Which employment service should I report the layoff to? Do I need to notify the employment service about staff reduction? When laying off workers, you need to follow the established algorithm

In 2016, employment centers began to more actively check and fine enterprises for failure to provide information about personnel searches. Everything is easy to check: as soon as a company advertises on a “working” website, it immediately risks coming to the attention of officials. Fine - up to 5,000 rubles. And it can be applied at least monthly.

What's happened?

The director has been persistently looking for a new financial director for a long time. And also a secretary and a cleaning lady. By the way, there are very few applicants for the latest vacancy with Moscow registration, and the authorities do not like people from other cities for ideological reasons. But it’s also not easy to find a financier, since everyone is either very expensive or lazy. At least that's what the director thinks. Well, however, the search for personnel is a sluggish and constant process, nothing special. That's what we thought.

But that was not the case - the company was unexpectedly visited by an inspection from the regional employment center, which made a claim: why is our LLC looking for personnel on all sorts of job sites, but does not submit information about open vacancies to the employment center?! Please pay a fine of 5,000 rubles for the company and 500 rubles for the director.

Are we required to submit information about vacancies to the Employment Center? Do we have nothing to do?

Exactly what they should. According to Art. 25 Federal Law of April 19, 1991 N 1032-1 “On the employment of the population of the Russian Federation” (as amended on December 22, 2014), employers are obliged to promote the implementation of the state employment policy. Therefore, enterprises with open vacancies are required to submit monthly information to the employment service authorities about the availability of vacancies. Well, at least you don’t need to stand in lines and fill out a bunch of reports. According to the law, information about vacancies can be sent by mail, courier, fax, e-mail and even by telephone (with the condition of subsequent written confirmation of this data). Of course, if a vacancy is filled, you need to notify the Employment Service about it.

Almost every company has so-called “perpetual vacancies”. When, for example, they are looking for a “sales manager” in order to improve the quality, not the quantity, of the team. What to do in this case?

In this case, you must also submit an application to the Employment Center. By the way, there is no reason why employers are so reluctant to submit their applications there. Still, not only professional unemployed people come to these centers to receive benefits, but often very professional people. And yes, you need to submit information about vacancies every month, regardless of whether a new one has opened or you are looking for a replacement for an employee who has left the company.

The exact procedure for providing information about vacancies should be indicated on the websites regional centers Employment. For example, in some regions everything is modern: information can be submitted through the portal of the local Employment Center, having previously obtained access rights there.

Would it be easier to pay the fine? By the way, what is he like?

Fines for failure to provide information about open vacancies in companies are set by regional authorities. For example, in Moscow the fine for an official will be 300-500 rubles, and for a legal entity from 3000 to 5000 rubles. At the same time, penalties may be demanded even for “untimely failure to provide” information about vacancies.

How do the Employment Centers find out about available vacancies?

Well, it's elementary. There are special people sitting there who monitor new vacancies on job sites and then look to see if this employer provided information about them? After this, a fine of 3-5 thousand rubles is easily imposed.

Here, however, one very piquant moment arises - employment centers need to prove that the vacancy they discovered was actually posted by this particular company. After all, hypothetically, these could be attackers who decided to misbehave or take revenge. Serious personnel search sites pre-check the authors of job advertisements, but not all of them do this. The most regional ad sites can do is check whether a phone number belongs to a specific account. But this will not save you from fake advertisements. And such stories are known.

Moreover, there are cases when, for example, advertisements for the sale of entire enterprises are posted on Avito.ru, but their owners, as they say, “don’t give a damn.” For what? Evil tongues say that this is effective method"knock out the receivables."

Why is there a lot of talk about the requirements of Employment Centers to report available vacancies right now? After all, these rules have existed for a long time.

Yes, it was in 2016 that Employment Centers became more active in this matter. The state wants to appear socially oriented to citizens; the authorities are pleased to please their voters. After all, not everyone is still looking for work on special sites. Many Russians are inert and turn to work only at central centers and friends.

Besides, in last years talk a lot about social rehabilitation disabled people, including, and about finding work for them. According to the officials themselves Lately employers often do not fulfill their obligations to allocate quotas for hiring people with disabilities. All this has led to the activity of employment services recently.

Well, since the order has existed for a long time, then surely there are some tricks to avoid sanctions in the form of fines or inspections?

They haven't come up with anything clever here yet. Everything is according to the rules: for example, if you knew about the upcoming inspection, then you just need to put it in order staffing table organization by removing “extra vacancies” from it. This is simply done by order of the head of the organization.

