Who and when cannot be fired at the initiative of the employer

What is an abbreviation

There are 2 concepts - downsizing and downsizing.
In Art. 81 of the Labor Code of the Russian Federation does not spell out the differences between them. In practice, the difference is also insignificant. When staffing is reduced, the position remains on the staff list, but the number of people occupying it decreases. When staffing is reduced, the position is eliminated. The reasons for downsizing at an enterprise are:

1. Difficult economic situation in the country.
2. Merger, reorganization or accession of companies.
3. Internal optimization.

If any positions are excluded from the staffing table, a position reduction procedure is carried out. Learn more about the procedure for job reduction and employee notification.

Is it possible to fire a citizen if he agreed to a transfer?

Before completing employment, the employee must be offered vacancies available from the employer. It is important that the proposed option must satisfy the following conditions:

• correspond to the employee’s qualifications;
• when there is no suitable vacancy, then offer a lower position;
• in the absence of such options, offer a lower-paid vacancy.

It is necessary to take into account how healthy the employee is in order to be able to perform assigned duties. When there are no jobs in a particular area or city, the employer has the right to offer employment options in another area. Such a procedure must be provided for in local acts of the company or labor.

agreement with a person. In the event of a complete absence of other jobs, this information is brought to the attention of the employee in writing. An essential condition is that if the employee was not offered all possible vacancies, then he will not be subject to dismissal. When an employee agrees to the offer, he is not fired, but rather a transfer is issued.

Who does not have the right to be laid off: unlawful actions of the employer

There is a certain procedure for the employer, if violated, we can talk about illegal layoffs.

Based on the requirements of Art. 180 of the Labor Code of the Russian Federation, the employer has the obligation to notify staff of the upcoming layoff at least two months in advance. It is mandatory to notify the employee against signature.

The employee may refuse to sign the notice. In this situation, you should read this message in the presence of witnesses and record the refusal to sign on the document.

Labor law provides for another category of employees who are not subject to layoffs - employees who have transferred to alternative positions in the company. If the company has any vacant jobs, they should be offered to employees who have been laid off. At the same time, vacant positions can either correspond to the employee’s qualifications or be lower paid and inferior.

If there are no such jobs in the company, dismissal is formalized in accordance with the procedure established by law.

Who gets laid off first and why?

Interesting information

Not only specific positions, but also entire divisions, divisions, and departments may be subject to staff reductions. The employer has every right to do this. However, in both cases, during layoffs, respect for the rights of workers is mandatory, and those who are not allowed to be fired must remain at the enterprise. If entire departments are going to be cut, then employees who have “special” rights should be transferred to other departments.

Let's look at who gets laid off first at work and on what basis. The employer determines preferential rights, and a certain algorithm is provided for this:

1. Employees who are prohibited by law from being laid off are excluded from all candidates for dismissal. According to Art. 261 of the Labor Code of the Russian Federation, these include pregnant workers, mothers of children under 3 years of age, single parents with children under 14 years of age or disabled children under 18 years of age, as well as some others. It is prohibited to dismiss employees on maternity leave due to layoffs (Part 4 of Article 256 of the Labor Code of the Russian Federation and Part 6 of Article 81 of the Labor Code of the Russian Federation).
2. The remaining workers are assessed on their skill levels and productivity. The comparison is made between employees who occupy the same positions created within the same structural unit. Correctly evaluate the qualifications of two leading accountants working in the same department. It is incorrect to compare a leading specialist and a category 2 accountant - this is indicated in the appeal ruling of the Moscow City Court No. 33-27711/2015 dated 08/06/2015. Similar rules apply to the assessment of labor productivity.
3. If the comparison reveals equal levels of qualifications and labor productivity, then family circumstances and other advantages are taken into account when the employee is laid off. There is one exception. If a position is abolished or all staff positions in one position are reduced, then preferential rights are not taken into account. This is indicated in the appeal ruling of the Moscow City Court No. 33-1708 dated January 22, 2015.

The law establishes certain rules regarding the dismissal of an employee. We read about the regulations of the Labor Code on reducing the number or staff of employees.

Who and how cannot be fired during staff reduction

Author: Irina Nevinnaya

The situation on the labor market is becoming more complicated: the number of those unemployed is gradually growing, approaching one million. To reduce personnel costs and remove “extra” workers, employers use a simple technique: they announce a change in staffing levels.

