Features of the procedure for job reduction and notification of the employee, trade union and employment center. What should be the sample union notice of layoff? Notification of the trade union about the layoff of an employee sample

The unified procedure for carrying out staff reductions requires notification of the upcoming event to the trade union within the following periods (in accordance with Article 82 of the Labor Code of the Russian Federation):

• 2 months before the start of the event in general;
• 3 months before layoffs in case of mass layoffs of workers.

As you know, it is impossible to lay off (dismiss) an employee without the consent of the trade union body. Therefore, the trade union is consistently informed about the selected candidates subject to redundancy in writing.

The form of notification of the trade union is not defined by law. There are no strict requirements for it. It is compiled in free form.

For this purpose, or as an example, it is permissible to use existing samples of standard documents intended for notification of the reduction of an employment center.

If a trade union member is being laid off, it is necessary to request, by written notice, a reasoned opinion on the issue of dismissal of this employee in accordance with Art. 373 and art. 374 Labor Code of the Russian Federation.

The notification received by the trade union is considered for no more than 7 days, after which the employer is given a written response (in the form of an extract from the minutes of the meeting). The trade union must thus convey to the employer its objections or agreement on the submitted candidates. Further reduction measures are carried out in the usual manner.

Responsibility of the employer for failure to notify the trade union body of the upcoming layoff of workers

Any deviation from the regulated procedure for carrying out layoffs, including failure to properly notify the trade union body, is equivalent to a violation of labor legislation. Responsibility for such violations is determined by Art. 5.27 Code of Administrative Offenses of the Russian Federation.

This article mostly provides for a warning or an administrative fine. For officials, the size of the financial sanction is set at one to five thousand Russian rubles. The amount of the fine for legal entities established by the code can be from thirty to fifty thousand rubles. Entrepreneurs for such violations are fined in the amount of one to five thousand rubles.

In case of repeated violations, the applied sanctions are increased. For example, an official is fined a larger amount or disqualified for 1-3 years.

Among other things, in some cases the option of restoring a laid-off employee to his previous job cannot be ruled out.

Employer's mistakes when notifying the trade union about the dismissal of workers due to staff reduction

Recommendations of Rostrud on the issue of using standard forms for issuing notice of staff reduction

It was previously noted that the notification of the employment center and the trade union about the reduction has a common focus and is drawn up in a similar format. In this regard, the recommendations of Rostrud, presented in letter No. TZ/5624-6-1 dated September 26, 2016, on the form of notification to the employment service, are interesting.

In particular, it is noted that today there are 2 standard forms for the purpose of notifying the employment center about layoffs, proposed in 1993 by the Government of the Russian Federation. They are not required for use as they were originally intended as a recommended alert format. These recommended forms are attached to Government Decree No. 99 of 02/05/1993 (as amended on 12/24/2014).

Thus, to submit information about laid-off workers to the employment center, use the form in Appendix No. 2 of the document.

In case of mass release of workers, the form format presented in Appendix No. 1 is used.

There are no prohibitions on using these forms as a sample when compiling a notice for a trade union. Therefore, they can also be taken into account for active use.

Example 1. Notification of the school trade union about the layoff of employees, coupled with a request for a reasoned opinion (free document format)

Secondary School No. 5 is downsizing. The corresponding order was issued under No. 1 dated February 9, 2018. A list of candidates for dismissal has been compiled. These included 3 employees:

1. Deputy Director for Educational Work Klimov A.F.
2. Physical education teacher Amorova S.E.
3. Biology teacher Lisenko I.T.

In accordance with the procedure, a written notice is drawn up for the trade union about the reduction of the listed persons. The text of the document includes:

1. Notification of an upcoming staff reduction with reference to the basis - clause 2 of Art. 81 of the Labor Code of the Russian Federation and order No. 1 of February 9, 2018.
2. List of redundant persons (detailed above).
3. Request for a reasoned opinion on the dismissal of Deputy Director A.F. Klimov (union member).
4. Appendix: draft staffing table and order for the dismissal of A.F. Klimov, as well as a copy of the order for the reduction of the school.
5. Signature of the school principal with transcript.