IN as a last resort, you can refer to the negligence of the secretary who posted a “non-existent” vacancy on the work website and get off with a fine of 500 rubles (imposed on the employee), and not 5000 (imposed on the organization). And the employee, of course, is then given a bonus equal to the fine.

By various reasons an economic entity sometimes has to partially or completely reduce the number of people working at the enterprise. At the same time, the legislation establishes the obligation for the employer to comply with a certain procedure for such dismissal, which includes notifying the employment service about the reduction of staff.

If the company's management and its owners have decided to reduce the number of employees or liquidate the company, they must report this to the relevant authorities. You need to notify the employment center at the location of the enterprise or its structural unit.

Regulatory acts establish that notification of the employment service about staff reductions must be made two months before the planned date of dismissal of workers if the business entity is a legal entity, and two weeks for entrepreneurs.

In this case, the number of employees of the organization being laid off is important. Indeed, in case of mass employment, a letter to the employment service must be written at least three months in advance.

Attention! To determine whether a layoff is massive, it is necessary to check the existing criteria for industries and localities based on current regulations.

This rule is in effect specifically so that this government body has time to prepare for layoffs, begins to find jobs for laid-off workers in advance and plans the amount of benefits paid to laid-off workers.

How can I notify the service?

The message to the employment service is made in writing by drawing up special form.

It can be sent to this authority in several ways:

Personally- a representative of an economic entity delivers a notice to employees of the employment center in two copies. They enter the incoming number and return one of these forms to the company representative.
By mail- the responsible person, who is entrusted with the preparation of all documentation during layoffs, can send a valuable letter to the employment center with receipt of receipt.
Electronically - this option An organization or entrepreneur can use it only if they have a qualified digital signature. In this case, you can draw up a notice, sign it and send it to the employment center.

Attention! Since the reduction in the number of employees is controlled by the state, you need to be sure that notification of this will be delivered and accepted by the employment service within the established time frame. Therefore, the most reliable way is still the personal delivery of a notification to employment service employees by a representative of the enterprise.

Download a sample employment service notice

Download in Word format.

How to write a notice to the employment service about staff reduction

There is no special general notification form for this service. Authorities in each region may develop and use their own forms that are different from other entities. The legislation defines only the details that must be contained in this document.

To compose a letter, you can use a regular standard sheet. First, the title of the document is indicated. Next, be sure to indicate the name of the company, address, telephone number and company details. If termination of contracts due to redundancy is carried out by an entrepreneur, the full name must be indicated. This is due to the fact that this information must be contained in the notification.

After this, a reference is made in narrative form to the law, in accordance with which the employment authority is notified of the reduction of personnel. In this case, it is necessary to reflect the date of the upcoming dismissal. The details of the manager’s order on the upcoming reduction are also indicated here.

Next, it is best to reflect in the form of a table the list of employees who will be laid off due to layoffs, their position (profession, specialty), education or qualification requirements requirements for them, as well as the amount of remuneration for each employee.

In some regions, the employment service may require that the notice indicate the length of service of each dismissed person, as well as the address where he lives.

The document is signed by the management of the enterprise, with a description of the position and personal data of the manager.

Attention! The date of execution of the document must be indicated. If there is a seal, its imprint must also be present on the notice.

What is the liability if you do not notify the employment service?

Dismissal due to staff reduction requires mandatory compliance with the procedure for notifying the employment center. Moreover, this must be done in established by law periods of time.

If you violate this procedure, then the economic entity is subject to administrative measures. They are expressed in the form of a warning or an administrative fine. Its size is set for enterprises in the amount of 3000 - 5000 rubles, for responsible persons at the enterprise - 300 - 500 rubles.

This measure of liability applies to a business entity even if it notified the employment service on time, but provided incomplete or distorted information about the reduction.

Attention! Even if the company does not notify the employment service about the layoff or does not do so on time or in full, such dismissal of workers cannot be considered illegal. Therefore, there will be no restoration of employees to their previous positions. More violations will be required to recognize dismissal due to layoffs as illegal.

You should not assume that the date of sending a letter or telegram about the reduction of a position to the employment center is the proper form of notification and begins the countdown of the 2-month period. Thus, as noted above, the employer is obliged to notify the employment service of the decision to reduce the number or staff of the organization’s employees and the possible termination of employment contracts with employees no later than two months before the start of termination of employment contracts with employees. That is, if the employment service receives a corresponding notification, for example, 04/04/2014, then employment contracts with employees should be terminated no earlier than 06/04/2014. Details in the materials of the Personnel System: 1.Form: To the employment center of the Southern Administrative District of the city Moscow, Warsaw department. Moscow, Varshavskoe sh., 114, building 3 from the limited liability company "Alpha" Moscow, st. Mikhalkovskaya, d.