A reduction in staff or number of employees is a legal reason for terminating an employment contract at the initiative of the employer, Rostrud explained to RG-Week. It is provided for in paragraph 2 of part one of Art. 81 Labor Code of the Russian Federation. If an employee falls under this “sword of Damocles,” there is, as a rule, nothing to oppose to the authorities. And yet, for some categories of workers, the Labor Code provides for increased protection measures. Which ones exactly - Rostrud experts explain.

Who should not be “redundant”?

Termination of an employment contract is not permitted:

• if the employee has a child under three years old;
• if an employee is raising a child under 14 years of age alone, and if the child has a disability, then the age increases to 18 years;
• if the employee has a large family (three or more young children), incl. a child under three years old or a disabled child, and the other parent does not work.

In addition, workers who are members of a trade union can be dismissed only with the agreement of the primary trade union organization (part two of Article 82 of the Labor Code of the Russian Federation).

Important: it is not allowed to dismiss an employee due to staff reduction during his illness or vacation.

How is the selection of employees to be laid off?

The law requires that when making redundancies, the employer retains workers with higher qualifications and higher labor productivity (part one of Article 179 of the Labor Code). In reality, of course, this does not always happen. But at least this requirement, enshrined in the Labor Code, can serve as a basis for an employee to defend his rights in court. If, of course, he can prove that he works better and with greater productivity than those who remained on staff.

If you have to choose between employees who have approximately the same professional qualities, the employer is obliged to give preference to:

• family with at least two dependents (for example, two young children or one child and a disabled spouse);
• workers - the only breadwinners in the family;
• employees with disabilities, if an occupational disease or injury that led to disability occurred at this enterprise;
• combat disabled people;
• employees sent for on-the-job training.

How does the reduction happen?

The employee is notified of dismissal two months in advance, against signature. If he agrees, the employment contract can be terminated earlier, while the employee receives additional compensation in the amount of the average salary for “unfinished” days.

Important: dismissal due to staff reduction is allowed only if it is impossible to transfer the employee with his written consent to another vacant position or work (both corresponding to the employee’s qualifications and a lower position or lower paid job), which the employee can perform taking into account his state of health . The employee must be offered all available vacancies.

What does a “redundant” employee get?

• severance pay in the amount of the average monthly salary;
• the average salary is maintained for the duration of employment, but no more than two months from the date of dismissal.

It is important to know: if an employee contacts the employment service immediately after dismissal (no more than two weeks from the date of termination of the employment contract), and they could not find a new place for him, then the average salary can be retained for another one (third) month.

How to get money for the second and third months?

The dismissed employee must present the employer with a work record book to confirm that he did not get a job, as well as a passport. To receive money for the third month, you must also submit a decision from the employment service agency.

This is important to know: Early dismissal during liquidation of an enterprise

When is the money paid?

All money due to the employee is paid to him on the day of dismissal. On the same day he is given a work book.

Important: if the employee and the employer cannot agree on the amount of payments, in the event of such a dispute, the employee is paid the undisputed part of the amount.

How to go to court if there is a conflict?

This can be done within three months from the day the employee’s rights were violated. For disputes about dismissal, the period is one month from the day the employee received the dismissal order or work book (part one of Article 392 of the Labor Code of the Russian Federation). The court may accept the statement of claim later. You just need to present documents confirming that the delay was due to a valid reason, for example, due to illness.

Judicial practice in cases of failure to notify of dismissal

Whether or not an employee will be reinstated to his position if he presumably was not notified of the impending dismissal depends on the specific circumstances.

In practice, there are often cases when an employee asks to be reinstated at work, citing the fact that the employer did not notify him of his impending dismissal. The case materials reflect that the employee refused to sign the notice presented to him, but the personnel officer reads the notice out loud to the employee, about which a note is made on the document. The courts, having received evidence of proper notification, refuse reinstatement (see the appeal ruling of the Supreme Court of the Republic of Bashkortostan dated 10/05/2016 in case No. 33-19651/2016, the appeal ruling of the Moscow Regional Court dated 06/01/2016 in case No. 33-13162/2016, etc. .).

On the contrary, if the case materials confirm that the notice was not sent to the employee, the court, as a rule, reinstates him at work. For example, in the resolution of the FAS ZSO dated April 12, 2011 in case No. A70-9086/2010, it is noted that, since the procedure for notifying the employee was not followed, the fixed-term employment contract has lost its urgent nature and by virtue of Art. 58 of the Labor Code becomes an agreement concluded for an indefinite period.