Sometimes companies and individual entrepreneurs are faced with the need to reduce staff numbers in order to reduce costs. In such cases, a special procedure is launched, which the employer is obliged to inform not only employees, but also the employment center and the trade union. Let's consider how many days notice of a layoff must be given and how this is documented.

What is an abbreviation

If certain positions are excluded from the staffing table, a position reduction procedure is initiated. Notification of the employee necessarily occurs in the event of liquidation of an enterprise, termination of the activities of a company or individual entrepreneur, or the presence of employees with higher qualifications or labor productivity (with documentary evidence).

A reduction in the number of employees is carried out only when a position is eliminated.

The procedure is regulated by Art. 180 Labor Code of the Russian Federation. The employer is obliged to issue an order and approve a new staffing table. He must also notify, against signature, the persons subject to layoffs, the employment center and the trade union organization, carry out the dismissal procedure, and make the required payments and compensations. When staffing is reduced, employees are provided with information on available vacancies in the organization that correspond to their qualifications, experience, health status, etc.

Whom is the employer obliged to notify in case of staff reduction?

The employer is obliged to notify about the planned reduction:

1. Employees who are planned to be laid off. The employer is obliged to take into account the preferential rights of employees. People whose families have no other sources of income, those who have developed occupational diseases and temporary disabilities, disabled people during the Second World War, pregnant women, mothers of children under 3 years old and some others are required to remain at work.
2. Employment Center. The employer must not only notify the employment service about the staff reduction, but also make sure that the document bears the CNZ mark. Otherwise, the dismissal will be illegal.
3. Trade union (if there is one). If this organization has any objections to the dismissal of the employees in question, the employer will be required to take these into account.

Additional Information

There are employees who cannot be fired by law, and employees who have a preferential right to remain at work. According to Art. 261 of the Labor Code of the Russian Federation, it is not possible to terminate an employment contract at the initiative of an employer with pregnant women, except in cases of liquidation of an enterprise or termination of activities by an individual entrepreneur. According to Part 4 of Art. 261 of the Labor Code of the Russian Federation, termination of an employment contract with an employee who has children under the age of 3 years, with a single mother raising a disabled child under the age of 18 or children under the age of 14, with another person raising such children without a mother, with a parent (other legal representative of the child) who is considered the sole breadwinner of a disabled child under 18 years of age or the sole breadwinner of a child under 3 years of age in a family with 3 or more young children in their care , if the other parent (other legal representative of the child) is not formalized in the employment relationship, it is not allowed at the initiative of the employer.

Until the final payment is made, it is possible to withdraw the notice of layoff at the discretion of the employer. It is drawn up in writing and given to the employee for review against signature. If after this the person refuses to continue working in the company, dismissal will be issued at his own request or by written agreement with the employer.

Employee notification

The company's management is obliged to inform the employee about the upcoming layoff at least 2 months before the date of the planned dismissal. The law does not provide for a unified form of notification of job reduction, so organizations can choose from two options. The first way is to compose a free-form document, manually or on a computer. The second is to develop your own template, but it must be registered in the accounting records.

A written notice is drawn up in two copies. Each of them is signed by the manager and given to the employee for review against signature. One copy remains in the hands of the employee, the other is registered in the internal documents log, and then sent for storage in the archive. The document is written on behalf of the director of the organization, but other specialists can also fill out a sample notification of a reduction in the number of employees: a lawyer, a secretary, a human resources officer.

The notice must contain the following required information:

• Business name;
• date of document preparation;
• date of proposed reduction;
• reason for reduction;
• link to order;
• a list of available vacancies in the organization that are suitable for the employee.

There are several ways to send a notification to an employee:

1. Hand it over personally.
2. Send by mail to your home address. In this case, the document is sent by registered mail with acknowledgment of receipt, which proves the fact of receipt of the paper.
3. Read the document out loud. It is imperative to do this in the presence of witnesses or a special commission authorized to confirm the fact that the notice was brought to the attention of the employee.

