Legal relations between employees and employers are established by the Labor Code of the Russian Federation. But many do not know how dismissal is done due to downsizing. By law, certain categories of citizens are protected from this procedure. You need to know who first comes under the reduction. To find out the answer to this question, just read the article.
Who has the benefits?
Employees are interested in who first comes under the reduction. There is no exact answer to this question, since such positions are established by management on the basis of an objective need for personnel. This means that according to the Labor Code of the Russian Federation, the reduction of any employee is possible.
But if it comes to dismissal to reduce a certain number of employees who occupy the same position, some have a preferential position. Based on Art. 179 of the Labor Code of the Russian Federation, work is retained for:
- With excellent performance, skills.
- Having dependent 2 or more people.
- Persons who have no other able-bodied members with a regular income in the family.
- Received a disease or injury during work.
- Disabled WWII and other military operations.
- Being on advanced training.
Preservation of the workplace is also possible for other categories of employees that are included in the collective agreement. This is established by the rules of the enterprise. Who is primarily affected by the reduction in the enterprise? It turns out that all other persons are subject to dismissal, with the exception of the above.
Who is not being fired?
It is necessary to know not only who comes under the reduction in the first place, but also who cannot be fired. It is forbidden to deprive of work:
- Pregnant women.
- Single mothers who have up to 14 years of age.
- Women who raise children under 3 years old.
- Persons raising a child under 14 years old with the condition that he has no mother.
It is forbidden to dismiss workers during some incapacity for work (Article 81 of the Labor Code of the Russian Federation). The exception include cases of liquidation of the organization. Confirmation of stay on sick leave is considered a medical certificate. The reduction of the employee is not performed during his parental leave (Article 256 of the Labor Code of the Russian Federation). It should be borne in mind that the length of service is not considered protection during a reduction in the number of employees.
Retirement
Who first comes under the reduction if the above categories cannot lose their job? People who are less than 2 years old before retirement are often fired. They go to her ahead of schedule. Only in this case, a work biography must meet certain requirements:
- The insurance period should be equal to 25 years for men and 20 years for women.
- A person must be recognized as unemployed, and in the future it will not work.
After the dismissal of the reduction, the person needs to be registered with the employment authorities, which, with the preparation of their work path, initiate early retirement. Who is the first to fall off in kindergarten? This can be pensioners, people without qualifications, as well as educators.
Firstly
The procedure for dismissal is approved by the norms of the Labor Code of the Russian Federation. The document is valid for workers in commercial and budgetary institutions. Who is the first to be reduced? These include persons without qualifications or benefits. To familiarize yourself with the sequence of staff reductions, you should consider:
- Age.
- Qualification.
- Family status.
- The decision of the employer.
Age
Priority is given to highly qualified employees. There are no age differences by law, which is recorded in Art. 2 Labor Code of the Russian Federation. Persons have the right to receive average monthly income for the period of job search (Article 178 of the Labor Code of the Russian Federation). Persons who have been discriminated against may sue for protection of their rights, including compensation for non-pecuniary damage (Article 3 of the Labor Code of the Russian Federation).
Skill level
Highly skilled employees have some advantages over other employees (Article 179 of the Labor Code of the Russian Federation). Qualification is not only the possession of theoretical knowledge, but also the possession of the practical skills necessary for work.
Often, employers need to choose between two similar employees. Then you should give preference to a person with a family, where dependent is from 2 people. Who falls first in kindergarten? Unskilled workers are assistants, cleaners, kitchen workers. Although among educators there may also be a reduction.
Dependents are persons identified under Art. 9 of the Law “On Labor Pensions”. Under this rule, citizens who are considered the only family keepers fall. The employer has the right to determine which of these categories is left with a reduction in the staff of the enterprise. From productivity, the quality of work, the absence of shortcomings, the volume of products, the timeliness of the implementation of labor functions are taken into account.
Personal circumstances
The dismissal of the employee is carried out at his personal request, for example, due to the preparation of the child in kindergarten. A reduction occurs only at the initiative of the employer. But when the employer makes a decision to reduce the number of employees, then after this decision, a person can write a statement on the completion of the employment relationship, not expecting a period of 2 months.
The employer can be recalculated, after which all the required funds are paid in accordance with the general procedure. Early termination of employment is possible due to personal circumstances of the employee. Who falls first in school? Qualifications and marital status are taken into account. Often, persons with insufficient qualifications fall under the dismissal.
Subjective reasons
Who first of all comes under staff reduction depends on subjective reasons. The decision to reduce is made by the employer. The reasons for this may be different, for example, a drop in demand for manufactured products, because of which there is a decrease in the costs of the organization. Sometimes the transition to the automation of work processes. For this reason, the maintenance of a large staff is not required.
In medicine, the reduction is due to lack of funding. Although there are other ways to reduce organization costs, employers prefer to reduce the number of employees. But if a reduction is inevitable, it is important not to lose valuable personnel.
Alert
After deciding on a reduction, each employee should receive a notification. You need to familiarize yourself with it and sign it. The paper is drawn up in any form. The notice usually indicates alternative posts that are available. If a person refuses to transfer to another job, his refusal is documented based on the rules of dismissal to reduce staff.
The dismissal of the reduction is made only if the personnel are notified at least 2 months in advance. After the expiration of this period, an order is issued. Only with the release of this document is a reduction in staff.
What to do with the reduction?
It should be borne in mind that before this event must be notified 2 months in advance. In addition, there will be as much time for job search. To confirm the status of unemployed and facilitate a suitable vacancy, it is required to register at the employment center no later than 2 weeks after dismissal. Would need:
- Passport.
- Certificate of average income from last place.
- Documentation of qualifications and experience.
Then the employment service will offer vacancies. A guide will be provided during the search. You can refuse to work only 2 times, and then the income will not be paid. At the same time, a citizen needs to visit the employment service 2 times a month.
Contesting contraction
If the employer has violated the reduction rules, the employee can go to court. Usually, restoration is quick. Just do not miss the deadlines during which treatment is possible. The claim should be filed within a month from the date of dismissal, otherwise the application will be rejected.
It is possible to write a complaint to the labor inspectorate or prosecutor's office. The employer still has to pay a fine for breaking the law. Therefore, this procedure must be performed based on the requirements of the Labor Code of the Russian Federation.