Why is it necessary to notify the employment service about staff reduction?

Subscribe to our channel in Yandex.Zen! Subscribe to the channel Organizations must notify the central control center at least 2 months in advance, and individual entrepreneurs at least 2 weeks before the layoff. If the reduction threatens mass layoffs of employees, the notice period for any employer is increased to 3 months (minimum) before the reduction. According to Part 1 of Art. 82 of the Labor Code of the Russian Federation, when deciding on the issue of mass dismissals, one must be guided by industry agreements.
Similar agreements apply in the oil, textile industries, etc. If none of these agreements can be applied, then one should focus on the criteria established in the Regulations on the organization of work..., approved by Decree of the Government of the Russian Federation dated 02/05/1993 No. 99 (hereinafter referred to as the Regulations ). So, by virtue of paragraph.

How to notify the central manager during the staff reduction procedure?

We would like to inform you that within a two-month period you will be sent proposals for a possible transfer to another job at Alpha. In addition, we inform you that, if you wish, you can start an independent job search or contact the employment service at your place of residence. Director A.V. Lvov The notification was read: 03/03/2014 P.A.

Bespalov 2.Answer: How to draw up a notification to the employment service about a reduction in the number or staff of I.I. Shklovets The organization is obliged to notify the employment service in writing of a reduction in numbers or staff. In this case, the submitted document must indicate the position, profession, specialty and qualification requirements for the position (profession), and the terms of payment for each specific released employee.
This is stated in paragraph 2 of Article 25 of the Law of April 19, 1991 No. 1032-1.

Notification of the employment center about layoffs

Read more about interaction with the employment center here: The forms that organizations must submit to the employment service in cases of mass layoffs of employees (including when reducing numbers or staff) are approved by the Government of the Russian Federation (clauses 4 and 5 of the Regulations approved by Government Decree RF dated February 5, 1993 No. 99). These forms are given in Appendices 1 and 2 to the Decree of the Government of the Russian Federation of February 5, 1993 No. 99. At the same time, some regional and local authorities approve their forms of notifications about the release of employees. For example, in Moscow, the employment service must be notified of a reduction in numbers or staff using Form No. 1 “Information on laid-off employees.” The specified form was approved by Decree of the Moscow City Statistics Committee dated May 26, 1997 No. 4.

Terms and rules for notifying the employment service about staff reduction in the company

In this situation, the employee continues to hold the position and works for another period. The duration of work is determined by the employer.

Unforeseen increase in the number of employees. Payment of compensation is not possible, since the employee remains in his previously occupied position.
Transfer to a new position while maintaining the salary level.
Often used in government organizations.

labor legislation

We notify the employment center

Those who apply for additional staffing and qualified employees of the required specialization, specific level of skills, experience and education will be told the exact day when the required specialist will be released from the contract with the previous company. If there are no reports of a reduction that has occurred, the process will be delayed and more complicated. After receiving work book and calculation, the laid-off employee must report to the employment service to formalize and carry out other actions, which serve as the basis for issuing finances in accordance with the average earnings for the last 2 months. People who have been laid off often have a rather difficult time coping with this fact and suffer from the need to look for a new job, therefore, for those who are laid off, notification of the Central Work Center is required not only to receive finance, but to quickly find a vacancy (sometimes, even after the first contact with the Center ).

Is the employer obliged to notify the employment service when laying off workers?

What is the responsibility for failure to notify the employment service? By law, the reduction of workers must be accompanied by notification of the employment service. Moreover, the procedure is always carried out in a clearly established order and within the required time frame. If the director fails to notify workers, he faces administrative liability, which can be expressed in:

issuing a warning if the offense is minor or committed for the first time;
an administrative fine, which is imposed both on the enterprise itself (in the amount of 3,000-5,000 rubles) and on the responsible person (in the amount of 300-500 rubles).

Such sanctions may be applied to the management of the company, even if the employment service was notified of the upcoming reduction, but the form contained false or incomplete information regarding any of the points.

Which employment center should I notify about layoffs?

Attention

Thus, in addition to indicating the fact and timing of the layoff procedure at the enterprise, the following information about the laid-off employees should be included in the notice:

job title;
speciality;
profession;
qualification requirements for the current position;
information about wages.