If a person does not agree to sign a document, then, in the presence of two witnesses, the manager draws up an act in which the refusal is recorded. It is attached to other documents in the employee’s personal file.

The employer does not have the right to terminate the contract with the employee earlier than 2 months after sending the notice. An exception is the employee’s voluntary consent to dismissal. In this case, the employee is required to pay wages for these 2 months.

If after 2-3 months the employee is not fired, the notice loses its force. This happens when the employer does not have enough funds to make all the required payments and compensations. Then the person continues to work in the organization.

Labor legislation does not specify a specific form for such notification, but it must indicate the date of possible dismissal and indicate a list of proposed vacancies with an indication of their monthly salaries.

Job center notification

In Art. 25 of Law No. 1032-1 of 1904.1991 “On Employment...” states that the employer is obliged to inform the employment center about the planned reduction. The goal is to update statistical data, which speeds up the employment of employees who have lost their jobs. Legal entities are required to notify the Central Health Commission at least 2 months before the date of intended dismissal, and individual entrepreneurs - at least 2 weeks. In case of mass layoffs, the notice period for all employers is increased to 3 months.

A unified form of notification to the employment center about layoffs has not been introduced, so the employer has the right to write it in any form. This is reflected in the letter of Rostrud dated September 26, 2016 No. TZ/5624-6-1 “On the form of notification...”. The fundamental condition is that the document must indicate not only the fact and timing of the layoff, but also the following information about the employee:

• job title;
• speciality;
• profession;
• qualification requirements for the current position;
• size and form of remuneration.

The notification is submitted to the Central Public Health Center at the location of the organization. The registration and actual residence addresses of laid-off workers do not matter.

The specifics of the staff reduction procedure are described in the video

Union Notice

According to Art. 82 of the Labor Code of the Russian Federation, the employer is obliged to notify the trade union, if such an organization exists, about the decision to reduce staff. The notice period remains unchanged - at least 2 months before the date of planned dismissal, and for cases of mass layoffs - at least 3 months.

The letter must list the positions that are planned to be eliminated. A draft of the new staffing table is attached to the text.

If an employee is a member of a trade union and regularly pays membership dues, he can be fired only after agreement with this organization. Trade union employees present their reasoned opinion on the admissibility of layoffs. In response to the notification, the employer is sent an extract from the minutes of the meeting. It indicates objections or lack thereof regarding the dismissal of the employee in question.

If the deadline for notifying a staff reduction is violated, the employer risks incurring administrative liability. Large fines are provided: up to 50 minimum wages for individual entrepreneurs and up to 500 minimum wages for companies.

Any questions you may have can be asked in the comments to the article.

Is there a specific format for union notice of layoffs? It is with the execution of such a document that problems most often arise. In order to avoid making mistakes, you need to know the nuances of such a procedure.

Specifics of notifying the trade union about the upcoming layoff

A trade union (trade union or trade union committee), if it exists at an enterprise, is a voluntarily created organization that, along with the manager, influences the optimization of the work process.

If the company plans to reduce the number of employees, the boss must inform the union about the candidates he wants to reduce 2 months before the start of the process.

The procedure is as follows:

1. First of all, an order is issued to dismiss some workers.
2. After this, it is sent with a list of employees subject to layoffs to the trade union. The committee must learn about the upcoming process at least 2 months in advance.
3. Only after the decision of the members of the trade union committee or its inaction is the notification of workers about staff reductions.

A response from the trade union organization should be received within 7 days. If the members of the trade union committee were unable to come to a common opinion within a week, the employer has the right to make a decision.

Due to the fact that the period for consideration of a decision by a professional committee may take up to 7 days, some lawyers believe that its representatives should be notified of the upcoming dismissal earlier than 2 months in advance. Because otherwise the rights of workers may be violated, because, according to Article 81 of the Labor Code of the Russian Federation, this should be reported no later than 2 months in advance.

If it is planned to lay off a large number of workers, then members of the trade union committee are notified no later than 3 months before the expected date.

Nuance! If they are going to fire a trade union committee member, the employer first asks for a reasoned opinion from the trade union committee and only then issues a layoff order. And if the head of the trade union in a branch of the enterprise is to be fired, the decision is made by the bodies of the higher trade union committee.

