One of the controversial labor situations is the reduction of the employee for reasons independent of him. And this rather time-consuming process must go so that the employee does not suffer. The reason for the termination of employment may be the phrase "downsizing" or "downsizing." The difference in these formulations is not significant.
If the company is reducing the number of workers, the employer has the right to leave the most qualified employees in the workplace. And that is understandable. In any case, the legal rights of the employee, when reduced, must be fully respected.
Before handing the notice of reduction, it is necessary to analyze the situation, compare the professional capabilities of employees. And only after that notify the employee of his reduction. Moreover, there should be documentary evidence.
An extract is prepared for each of the redundant employees, which reflects all the information about his professionalism - for comparison. After candidates for continuation of labor activity and candidates for reduction are selected, a special commission is created. It should consist of three people. If there is a trade union organization in the enterprise, the union member must be included in the commission. After reviewing the documents submitted at reductions, the commission, by right of advantage of leaving employees in the workplace, makes a decision. Then a protocol is drawn up, which indicates the reason for the reduction of the employee.
Some categories of employees are guaranteed in the event of a downsizing. These include:
- Women in position;
- Women raising children no older than three years old;
- Single mothers with a disabled person in their arms - a child not older than 18 years old, or a healthy child under 14 years old;
- Other persons who raise the above children without parents.
In the comparison procedure, such personal qualities as organization, sociability, determination are not taken into account. All emphasis is placed on the professional qualities of the employee, which positively affect productivity.
Reduction of the employee should not entail a controversial situation. There is a category of workers and employees who, upon dismissal, have the preemptive right to remain at their workplace. It:
- Workers with two or more dependents in their families.
- Workers on advanced training in the direction of the enterprise;
- Disabled people who took part in hostilities to defend their country, or invalids of the Second World War;
- Workers injured in work or occupational disease.
After determining who remains at work according to the preemptive right, lists of employees are subject to dismissal. Further, a dismissal order for reduction is created, with which the employee must familiarize himself and sign it.
Also, the redundant employee may be offered a transfer to another place available to the employer. The transfer will be carried out after the written consent of the employee. Moreover, he is not entitled to choose any vacant place. The proposed workplace must meet the qualifications of the employee. If the employer is not able to provide such work, he can offer the employee a lower-paid and lower-level position that corresponds to his state of health.
If, the reduction of the employee took place in violation, a person can appeal to the courts and appeal against the illegal dismissal. The defendant, the employer, must prove that the reduction procedure is legal and carried out in compliance with existing rules. Otherwise, the employee must be reinstated.