The notification must be submitted to the employment service at the employer’s location. The places of registration and actual residence of laid-off workers do not matter. What will happen if you do not notify the Employment Center (EC) about the upcoming layoff? If the employer fails to fulfill the obligation to notify the employment service about the layoff or performs it improperly, he faces administrative liability under Art.

19.7 Code of Administrative Offenses of the Russian Federation. This is confirmed by judicial practice(see the appeal ruling of the Moscow Regional Court dated April 28, 2014 in case No. 33-7641/2014).
Distinctive feature is that it is very important to do everything on time, and you should obtain proof of delivery of the notice. For this reason the best way will be sending the employee to the Employment Center so that he gives one copy of the notice to the secretary, and on the other he receives not just a date, but also an incoming number, a signature on receipt of the Central Employment Notice. Rules for filling out the document Form In the “header” of the notification, it is important to indicate the date from which the work of the enterprise and the employee ends.

The wording sounds something like this: “In accordance with paragraph 2 of Article 25 of the Law of the Russian Federation No. 1032-1 of April 19, 1991 “On Employment...”, I inform you about the reduction of staff and numbers in accordance with Order No. 12 of CJSC Metallurgical Plant dated 25.10 .2016..." Centers should be notified 2 months in advance, and for individual entrepreneurs - 14 days in advance. If the dismissal is widespread, then the period is 3 months.
Judicial practice Collapse Show B in this case the entrepreneur did not deny the fact of failure to submit to the authorities civil service employment information about the availability of vacant jobs (positions), but referred to the absence of such an obligation in the actual absence of vacant jobs during the disputed period. Meanwhile in Krasnodar region In accordance with the Employment Law, a Regulation was developed on the provision of information by employers on the availability of vacant jobs (positions) to the state employment service. According to this Regulation, all employers are required to provide information monthly by the 28th of the current month. Submission of information after the specified period is equivalent to failure to provide information.

Which employment center should I notify about layoffs of branch employees?

Therefore, the letter is drawn up in a free style, but it must include information about the reasons for the recall (indication of the number of the order to reduce the number of personnel), as well as the grounds, that is, new order. An example of such a review might look like this: “Dear Nikita Leonidovich! By letter dated January 27, 2018, you were notified of the planned reduction in the number of the plant from February 27, 2018 on the basis of Order No. 543 dated January 26, 2018 on staff reduction. We inform you that this order was canceled by a new order dated June 1, 2017.

Based on this, we inform you that your position will not be reduced.

If an enterprise makes a decision to reduce the number or staff of employees, then how to notify the employment service about this is indicated in Part 2 of Art. 25 of Law No. 1032-1: management is obliged to send a written notice to the Central Employment Center no later than two months before the actual dismissal of employees. In case of preparation of mass layoffs – three months in advance.

The law does not provide quantitative criteria for mass participation. In a number of industries and regions, calculation formulas are written down in the Industry Agreement or agreements between regional authorities and trade union organizations and employers. If there are none, then it is recommended to build on the Decree of the Government of the Russian Federation No. 99 of 02/05/1993:

50 people or more within a month;
over 200 in two months;
more than 500 in three months;
from 1% of employees per month in regions where the population is less than 5 thousand people.

Failure to inform the employment service or failure to comply with established deadlines falls under Art. 19.7 of the Code of Administrative Offenses of the Russian Federation and entails a fine of up to 5 thousand rubles for an enterprise and up to 500 rubles for officials. Wherein violation of this particular procedure does not affect the legality of the reduction itself, and if everything else is done according to the law, does not entail.

Important! For individual entrepreneurs, the period for notifying the labor exchange has been reduced to two weeks before the actual termination of the employment relationship with the employee.

How to notify?

Notification of the upcoming staff reduction is submitted to the territorial office of the employment center according to the legal address of the employer. The “Employment Law...” does not establish a single form of the document, however, in some subjects of the Federation there are templates approved local authorities authorities.

If one exists in your region, it may be more convenient to use it, but, according to the explanation of the Federal Service for Labor and Employment dated September 26, 2016 No. 13/5624-6-1, notification can be submitted both in the prescribed form and in any form.

Often, the samples include a corner stamp with the details of the employing company, the legal basis, the number of the order for the company about layoffs, and the deadline for terminating employment contracts. By law, the following information about each employee is required:

job title;
profession, specialty and qualification requirements;
terms of remuneration.

Additionally, employment centers may ask for information about the level of education, work experience and other information about the dismissed employees.