INTERESTING! The appeal ruling of the Krasnoyarsk Regional Court dated August 17, 2016 in case No. 33-11098/2016 notes that the employer’s failure to send a notice to the employee about the termination of a fixed-term employment contract cannot be regarded as an intention to continue the employment relationship, i.e., to make the employment contract indefinite.

What are preemptive rights and who has them?

Given equal levels of qualifications and labor productivity of employees, preference is given to those who have advantages in the reduction of staff. According to Art. 179 of the Labor Code of the Russian Federation, the following categories of workers can apply for job retention:

• family people who have two or more dependents (minor children, other disabled family members who are fully supported by the employee or regularly receive assistance from him, representing their permanent and main source of livelihood);
• the only “breadwinners” in the family are employees whose families do not have other people with a regular income;
• employees with injuries and occupational diseases received while working in this organization;
• employees who are currently improving their qualifications in the direction of the employer.

If you were illegally fired due to layoffs, you need to contact several authorities. First, send a written application to the organization's trade union. The union must consider the complaint within a week. This case may also be considered by the Federal Labor Inspectorate and the prosecutor's office. If the trade union and the labor inspectorate do not reveal any violations, then a lawsuit must be filed.

In addition to the categories of employees listed in the Labor Code, certain other persons also have benefits during layoffs in accordance with federal laws:

• military spouses;
• military personnel transferred to the reserve;
• authors of inventions;
• disabled people of the Second World War and combat operations;
• persons affected by radiation;
• and some others.

Preferential rights to remain at work may also be provided for by internal collective agreements in the company.

About dismissal due to staff reduction and the required payments here.

Prohibition of dismissal due to reduction and preferential right to stay: what is the difference

The Labor Code of the Russian Federation defines which categories of persons cannot be dismissed due to staff reduction. The persons listed in it cannot be laid off (except in the case of complete liquidation of the enterprise).

The Labor Code also operates with the concept of preferential right in case of layoffs (Article 179). This means that if an employee’s work does not cause any complaints from management, he will be the last to be laid off.

If an employee falls into one of the categories of people who cannot be fired due to redundancy, then the job will remain with him. If he has a preferential right, this does not guarantee him the opportunity to work in the organization in the future.

Official misconduct

The Labor Code gives a clear answer to the question: can someone be fired without reason? This is only possible if the desire to terminate the employment agreement comes from the employee. The employer has the right to initiate dismissal if there are objective grounds:

• the employee is regularly late for work shifts;
• there was absenteeism;
• the employee began performing his official duties while intoxicated;
• the fact of theft of the employer's assets was revealed;
• waste of monetary resources was recorded;
• can they be fired from work - they can if the official’s guilt is proven in deliberate damage to material assets belonging to the enterprise;
• an employee who had access to confidential information about the company's activities or developments transferred secret data to third parties.

For any of the listed offenses, the management of the enterprise must initiate an inspection and draw up a report. Can I be fired from my job without documentary evidence of guilt in an offense? No, therefore the employer’s task is to search and collect such evidence.

Let us note that the guilty person must be familiarized with the texts of the drawn up acts.

If you have a child under 3 years of age

You cannot terminate a contract with the mother of a child who is not yet three years old (Article 261 of the Labor Code of the Russian Federation).

During what period you cannot be fired: until the child turns 3 years old.

There are many exceptions to this case. You can be fired if:

• the company is liquidated;
• you have disciplinary sanctions;
• you skipped work, showed up at the office while intoxicated, violated commercial or official secrets, or committed theft at work;
• you provided false documents when applying for a job;
• you have access to money and valuable property, but have lost trust;
• you perform an educational function (you work as an educator, teacher, coach, speech therapist), but you committed an immoral act.

How employees are compared

Some facts

Upon termination of an employment contract due to the liquidation of an enterprise, or a reduction in the number or staff of a company's employees, the dismissed employee must be paid severance pay in accordance with the average monthly salary. For a dismissed employee, the average monthly salary is recorded for the duration of the job search for 2 months from the date of dismissal.