Union Alert

There is no specific form in which a notice of dismissal should be written to the trade union. Therefore, the same design as is usually used.

Notification of the trade union committee.

If it is necessary to lay off those employees who are members of the organization’s trade union committee, the notification form will be slightly different.

Warning to members of the professional committee.

It is important to provide information about those employees who are going to be fired and ask the union to confirm the feasibility of the proposed dismissals.

1. The participants of the trade union committee, after the deadline for determining the response has expired, announce the results of the meeting in writing. If they do not agree with the employer’s opinion, a three-day consultation of the committee will be held together with the management of the organization.
2. If after this no consensus is reached, an appropriate protocol is drawn up. After which, within 10 days, if the trade union committee opposes the dismissal of certain employees, the manager makes a final decision.
3. If his answer contradicts the decision of the trade union, its members, like the laid-off worker, have the right to appeal the results to higher authorities, for example, you can file a complaint with the Labor Inspectorate or file a claim with the district court. The deadline for appeal is 10 days from the date of dismissal.

Notifying the union of a layoff is one of the most important steps in the process of dismissing employees. The manager decides whether to take his opinion into account or not. However, if violations of worker rights are noticed, the authorized body, that is, the trade union committee, can come to the employee’s defense.

If dismissal at the initiative of an employee is procedurally the simplest type of termination of an employment contract, then dismissal due to staff or headcount reduction is one of the most document-intensive and technically complex personnel procedures.

Abbreviation: employer responsibilities

Termination of an employment contract under Part 1, Clause 2, Art. 81 of the Labor Code provides for the employer to comply with a number of mandatory actions, including, no later than two full calendar months (and in case of mass layoffs - three) before the date of termination of the employment contract under this article:

• notification to the employee of the upcoming dismissal, indicating:
  • reasons for release
  • dismissal dates,
  • available vacancies;
• notice to the employment service about layoffs, indicating:
  • volumes of planned release,
  • listing of positions being eliminated,
  • information about the released employee - position held, qualifications, education, salary;
• notification to the trade union committee of the enterprise, indicating:
  • list of positions being eliminated
  • a list of persons subject to dismissal due to staff reduction and information about their length of service at this enterprise, in their position, and the availability of certain documented benefits.

The notification and information about the reduction sent to the regional employment service are filled out in a standardized form (Appendix No. 2, approved by Decree of the Government of the Russian Federation No. 99 of 02/05/1993).

There is no standard form for informing the trade union committee, therefore, to notify the trade union about a reduction in staff, the employer has the right to develop a sample form independently, or draw up a document in any form.

Trade union notification of layoffs: sample document

The ability to independently develop a form for notifying the trade union committee about upcoming measures at the enterprise to reduce staff or the number of employees does not give the employer absolute freedom in the concept of presenting the text of the notification. We must not forget that this is an official document, and therefore must contain:

• availability of installation data of both the enterprise and the trade union committee;
• official language of presentation of the essence;
• the presence of official attributes - signatures, seals, stamps, document registration data.

In order to avoid possible mistakes and correctly document the procedure for dismissing employees, HR specialists, when preparing a package of documents, are recommended to develop a notice of the trade union about the layoff, the sample of which will be optimized for the specifics of the enterprise and the specific reason for the dismissal (downsizing, restructuring, staff reduction) .

It is important!

It should be remembered that the notice of layoff is an official document, and it is in the employer’s interests to be scrupulous in its preparation, since any violation in the wording, terminology, or writing of the data of the laid-off employees can be challenged and will entail the cancellation of the initiated procedure. Considering the deadlines strictly stipulated by labor legislation for carrying out each stage of the planned measures to reduce workers, this possibility may lead to their violation and the need to start the procedure all over again.

That is why, having drawn up a union notice of staff reduction, the sample document must first be agreed upon with the company’s lawyer, and only after that, having registered it in the Journal of Outgoing Correspondence, the document must be submitted for consideration by the trade union committee.

