3. Dismissal due to reduction in numbers (staff)

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Staff reduction is one of the valid reasons for dismissal, but the employer must not deviate from the algorithm prescribed by law, otherwise he risks becoming a party to legal proceedings initiated by employees who have lost their jobs.

Once the decision to reduce the number of personnel has been made, an order is drawn up outlining the procedure for removing staff units from the staffing table.

In addition, this order regulates:

creation of a special commission , whose papua new guinea email list task will include studying the preferential rights of employees (those subject to layoffs) to remain in their positions;

determining the timeframe for notifying employees . If we are talking about mass layoffs, then it is necessary to notify no later than 3 months in advance, in other cases - 2 months in advance, but not later;

determining the deadline for drawing up the relevant order . It is important that it should be issued earlier than 2 months before the moment of reduction, since it specifies the deadline (2 months) for notifying employees.

The commission is created by order. It includes representatives from the management, from the public organization, members of the administration of the branches where the staff is to be reduced. As well as an accountant, a lawyer and an employee of the HR department.

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In this example, the reason for dismissal from work is a reduction, so the created commission forms a list of those who fall under it, and determines the period during which it will review a specially formed dossier for each employee. Everything must be taken into account here, including professional merits, personal information about the family, etc. Then those who cannot be dismissed due to staff reduction are excluded from the list. These are:

a woman raising a minor child (under 3 years old);

pregnant woman;

a single mother raising a child who is under 14 years of age (if the child is disabled, the age is increased to 18 years);

father (without mother) or a person registered as a guardian or trustee of a child under 14 years of age (if the child is disabled, then his age must not exceed 18 years);

one of the parents or another person who is supporting a disabled child under 18 years of age (and there are no other breadwinners);

one of the parents or another representative who is supporting a child under 3 years of age , and there are at least 3 minor children in the family. There are no other breadwinners, and an employment contract has not been concluded with the other parent or other representative.

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As a result, those for whom layoffs cannot be a reason for dismissal are excluded from the list. When considering the remaining employees, priority remains with those whose professional qualities are higher. Part 2 of Article 179 of the Labor Code of the Russian Federation comes into force here. According to it, of two employees with the same level of professionalism, the one who remains is the one who:

fully supports at his own expense at least two family members (or more) who are incapacitated. Or the person provides assistance to these relatives, which is their only (or main) source of permanent income;

acquired an occupational disease at the given place of work or was injured;

is the only person in the family who can independently earn and receive income;

has the status of a disabled person of the Great Patriotic War or other military operations to defend the Fatherland;

sent by the employer (without interrupting work) to refresher courses.

As a result, there remains a list of employees with whom employment relations are to be terminated. Their reason for dismissal will be stated as redundancy. This information is provided to the Employment Service either in any form or in the format proposed by the same organization.

The employer is obliged to notify each dismissed employee in writing (with signature) that the position held or the number of employees will be reduced. The person is informed that 2 months after receiving the notification, the employment relationship with him will be terminated. And also about what guarantees he is entitled to in this case.

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The employer is responsible for finding other jobs for those who are to be laid off. The list of available positions (which can be filled by transfer) is also given to the employee as a notice. The consequences of refusing to transfer are also specified there. The employee must know that he/she has the right to terminate the employment relationship with the employer before t