The law does not describe specific requirements for the procedure for identifying the preferential rights of employees. Practice shows that courts place more trust in the decisions of commissions when recording the results in writing. Here are the main nuances that should be taken into account when comparing candidates for reduction:

1. It is recommended that the commission include heads of departments where staff reductions are planned, as well as members of the trade union organization and specialists from other structural divisions (lawyers, personnel officers, those responsible for quality control, etc.).
2. An order should be issued to organize the commission, defining the competence of each of its members. Personnel officers may be responsible for providing information about penalties and incentives imposed. Department heads should be entrusted with the generation of work reports, compilation of characteristics, etc.
3. It is advisable to draw up summary tables that reflect the results of comparing the qualifications and labor productivity of workers according to a number of criteria.
4. The commission's findings should be recorded in the official minutes of the meetings.
5. The commission must make its conclusions based on the results of comparing the labor productivity of each employee, taking into account the entire set of criteria. The decision that one employee has higher qualifications because the second has less experience is considered illegal by the court.
6. If candidates for layoff are registered in a trade union and regularly pay membership dues, the employer is obliged to take into account the opinion of this organization on the advisability of dismissing a particular employee. This is the requirement of Part 2 of Art. 82 Labor Code of the Russian Federation.

Watch a video that will tell you about the categories of workers who are prohibited from being laid off

Who doesn't get fired

Let us immediately note that there are two categories of citizens that should be considered separately when optimizing the staff. Some cannot be fired under any circumstances, while others have benefits, but it is still possible to remove them from their positions. The preferential right to retain a person's job in the event of redundancy implies that there is a greater chance of not losing one's job. Of course, such people primarily include employees with the highest qualifications, long-term work experience and an important position in the organization. Such people are useful for the company, so it is not profitable for the boss to fire them. Therefore, it is extremely rare to think about reducing these individuals.

Also, when reducing the number or staff of employees, priority rights may be for social reasons:

1. People who support two or more dependents. That is, there are at least two minors, elderly or disabled people in the family.
2. Citizens who are the sole breadwinners in their family. Therefore, if there is no other income, then the person is not subject to dismissal.
3. Individuals who were injured while performing work duties or received an occupational disease.
4. Disabled combatants.
5. People who take advanced training courses by decision of the director of the company.

If you are wondering how to avoid getting laid off, then you should fall into one of the above categories. But, as you can understand, doing this intentionally is not so easy. However, if a person is already in one of these categories, then the law under the Labor Code of the Russian Federation forces the authorities to consider the issue of laying off a citizen in a special manner. It will be extremely difficult to remove him from his position.

Also, do not forget that there are people who cannot be fired due to staff reduction. Therefore, when the number of employees decreases, they have “immunity”, and management has to look for another employee who does not fall into one of these categories. Because the order does not allow people with “immunity” to be removed from office.

This is important to know: Reduction of staff during liquidation of an organization

In 2020, a person belonging to one of the following categories will not be laid off:

1. Women whose child is not yet three years old.
2. Girls who are on sick leave due to pregnancy and childbirth or on maternity leave.
3. Single mothers with at least one child under 14 years of age. This fact must be documented.
4. Any person who is raising a child without a mother. Again, the child must be under 14 years old.
5. A parent or guardian who is raising a disabled child. In this case, he must be under 18 years old, and then they will not think about reducing the breadwinner.
6. People on annual leave or sick leave. This also includes those citizens who took vacation at their own expense. However, these individuals can be fired as soon as they return to work.
7. Minors. The law says that they are fired only if permission is received from the labor protection inspectorate.
8. Individuals who are members of a trade union and can negotiate and collectively dispute. Union leaders cannot be laid off, even if they have left office within the last two years.
9. Pregnant women. There can be talk about their reduction only if the organization is liquidated.

It should now be clear who has an advantage over others when downsizing. As you can understand, immunity is associated with the fact that a family will lose its breadwinner and, quite possibly, its only one. Consequently, the employer condemns people to beggary, because many companies refuse to employ most of the above categories. And, even if you manage to find a new job, it may take a lot of time, which will also undermine your financial condition.

Separately, we note that the pre-emptive right when reducing staff cannot always save a person from dismissal. Because under certain circumstances, job loss is possible. The rules are contained in the Labor Code, and it can be generally said that a compelling reason will be required for removal from office. For example, a pregnant woman will violate the law, for example, begin to falsify documents, and will not show up at work without reason or warning. In this case, you can still reduce it, even regardless of the presence of immunity.

Position mismatch

This reason is rarely indicated by employers when describing the reasons for terminating an employment contract. Is it possible to fire someone on this basis? Yes, labor legislation provides such a basis for terminating a contract, but for this it is necessary to prove that the employee cannot cope with the tasks assigned to him.

For this purpose, the head of the company, by his order, forms a certification commission, which tests the knowledge and skills of the official.

