How not to fall under abbreviation? Employees' rights when reduced

A brief guide to action with a threat of reduction. What are the rights of workers and what categories fall under the reduction can be found in the article.

In view of the existing “crisis” situation in the economy, the reduction has become an integral part of many companies. And since this is a satisfied painful topic that can touch even very successful, at the first glance of employees, we will try to figure out how to avoid this.

Who does not fall under the reduction in Russia?

Not every employer is guided by legal rules for reduction. Therefore, it is very important to know whether the leader has the right to “cut” you from the state. The categories are not subject to reduction include:

1. Disabled workers or that is, who are on sick leave (part 6 of Article 81 of the Labor Code of the Russian Federation)
2. Mother on parental leave, with the right to save the workplace (part 4 of article 256 of the Labor Code of the Russian Federation)
3. Employees on vacation - educational, mainly at their own expense
4. To pregnant employees (Article 261 of the Labor Code of the Russian Federation)
5. Mother-lobes who educate children under 14 years of age either disabled child, and the rest of the parents are the uses (Article 261 of the Labor Code of the Russian Federation)
6. Members of trade unions (paragraph 2, 3 and 5 of Article 81 of the Labor Code of the Russian Federation)

Who is the first to fall under the reduction by law?

If during reduction there is a choice between the two posts of the same rank and similar obligations, then employees need to know their rights in accordance with Article 179 of the Labor Code of the Russian Federation. Privileges cannot be reduced from two similar positions have the following categories:

1. Employees who have two or more dependents in the family
2. Workers who are the main breadwinner
3. Employees who could get a professional trauma or disease at this enterprise
4. Workers who improve their qualifications without interruption from working time
5. Disabled hostilities

What to do so as not to fall under reduction?

• The main criteria according to which the decision on reduction takes place are the education of the employee, labor productivity, the level of competence and personal professional fitness. And if in the air the threat of losing your workplace is hindering, be prepared when the first prerequisites arise in a new and qualitatively revise your working skills.
• Be prepared by retraining or taking on additional obligations. With the existing tendency to combine the duties of several employees in the person of one, this is very relevant. It is also possible to increase the number of overtime hours. Thereby showing his desire to maintain his workplace
• Have a healthy corporate spirit. Be happy with your place, do not gossip and do not overshadow the situation. In any case, even the most biased leader will choose a person with a positive mood for work and success.
  The ability to maneuver in life obstacles is important quality. And even if you are faced with the threat of loss of work, the share of optimism and knowledge of your rights and qualities will always help you
• Stock up for the future. To do sports and learn more about a healthy diet in time. No sick leave will be welcomed during a frantic race from reduction. If you are still ill, be ready to show the management the desire to fulfill the work plan at home or in the shortest possible time

What to do if you are abbreviated?

• Start calling all companies in which you may be interested in your position. Do not get tired of sending the resume and being persistent. Despite the crisis, many companies need qualified employees
• Do not waste time and be sure to register at the employment center. In addition to material payment, you can get retraining there or simply meet your new employer
• Meet everywhere and everywhere. Collect new contacts and do not forget to tell about yourself and about what a wonderful specialist you are. Tell friends and relatives. What are you in searching for work. The world is full of good people and help can come from anywhere
• Consider other methods of earning. There are many jobs for freelancer on the Internet. If you are an accountant or other specialist who can provide services at a distance or using the Internet, then use this opportunity

Do minor children fall under the reduction of the mother?

• A parent, who is the only breadwinner of a child under the age of three years in a family, raising three or more young children, if the other parent does not work is not subject to reduction
• If an employee has a dependent child who is 12 years old or 4 years old, and is not his only breadwinner, then this list is not included
• Thus, the employer has the right to dismiss to reduce the number of employees of the organization of a woman who is dependent on the child 12 years or 4 years old, subject to the leaving procedure provided for by the law on this basis

Fell under the reduction on maternity leave?

The employer is not entitled to reduce the mother on maternity leave for child care. For the period of parental leave, the employee retains the place of work (position) (part 4 of article 256 of the Labor Code of the Russian Federation).

Pregnant is abbreviated. What to do?

Article 261. TC provides guarantees to pregnant women. The maintenance of a woman is based on her pregnancy, are punishable by a fine of up to two hundred thousand rubles or in the amount of wages of Art. 145, “Criminal Code of the Russian Federation” dated 06/13/1996 N 63-ФЗ (as amended on 05.06.2012)

Pensioners fell under reduction. The year before retirement fell under reduction. What to do?

• In this case, it will be possible to apply for an early pension on the basis of Article 32 of Zach. RF "On the employment of the population in the Russian Federation"
• Citizens who have not reached the age of 60 years for men and 55 years for women and having an insurance experience of at least 25 and 20 years for men and women, respectively, as well as the necessary experience in the relevant types of work, giving them the right to early appointment of an old age retirement pension , provided for by Articles 27 and 28 of the Federal Law “On Labor Pensions in the Russian Federation”, the duration of the period of payment of unemployment benefits increases in excess of the set 12 months by two calendar weeks for each year of work exceeding the insurance experience of the specified duration
• At the same time, periods of work and other activities are included in the insurance experience and other periods established in Articles 10 and 11 of the specified Federal Law are counted
• The total period of payment of unemployment benefits cannot exceed 24 calendar months in total calculus within 36 calendar months

Do pensioners get under reduction?

All working pensioners fall under the general conditions for the reduction and payment of compensation in accordance with Article 180 of GL 27 of the Labor Code of guarantees and compensation to employees and liquidate the organization, reduce the number or staff of employees of the organization.

Reduction notice. The order of reduction

Here are the main stages of the reduction procedure:

• Publication of the order to reduce
• Notification of workers and offer to them other available work
• Notification of the trade union and employment service
• Dismissal of workers

After deciding on the reduction, each manager must issue an order. This document must indicate the dates of the reduction and changes that will be made on the staffing.
After the publication of the order, the head must notify all employees of the upcoming reduction and no later than two months before dismissal. The notification is drawn up for each employee and is handed personally to him under his painting.

The notification usually lists the positions proposed by the employee, namely the essence of Art. 180 of the Labor Code of the Russian Federation obliges the employer to offer the reduced other work (if any) to be reduced.

Important: the employer must offer vacancies at the degree of their appearance until the day of dismissal.

The labor books of workers dismissed in connection with the reduction of the staff submit a record of dismissal with reference to paragraph 2 of Part 1 of Art. 81 TC.

A record in the work book upon dismissal of reduction may look like this: “The employment contract is terminated in connection with the reduction in the staff of the organization’s employees, clause 2 of the first part of Article 81 of the Labor Code of the Russian Federation”.

Dismissal to reduce staff. What you need to know?

Not all employers have an honest game, and unfortunately not all employees know their rights when reduced. For example, when reducing the number of staff, a package of payments and guarantees to the employee is quite significant.
The shortage of reduction should be received at least two months before the date of dismissal to reduce the staff. If the employee is reduced, they are required to pay the penalty in the amount of the salary for the two next two after the dismissal of the month.

Important: when writing a statement of reduction, you must ensure that you are provided with a sample precisely a reduction, and not dismissal of your own free will.

When registering an abbreviated employee in the employment center, he is obliged to look for work according to his qualification level. If such work is not provided to him within two months, the employer is obliged to pay compensation in the amount of the salary for another two months.

Video: What rights does the employee have when reduced?