A correctly drafted preamble to the Notice should be set out as follows:

In accordance with Part 1 of Art. 82 of the Labor Code of the Russian Federation, we hereby notify the Trade Union Committee of Peredovik LLC that on October 29, 2017, due to the need to optimize the wage fund caused by a decrease in production volumes, a decision was made to carry out measures to reduce staff.

The next part of the document is informative. It must contain official data on the procedure. Eg:

Based on the decision made:

1. From December 31, 2017, 2 (two) staff positions will be removed from the staffing table of Peredovik LLC.
2. From December 31, 2017, employment contracts will be terminated under Part 1, Clause 2, Art. 81 of the Labor Code of the Russian Federation with employees occupying reduced positions, about which we simultaneously send information to the employment service in the prescribed manner.

Previously, after sending the Notice of layoff to the trade union committee, agreements followed between the head of the enterprise and the trade union committee. Currently, the Notification is being sent to the Trade Union so that the collegial body can express an opinion on the merits of the issue raised as it relates to each of the employees specified in the Notification.

Legislative norms (Article 373 of the Labor Code of the Russian Federation) allow seven days from the date of delivery of the Notification for the trade union to express its opinion on the reduction procedure. The employer has the right not to take into account an opinion not submitted within the specified period, or received late (as determined by the incoming registration number). In the Notification sent, the employer must indicate:

In accordance with Art. 373 of the Labor Code of the Russian Federation, we ask you to submit a reasoned opinion on the issue of termination of the employment contract with the above-mentioned employees within the prescribed period.

It should be noted that in cases where an employee who is not a member of a trade union is subject to dismissal due to reduction, the employer is spared the need to officially notify the trade union of his dismissal.

Notification of a trade union about staff reduction is necessary only if there is one in the organization. A trade union is a voluntary association of workers to protect their rights and legitimate interests. The presence of this organization at the enterprise is not necessary. At the same time, the employer does not have the right to prevent its creation at the initiative of employees.

Union Notification Form

Staff reduction is a popular measure to optimize the production process, which many companies resort to. This procedure must be carried out in compliance with labor legislation. It is the employer's responsibility to notify not only the employees, but also the employment center and the trade union organization, in writing 2 months in advance of the upcoming dismissal.

Example document.

The legislation does not contain a special sample notification, so it can be drawn up in any form. The message must contain the following information:

• name of the trade union body;
• date and place of compilation;
• basis for reduction;
• position and full name of the employee;
• dismissal period.

Important! If there is a trade union committee, its notification is mandatory, even if the employee is not a member.

Despite the fact that the law establishes a two-month notice period, it is necessary to notify the trade union body earlier, since warning workers is possible only after the notice has been received by the trade union. A representative of this authority must indicate the date of receipt on the written notification.

Opinion of the trade union on layoffs

After receiving the notice, the trade union reviews the documents provided, studies how justified the employer’s decision regarding the reduction process is, as well as the legality of the employee’s dismissal. Within 7 days a written response is drawn up, where the committee expresses its opinion. At least 3 days are required for joint consultations.

If the union does not agree with the reduction, this will not prevent the employer from making a dismissal. At the same time, the trade union committee can appeal the employer’s actions to the labor inspectorate or in court if there are grounds and speak out in defense of the employee who is to be laid off.

Throughout the existence of trade union organizations, there has been a pronounced confrontation between the employer and this body. However, with proper management of the company, the trade union committee can become an ally and partner.

When deciding who to fire and who to keep at work, the employer primarily considers the interests of the company. Preference is given to employees with higher productivity, professionalism and experience. But what to do if there is a choice between two employees who fully meet all the requirements and are on equal terms? In such a situation, the trade union committee can help the employer and give its recommendations.

In addition, dismissal at the initiative of the employer is always an unpleasant process for both parties. As a rule, if there is a trade union committee in the organization, a collective agreement is concluded, which often contains conditions for additional payments for employees who have been laid off. Additional compensation payments can mitigate the situation upon dismissal. The job of the union is also to part with the employee on good terms and avoid complaints and lawsuits from the dismissed person.