Economic instability in the country again, forcing employers to make cuts of its staff. This method of termination of the employment contract one of the most challenging, both in terms of design and the emotional side. Reduce unpleasant not only to employees but to the employer.
The Main processes of the redundancy procedure prescribed in the labour legislation, the intricacies in various local acts. If industry agreement is not klassificeret a reduction of mass and individual, should be guided by the norms of part 1 of article 82 of the Labour code and the Provisions on the organization of work on employment promotion in the conditions of mass release.
The Massive reduction in is how many people to be laid off? Official figures:
Also for regions where the total population does not exceed 5 thousand people, the mass reduction is the release of a 1% working for the same company for 30 days.
The Law stipulates the obligation of the employer to explain the reasons for the reduction, especially if everything is within the law. Although the causes usually are clear: the recession, ineffective top management, automation of production processes.
So, the reason for mass layoffs of doctors in Moscow were the optimization measures in the area of health. The effectiveness of these measures is too early to say, but many people were left without a livelihood, while having a noble and sought after profession.
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Despite the fact that this stage is not provided for by any legislative act, judicial practice suggests that such decisions are best taken collectively rather than individually by the Director. The Commission will decide whether mass reduction as a person, and of any divisions and departments.
At this stage you should determine the number of persons of the categories not subject to reduction. Also a good idea to draw up a comparative table to identify employees with higher skills, therefore having a preferential right to remain at work. The defining criteria may be:
- the absence of defects and violations over a specific period of time;
- the personal contribution of the employee in the development of the company.
Evaluation can be performed not only within a certain category of posts but between the posts with different titles but similar responsibilities. The result of the Commission's work should be a report with a list of employees to be reduced.
Such an order is issued at least 2 months prior to the date of release of employees. Although this order comes into force, together with the orders of dismissal of employees.
If there is a mass reduction of employees, it is more rational to create a new staffing than to amend the old, but to enter into force it can only after the procedure reduction.
The Legislation provides for two months to notify the employee of the impending dismissal. The best option is a personal written notices issued to each under the signature. One copy of the notice signed by the displaced employee, the employer must retain.
If individual workers refuse to accept a notification or to put his signature, it is necessary to draw up an appropriate act, to draw to his signing of the Commission members and other employees, preferably from other units. In the absence of the employee at the workplace because of being on vacation or sick leave notification you can send an email notification with the list of sent documents and notify.
At a mass reduction in medical in Moscow, many employees retired before the date of the reduction. Indeed, to retire early. The employer is required to produce, all guaranteed by the legislation of the payment.
After the service of notice or at the same time the employer must offer the employees another job if it is vacant. Whether it's a massive reduction of doctors or other professionals - to offer you the job, even not qualified to a downsized employee with lower salary.
If the job was offered together with a notice of the reduction, and the employee is not willing to change the profession, then the notice he should write that he refuses the offer of vacancies.
In the absence of available jobs, the employer is also encouraged to make about it a corresponding document and familiarize all the redundant staff under the signature. Of course, staffing must confirm the absence of vacancies.
When notifying employees about the upcoming release, you must notify the Union. If we are talking about mass layoffs in Russia, for 3 months prior to the upcoming date of the reduction.
The Legislation does not require the employer to obtain consent from the trade Union organization. The administration may be limited to only a notification.
There are No special requirements for the transfer of staff during the period of reduction is not provided, everything is carried out according to standard procedure. Employee can Express their consent by affixing of the relevant mark on the notice. After that, the employer is making these changes to the contract.
The Massive reduction – the design of the order on termination of the employment contract with each employee. Naturally, the huge size of the enterprise, a large burden falls on the HR Department, but there is no other option. Also have to make entries in the employment record of those employees who resign, that is, to conduct a full dismissal procedure shortened with each employee.
If the employee wishes to obtain employment or is absent on the day of dismissal at work, he is in the same day should be sent by registered mail inquiry that he was present at the enterprise to receive the work book. In the case of illness of the employee termination date is postponed to the time when the employee come to work with a hospital sheet on her hands.
Both single and massive reduction in the number of employees involves the payment of additional compensation, namely:
- payment for the last month of work, including all allowances and bonuses;
- payment for each day the failure to use leave;
- a package in the amount of monthly charges.
It Should be remembered that the non-payment of all compensation to the date of dismissal or on the next day entails the payment of interest at the rate of not less than 1/150 of the current at this point, the key rate for each day of delay.
When mass layoffs, how many people it wasn't almost all get to the employment Center on the account to get at least some social guarantees and employment opportunities.
If within 1 month from the date of the reduction and registration in the employment Center staff was unable to find a new job, he is entitled to make sick leave payments to the former employer. Unemployed personnel can expect to get the average monthly wage from the former enterprise for 2 months from the date of the reduction. Naturally, such payments will be reduced by the amount received social unemployment benefits.
For payment, the former employee may apply to the employer with a written statement and labor book, is proof of the fact that he is not employed. In some cases the opportunity to receive their salaries remains unemployed for 3 months after mass layoffs:
if applying to the employment center no later than the end of the two-week period after the date of the reduction;
- the employment Center was not able to employ the unemployed for 3 months;
- the unemployed must obtain a decision from government employment, where he is registered.
The Worker should take interest in their rights, for example, often in a collective agreement spells out increased compensation in case of mass redundancies. Therefore, prior to employment should not be approached formally to study such a document.
Often, employees do not understand what mass juice...
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Alin Trodden - author of the article, editor
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