The commission's findings cannot serve as an independent basis for termination of the contract. After receiving the certification results, the employer is obliged to discuss them with the employee and offer him a transfer to another position with less stringent requirements. Is it possible to fire someone for failure to meet a sales plan, citing the employee’s inability to perform job duties? Such arguments of the employer may be declared unfounded in court, and the employee will be reinstated.

Preferences for downsizing

There are categories of employees to whom the legislator provides certain preferences upon dismissal. According to Art. 179 of the Labor Code of the Russian Federation, workers with a high level of professional knowledge and skills, as well as with the highest indicators of labor productivity, are more likely to retain their jobs.

With the same professional qualities, preference is given to employees:

• having two or more dependents;
• being the sole breadwinner in the family;
• those who have been injured, disabled or have an occupational disease while working for the employer who has initiated the layoff procedure;
• disabled people of the Second World War and other military operations aimed at protecting the Fatherland;
• improving their professional level at the expense of the employer without interrupting their work.

The collective agreement and other local regulations may define other, additional categories of workers who can hope that the reduction will not affect them. If you are included in at least one of the listed categories, you will not be able to be laid off until the employment contracts with the remaining employees who do not have preferences are terminated. Failure to comply with this rule is a direct violation of labor laws - the employer may be punished for this, for example, a fine.

List of persons who cannot be dismissed due to reduction

The list of those who cannot be laid off by law includes the following categories of workers:

• temporarily disabled persons;
• employees on leave (including student leave and unpaid leave);
• mothers of small children under 3 years of age;
• women and men raising alone a child under 14 years of age or a minor child with a disability;
• members of the trade union organization.

Those who cannot be laid off from work also include pregnant employees and women on maternity leave. If an employee from the “untouchable” category is nevertheless fired due to staff reduction, he will be reinstated at work automatically by court decision.

We are ready to answer any questions you may have - ask them in the comments

Results

In conditions of a company's financial crisis, when optimizing activities or modernizing production, downsizing becomes an inevitable process. However, it is not so easy for an employer to part with certain categories of employees. The law provides for restrictions and a ban on severing employment relationships with persons classified as an unprotected social category of citizens. It is important for the employer to have information about who cannot be laid off, which will help avoid litigation and unexpected financial costs.

Regulatory acts also establish a reduction procedure, which determines the algorithm of the employer’s actions and the preferential privileges of employees in maintaining their jobs. Employees often do not have information about the availability of certain benefits and privileges, so after being notified of an upcoming layoff, they need to familiarize themselves with their rights and decide whether they want to take advantage of them, or whether the best solution is to look for a new job.

Persons who have a preferential right to remain at work

At the next stage of selection, the qualification level of employees plays a decisive role. Those who are professional have an advantage.

But there are cases when the professional characteristics of employees are at the same level.

Among equally qualified workers, preference is given to:

• family people who have a larger number of people in their care than other employees;
• persons who provide for their family alone;
• those who were injured while working for the employer conducting the layoff; persons who received injuries that caused their disability during participation in hostilities;
• those who, on behalf of the employer, undergo additional on-the-job training.

In addition to these persons, you cannot fire those who are on vacation or sick leave, but this is only before they return to work. Then they have the same chance of being laid off as everyone else. In addition, absence from work does not prevent notification of the upcoming layoff, for example, by mail.

Is it salary escrow? The answer to this question is in our informative article. Find out more about the period for paying maternity benefits in our detailed article.

You will find out how much pension a former civil servant can expect here!

Alternative

An alternative to dismissing employees due to layoffs is termination of employment relationships by agreement of the parties. This is, first of all, beneficial for the employer, since he is exempt from paying additional compensation and severance pay, the likelihood of appealing the procedure in court is minimized, and there is no need to notify the trade union or employment service. In addition, the list of those who cannot be dismissed due to staff reduction does not apply to this procedure.

Often employers force their employees to resign of their own free will. Thus, the employee also loses severance pay and compensation that he is entitled to upon layoff.

Exceptional cases

Articles 81 and 178 of the Labor Code of the Russian Federation state that upon dismissal due to reduction, the organization is obliged to retain the average monthly salary for this employee, but for no more than two months from the date of termination of the employment contract.

These are situations where a laid-off employee applied to the employment authorities within two weeks, but was not employed by them for two months. The decision whether a case is exceptional is made by the employment service. Based on this document, the organization continues payments.

