Reducing the number of employees

Reducing the number of employees - widespread measure of "survival"companies in periods of crises, economic shocks. The number of posts is decreasing (note, it is the positions, and not the specific employees who occupy them!), Whose presence, due to the corresponding technical and economic reasons, has become unclaimed.

According to the labor legislation of the Russian Federation (clause 2, part 1, article 81 of the LC RF) the reduction of the staff of workers can be made by the owner of the enterprise or by the person authorized by him only in case of changes in the organization of production and labor:

• liquidation


• reorganization


• re-profiling

It follows that the reduction in the number of employees should be justified in accordance with the Labor Code of the Russian Federation - only then it is lawful.

When making a decision to reduce the number of employees The employer is obliged to make the appropriate changes to the staffing table enterprises, organizations.

The staff reduction procedure provides for written notice to the employee or employees falling under the reduction, no later than 2 months before the expected date of dismissal (Article 180 of the LC RF). A corresponding order is issued about the enterprise with an indication of the reason for the reduction.

Also not later than 2 months before the beginning of dismissals, the employer is obliged to notify the employment service bodies on the forthcoming reduction, and also to notify the professional committee of the enterprise about the appropriate changes in the organization of labor in the enterprise.

The employer is obliged to each employee who falls under the reduction, in writing to offer a transfer to another job in the following order:

• to offer a vacant position in the company, corresponding to the employment contract concluded with the employee (part 1 of article 180 of the TC);


• to offer a subordinate vacant position, if there is no vacant position corresponding to the employment contract concluded with the employee.

In this way, employee falling under the reduction of staff, has the right:

• to agree to a transfer to another position, corresponding to the professional knowledge, skills and experience of the employee, if such a position is vacant;


• agree to transfer to another inferior position, if such a position is vacant;


• agree to dismissalwarning and receive additional compensation in the amount of the average earnings of the employee, which is charged in proportion to the time remaining before the expiration of the warning period;


• to receive severance pay in the amount of average monthly earnings (part 1, article 178 of the Labor Code of the RF);


• receive compensation for unused vacation.

On the day of dismissal, the employee receives full payment, compensation for unused vacation, severance pay. On the hands of the employee issued a work book withrecord of dismissal. The right to receive severance pay is retained by the employee until he finds another job, but not more than 2 months from the date of dismissal.

With a reduction in the number of employees, some workers have preferential rights. So, the priority right at leaving on work is given to workers with higher qualification and productivity of work.

According to item 261 of the LC RF in connection with the reduction of staff can not be dismissed pregnant women, women on leaveto care for a child under the age of 3 (maternity leave), single mothers raising a child (children) under the age of 14 (disabled child - up to 18 years), other persons raising these children without a mother.