The document, certified by the manager’s signature and seal, is transferred to the relevant Employment Center personally by a company employee, by registered mail with notification, or by e-mail if the company has a qualified electronic digital signature.

The optimal option is to submit the notification in person, as it allows you to control the deadline for receiving the document. The form is printed in two copies, one is sent to the service, the second is marked with the incoming number and the signature of the receiving official.

Important! The notice does not inform about the impending layoff itself, but about the termination of the employment relationship with each specific employee. Incorrect wording or provision of not all required information will give the opportunity to retrenched persons through the court.

Can a laid-off employee join the labor exchange?

Having been fired due to staff reduction, having received everything required documents, a citizen can join the labor exchange and receive unemployment benefits or look for work on his own. Art. 178 of the Labor Code of the Russian Federation obliges the employer to maintain average monthly earnings for the laid-off employee over the next two months (including severance pay), if he has not found new job(we talked about what other rights a person who has experienced a reduction in the number of employees or staff has).

Provided that the laid-off person registered on the stock exchange within two weeks after dismissal, but was never employed, the employment service may oblige the employer to pay for the third month of job search former employee. Therefore, it is not necessary to join the stock exchange during a layoff, but it is advisable, since this will give you the right to financial support from the employer, and then from the state.

What is necessary?

A citizen submits an application to the employment service (the form is issued by employees and filled out on the spot). You should have with you:

passport;
identification code;
insurance certificate;
employment history;
certificate of income for the last three months;
documents on education, advanced training, etc.

After receiving unemployed status, a citizen will receive job offers from the labor exchange and, after termination of payments from the former employer, unemployment benefits.

What payments are due?

If you were laid off at work, you can find out what payments are due at the labor exchange by studying the law “On Employment...”. According to it, the state pays two types of monetary support to unemployed citizens through the employment service:

Scholarships– paid during the period of retraining or advanced training courses to which the applicant was sent by the labor exchange.
Benefit– state compensation for registered unemployed for the period of job search.

In addition, Employment Centers may offer registered unemployed people participation in paid public works. At certain conditions the law allows the exchange to provide financial assistance to persons whose benefits have expired, or to unemployed people studying in the direction of the exchange.

What is the amount of unemployment benefits?

The specific amount of unemployment benefits for a laid-off worker depends on his length of service and the level of income indicated in the employer’s certificate. If an employee who was hired less than a year earlier was laid off, he will receive less than the old-timer of the enterprise.

At the same time, the Law “On Employment...” determines a gradual reduction in payments with the time spent on the stock exchange. The first three months of receiving payments from the exchange (not to be confused with the first three months after dismissal, which are paid by the former employer), the benefit can be 75% of the average wages, the next four months – 60%, the next up to a year – 45%. But not higher than the maximum benefit amount established by the Government of the Russian Federation.

For 2018, according to resolution No. 1423 of November 24. 2017, The minimum unemployment benefit is 850 rubles, the maximum is 4900 rubles.. Where regional coefficients are applied, for example, in the Far North, the benefit is increased by the corresponding coefficient.

Regardless of the reasons for dismissal and other personal factors, the amount of payments will fluctuate within the limits specified by the government, and no matter how much the old salary is higher than the established one upper limit, a redundant person will not be able to claim an amount over 4,900 rubles.

The maximum period for receiving benefits from the state is 24 months over three years. After the first year of job searching, the benefit amount becomes minimal.

Employees are considered one of the most favorable conditions for terminating an employment contract for an employee, and the least profitable option for enterprises. The imbalance of interests of the parties often leads to attempts at manipulation by the administration.

For example, forcing staff to resign due to at will in order not to bear subsequent social obligations during layoffs. At the same time, judicial practice shows that even formal violations by the employer of the layoff procedure can lead to increased costs for the courts, reinstatement of those wrongfully dismissed, and fines. Only adequate and competent behavior of both parties within the framework of current legislation will help protect the interests of the employer.

Sometimes companies and individual entrepreneurs are faced with the need to reduce staff numbers in order to reduce costs. In such cases it starts special procedure, which the employer is obliged to report not only to employees, but also to 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, carry out due payments and compensation. 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:

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.
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.
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 preemptive right stay 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 the enterprise or termination of activities 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 child) is not registered in labor relations, at the initiative of the employer is not allowed.

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.

Compiled written notice in duplicate. 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:

Hand it over personally.
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.
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. Exception - voluntary consent employee for 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 Work Center at least 2 months before the date of the intended dismissal, and individual entrepreneurs at least 2 weeks before. 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 in cases mass layoffs- minimum 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.