Reduction at work - how to avoid?
Did you get a cut at work? What does it mean - how will the dismissal procedure take place? What responsibilities does an employer have and what are the rights of a downsized employee?
Downsizing at work
The reduction at work is a rather unpleasant and exciting thing for employees. Rumors about this are beginning to spread even before the official announcement of the impending dismissal. People are going through - who exactly will cut what to do next.
Employers, both Russian and Ukrainian, do not like to be fired due to staff redundancy, because in this case, employees are given certain guarantees and cash compensation.
But it would be imprudent to agree to persuasion to write an application for dismissal at will - why lose the rights and payments required by law?
Reduction at work - the main stages
Labor legislation (the Labor Code of the Russian Federation and the Labor Code of Ukraine) clearly regulates how the procedure for dismissing employees to reduce staff should be carried out.
Edition of the staff reduction order
If the management of an enterprise or an organization decides to make a reduction at work, it is necessary to issue an appropriate order. It indicates the basis for the reduction, for example: to bring the staff in line with the reduction in the amount of work.
The reasons for the reduction may also be liquidation, reorganization, bankruptcy, conversion of the enterprise.
Be sure to specify in the order the date of the future reduction - depends on the timing of notification of staff of dismissal. Also, the document should reflect changes in staffing.
State Reduction Notice
Issuing an order - only the first stage of the procedure, which is a reduction at work. Employees who are to be dismissed must be notified of this, not later than two months before the impending departure. And, of course, in writing, and each of the abbreviations must sign in evidence of receipt of this information.
In the notification, the employer offers other vacancies (if any) to employees who have been laid off, and the employee either agrees or refuses the proposed position.The consent of the person make out the translation.
The fact that a reduction is planned at work should be reported to the trade union organization - two months before the start of the dismissal of employees. And if mass release is planned, then in three months.
At the same time the company notifies about the reduction of staff and employment services.
Who has the advantage of staying at work
Perhaps not all employees are aware of such a concept as the right of priority to stay at work when a reduction occurs. Some categories of employees are not subject to dismissal at all.
Who the employer does not have the right to dismiss:
- temporarily disabled (this must be confirmed by medical certificates);
- pregnant women (excluding the situation when the entire enterprise is liquidated);
- persons on leave: mainly educational, childcare, without pay;
- mothers with children up to the age of three, single mothers who raise a child under the age of 14 or a disabled child (under 18), adoptive parents, carers.
If, while reducing the staff, the employer faces the question of choosing whom to leave, then preference is given to:
- a person with higher qualifications and better labor productivity;
- a family employee who has two or more dependents;
- an employee whose family alone has independent earnings;
- an employee who has received a occupational disease or labor injury during his or her work in this organization;
- a participant in hostilities;
- an employee who improves his qualifications on the job (by employer).
Documentation of the dismissal
Completes the procedure according to which there is a reduction at work, an order for the dismissal of workers. In the order there is a column “base”, where you need to indicate that a person is dismissed due to the reduction of staff.
It is necessary to enter the details of the following documents: an order to reduce the staff, notify the employee about his impending dismissal and the vacancies offered to him. Worker acquainted with the order under the painting.
In the employment record of the employee dismissed on reduction, make the appropriate entry on the termination of the employment contract and refer to the relevant article of the labor law.
Payments for dismissal
Reduction in work involves legal payments to all who will be fired. The company must pay for each employee on the last day of work.
What remuneration is due for dismissal? The employee is paid wages, severance pay (his amount is equal to the average monthly salary), compensation for unused vacation.
The average earnings remain for the dismissed employee for the period of searching for a new job, but not more than two months. To this end, reduced workers need to register with the employment service, and the former employer is obliged to pay the specified amount until the person is employed at a new place. To do this, he must provide a workbook, in which there is no record of admission to work.
Registration with the employment service
Is it worth it to register with the employment service if there was a reduction in your work and you were among the dismissed ones? Of course, yes, because in this case, you are entitled to payment from the state and assistance in finding employment.
Let unemployment benefits and not replace a salary, but it will help at the time of the job search. Maybe you even find a suitable job.Still, it is better to rely on your own strength and actively engage in an independent search for employment options.
How to avoid dismissal
Reduction at work can affect any employee, but, first of all, it threatens those from whom the employer does not mind getting rid of. If from you, as a specialist, there is little confusion, you will fall into the first rows of those being reduced.
Hence the conclusion: prove your professional competence, bring tangible benefits to the company. And although indispensable, as is known, does not happen, but there are very valuable and reputable employees. So try to be one of them.
Only to work conscientiously, earning the image of a specialist of a high category, it is necessary from the very beginning, so to speak, to work in advance.
But the tactics of blackmail or attempts to soften the leadership, if you face dismissal, will not help. A hungry family or a hypothetical proposal from a rival company for the bosses is not an argument.
Try to establish a friendly, non-conflicting relationship with colleagues and superiors. Be part of the team - participate in corporate events, communicate with employees.
And, if after all you have come under redundancy, do not panic. Unpleasant? Of course, but it is quite possible that life itself directs you to a different direction and in a new place of work, which you will definitely find, you will be better and more comfortable.