Even at the most seemingly stableenterprise, there may be a situation where a serious personnel reshuffle is required. This may be due to a decrease in the volume of production, a change in the range of products produced or the re-profiling of the enterprise as a whole. In this case, an order will be required to reduce staff, a sample of which should be drawn up taking into account all the norms of labor legislation.
Change in staffing can not be done in one day. This step must be preceded by a whole procedure of successive actions. So, it is necessary:
Each of the listed items must be documented in compliance with all legal norms.
At this stage, you must be very careful.After the order to reduce staff is issued, a sample of the list of employees must be drafted with special care. First, we must not forget about the Labor Code. Articles 256 and 261 of the LC RF will prompt those who should be excluded from such a list. Means that:
Also, do not forget that you should notinclude in a similar list of those who are currently on vacation or officially sick. Having excluded all listed persons, the order on staff reduction is made definitively. A sample of it must be approved by management, coordinated with responsible persons and must comply with the norms of personnel records management.
Do not forget that for each stage there isTheir own, state-established deadlines. They must be strictly adhered to, so that the measures taken are valid. After the order on staff reduction is issued, a copy of it is given for acquaintance to the staff. The commission at this time should draw up and give a group of employees a notice of their forthcoming dismissal, related to the reduction of their positions. The document needs not just to be transferred, but to get the signature of each employee in that he is acquainted with the decision of the management. There are cases when people who do not agree with the decision, refuse to sign any papers. They count on their refusal to cancel the objectionable action. But the order has no retroactive effect. And in such cases, the commission's employees should proceed as follows:
The process of reduction is always carried out for a specific purpose. There are only two reasons that may prompt management to conduct such a procedure:
1) Decrease for one reason or another of the total number of employees of the enterprise.
2) Liquidation of specific positions.
In the first case, the "Order on Reductionstaff of workers ". This means that in the collective there is a reorganization, as a result of which specific staff units will be unnecessary. This fact is even reflected in the previous order, where the names of those posts that should be withdrawn from the state are specifically spelled out. In itself, the reduction in staff actually leads to a reduction in the number. Exceptions are only those cases when instead of abbreviated completely new staff units and posts are being introduced. It must be remembered that only "living" units can be liquidated. The withdrawal of vacant posts or a reduction in the number of existing units is not a reduction.
I must say that, regardless of whetherwhether the order to reduce the number, staff, an example of the correct compilation of such a document is unified in both versions. It must also be remembered that in any case, the employer is simply obliged to offer employees who are subject to reduction, another, available at his current job. It, naturally, should correspond to their professional qualification and a state of health. You need to offer not only actual, but also vacant units. There is a situation where none of the available positions to the employee did not like, and the particular employer has a suitable position in another locality. Then he is obliged to offer it in the event that it is stipulated by the employment contract (agreement) or recorded in the collective agreement of the enterprise. It will require the consent of the employee himself, expressed in writing. After all, you can not force a person to change work and residence in a compulsory manner.
There are cases when the final decision onthe reduction in the number of employers takes solely because of the difficult financial situation or lack of orders that give employees the opportunity to work in their workplaces. Such a step is a forced measure. For example, the standard procedure has already been carried out, the reduction order has been drawn up, and all employees are notified of the forthcoming dismissal. But suddenly the situation changes radically, and the management makes a decision to abolish emergency measures. What should be done in this case: to fire all, and then again to recruit or find another, more constructive solution? In this situation, it will be more correct to issue a special order, which will refer to the cancellation of the order and the entire contract procedure, including the dismissal of employees. In this order, the reasons prompting the leadership to take this step must be clearly spelled out. In addition, it instructs the personnel service to make appropriate adjustments to the staffing table, and the chief accountant - to put in order the necessary documents. The employee subject to reduction, too, must be familiar with this document against the signature.