This is important to know: Sheet of conversation with a serviceman upon dismissal

About compensation

An employee who is dismissed at the initiative of the employer must be paid compensation, regardless of the reason for the dismissal:

1. First of all, the employer must pay wages for the month in which the employee was fired; the amount depends on the number of days worked.
2. If the employee was not on vacation, then he must be paid compensation for it, since tax was calculated monthly from the amount of his salary.
3. Severance pay must also be paid.

Who by law cannot be fired from work?

In light of the downturn in the economy, employers can understand that they are trying with all their might to save their business, even by cutting staff. But not every employee can be fired at the initiative of the employer. Both employers and employees need to know about these categories. Pregnant women Restrictions on the dismissal of pregnant women are expressly provided for in the legislation. Although in such situations the moral factor also plays a huge role, because a woman bearing life can count on the most careful attitude towards her. But verbal assurance of pregnancy will not be enough; the woman must independently take care of confirming her status by contacting a medical institution. Today, there is no form for such a certificate, so any medical institution where a woman is registered has the right to draw it up in free form. The main thing is that it contains the patient’s personal data, position, full name, signature of the official and seal of the institution that issued the confirmation. Later, already at 28-30 weeks of pregnancy, the woman’s condition is confirmed by a certificate of incapacity for work, which is drawn up in the prescribed form. At the same time, the law does not provide a woman with an obligation to report her situation, but in case of impending dismissal, a document will be required. Employers protect themselves in such a case by specifying that if an employee can provide a document confirming her pregnancy, she will not be fired. Single mother This category of persons also has a preferential right to remain at work. The minimum package of documents confirming her status includes the child’s birth certificate, with a dash in the “father” column or the entry “According to the mother.” After all, at the legislative level there is no term single mother. A woman who has a husband who is the father of a child, but the couple is divorced, does not fall into this category. If the father takes part in the maintenance of the child and is not deprived of parental rights, then the woman is deprived of this right. Dependents A dependent is a disabled person who is fully supported by one or more family members. The dependent status can be short-term, for example, one of the spouses does not work and is fully supported by the other; he will have this status until he is employed. The following persons fall into this category: • married couples with two or more children under 18 years of age; • employees whose family no longer has employees; • persons who were injured at work or suffered from an occupational disease; • disabled people of the Great Patriotic War, military operations; • employees who simultaneously work and improve their skills. Single father The status of a single father is also not specified in the current legislation, but there are clarifications on this topic from the Supreme Court. The resolution stipulates the following cases when the father receives this status: • if the baby's mother died or was declared missing by the court; • if the mother is deprived of parental rights; • restriction in the parental rights of the mother also gives the father this status; • if the woman is declared legally incompetent or is serving a sentence in prison; • if the woman’s health does not allow her to care for the child. A woman’s evasion of her child care responsibilities is also grounds for recognizing the status of a single father. Other categories You cannot fire employees who have not yet reached the age of majority. You cannot fire staff who are sick; this can only be done in the event of complete liquidation of the enterprise. Also, if there is a layoff, highly qualified specialists will be considered last as candidates for dismissal. The category of “immunity” includes: • employees who have received a patent for an invention; • workers – participants in the liquidation of the consequences of the Chernobyl nuclear power plant; • military personnel, but most likely they will be able to prove their preferential rights in court. Therefore, the prevailing judicial practice “tells” employers to approach the dismissal of such persons as carefully as possible. The employer has the right to stipulate a wider range of persons who are not subject to dismissal at the initiative of the administration in the collective agreement. What to do if you need to fire an employee with “immunity” There are situations when it is necessary to fire a person, but he does not fall into the category of persons who can be fired without problems. In this case, the employer can only negotiate. But, the main thing is that the actions of the enterprise administration should not be seen as pressure on a person, especially one that he can prove in court and, as a result, will be reinstated at work. It is best to try to get such an employee to agree to write a statement of his own free will or by agreement of the parties.

Publication date: 2018-09-28

Tags: Employment centers (labor exchanges)

Employer's liability

Employers are liable if they violate the rules of the procedure for dismissing employees when reducing the number of staff. If payment deadlines are violated, in accordance with Article 236 of the labor law, the employer is obliged to reimburse, in addition to the entire amount of money due to the employee, interest amounting to at least one three hundredth of the refinancing rate of the Central Bank of Russia for each day of delay.

The same sanctions apply to employers in case of delay in payment of wages. If the employer does not fulfill the obligation to provide dismissed employees with vacant positions at the enterprise, this threatens him with a fine of 5-50 times the minimum wage in accordance with Article 5.27 of the Administrative Code.