Which employment service to report the reduction. Do I need to notify the employment service about the reduction in staff? Reducing workers, you need to follow the established algorithm

Employment centers in 2016 began to actively check and fine enterprises for failure to provide information on the search for personnel. Everything is easy to check: as soon as a company advertises on a “working” site, it immediately runs the risk of falling into the field of attention of officials. Fine - up to 5000 rubles. And it can be imposed at least monthly.

What happened?

The director has been looking for a new financial director for a long time and persistently. As well as a secretary and a cleaning lady. By the way, there are very few applicants with a Moscow residence permit for the last vacancy, and for ideological reasons the authorities do not like non-residents. But it’s not easy to find a financier either, since everyone is either very expensive or quitters. At least that's what the director thinks. Well, however, the search for personnel is a sluggish and constant process, nothing special. So we thought.

But it wasn’t there - an inspection from the regional employment center unexpectedly came to the company, 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 obliged to submit information about vacancies to the Employment Center? Do we have nothing to do?

Exactly what they should. According to Art. 25 of the Federal Law of April 19, 1991 N 1032-1 "On 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 about the availability of vacancies. Well, at least, for this you do not 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 phone (subject to subsequent written confirmation of these data). Of course, if the vacancy is closed, then you need to notify the Employment Service about this.

Almost every company has so-called "perpetual vacancies". When, for example, they are looking for a "sales manager" to improve the quality, not the quantity of the team. How to be in that case?

In this case, it is also necessary to submit an application to the Employment Center. By the way, employers in vain are so reluctant to submit their applications there. Still, far from only professional unemployed come to these centers for the sake of receiving benefits, but often and very professional people. And yes, you need to submit information about vacancies every month, regardless of whether you have opened a new one or you are looking for a replacement for an employee who left the company.

The exact procedure for providing information about vacancies should be indicated on the sites 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.

Is it easier to pay the fine? By the way, what is he?

Penalties for failure to provide information about open vacancies in companies are set by regional authorities. For example, in Moscow, a fine for an official will be 300-500 rubles, and for a legal entity from 3,000 to 5,000 rubles. At the same time, penalties may be required even for “untimely failure to provide” information about vacancies.

And how do the Employment Centers find out about vacancies?

Well, it's elementary. Special people sit there who track new vacancies on job sites and then look - did this employer give information about them? After that, a fine of 3-5 thousand rubles is easily set.

Here, however, one very piquant moment arises - employment centers need to prove that the vacancy they have discovered is indeed posted by this particular company. After all, hypothetically, it could be intruders who decided to misbehave or take revenge in this way. Serious recruiting sites pre-check the authors of job advertisements, but not all of them do this. Regional ad sites, the maximum that they can do is to check if the phone number belongs to a specific account. But this will not save you from fake ads. And such stories are known.

Moreover, there are cases when, for example, on Avito.ru they place advertisements for the sale of entire enterprises, but at the same time their owners, as they say, are “not in good spirits.” What for? Evil tongues say it effective method"to extort the receivable".

Why is there a lot of talk about the requirements of Employment Centers to report vacancies right now? After all, these rules have been around 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 apply for work only to the Central Hall and to acquaintances.

Besides, in last years talk a lot about social rehabilitation disabled people, including about finding work for them. According to officials in recent times Employers often fail to fulfill their obligation to allocate quotas for the employment of persons with disabilities. All this has led to the activity of employment services in recent times.

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 checks?

So far, nothing tricky has come up with. Everything is according to the rules: for example, if you knew about the upcoming check, then you just need to put it in order staffing organizations, removing “extra vacancies” from it. This is simply done by order of the head of the organization.

AT last resort, you can refer to the negligence of the secretary, who posted a “non-existent” vacancy on the work site 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, then write out 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 obligatory observance by the employer of a certain procedure for such dismissal, which includes notification of the employment service about the reduction in staff.

If the management of the company 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 by the location of the enterprise or its structural unit.

Regulations establish that the notification of the employment service about the reduction in staff should be made two months before the scheduled date of dismissal of employees, if the business entity is a legal entity, and two weeks for entrepreneurs.

In this case, the number of reduced employees of the organization matters. After all, with a mass, a letter to the employment service must be written at least three months in advance.

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

This rule is specifically designed to ensure that this authority has time to prepare for layoffs, to start looking for places for laid-off workers in advance and to plan the amount of benefits paid to laid-off workers.

How can I notify the service?

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

It can be sent to this body in several ways:

Personally- a representative of an economic entity shall give a notification to the employees of the employment center in two copies. They put the incoming number, and return one of these forms to the representative of the company.
By mail- the responsible person, who is entrusted with the preparation of all documentation during the reduction, can send a valuable letter to the employment center with receipt of a notification of receipt.
electronically - this option an organization or an entrepreneur can only use if they have a qualified EDS. 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 the notice of this will be delivered and accepted by the employment service on time. Therefore, the most reliable way is still the personal delivery by the representative of the enterprise of the notification to the employees of the employment service.

Download Sample Employment Service Notice

Download in Word format.

How to write a notice to the employment service about layoffs

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

To compose a letter, you can use the usual standard sheet. The name of the document is given first. Next, be sure to specify the name of the company, address, phone number and details of the company. If the termination of contracts for reduction is carried out by the entrepreneur, full names are indicated. This is due to the fact that this information must be contained in the notification.

After that, in narrative form, reference is made to the law, in accordance with which the employment agency is notified of the reduction in staff. In this case, it is necessary to reflect the date of the upcoming dismissal. It also indicates the details of the order of the head of the upcoming reduction.

Further, in the form of a table, it is best to reflect by name the list of employees who will be dismissed by reduction, their position (profession, specialty), education or qualification requirements presented to them, as well as the amount of remuneration of each employee.

In some regions, the employment service may require the notification to indicate the length of service of each dismissed person, as well as the address at which he lives.

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

Attention! The date of issue of the document is required. If there is a seal, its imprint must also be present on the notification.

What is the responsibility if you do not notify the employment service

Dismissal due to redundancy requires mandatory compliance with the procedure for notifying the employment center. And this must be done in statutory periods of time.

If violate this procedure, then the economic entity is subject to measures of administrative influence. 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 responsibility applies to an economic 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 of the reduction or does not do it on time, not in full, such dismissal of employees cannot be considered illegal. Therefore, the restoration of employees in their former places will not be. It will take more violations to make layoffs illegal.

You should not count on the fact that the date of sending a letter or telegram about the reduction of the position to the employment center is the proper form of notification and starts 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 notification, for example, on April 4, 2014, then employment contracts with employees should be terminated no earlier than June 4, 2014. Details in the materials of the Personnel System: 1. Form: To the employment center of the South Administrative District Moscow, department "Warsaw" Moscow, Varshavskoye sh., 114, building 3 from Alfa Limited Liability Company Moscow, st. Mikhalkovskaya, d.

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

Subscribe to our channel in Yandex.Zen! Subscribing to the channel Organizations must notify the EPC at least 2 months in advance, and individual entrepreneurs - at least 2 weeks before the reduction. If the layoff threatens mass layoffs of employees, the notice period for any employer is increased to 3 months (minimum) before the layoff. According to Part 1 of Art. 82 of the Labor Code of the Russian Federation, when deciding on the mass layoffs, one should be guided by industry agreements.
Similar agreements are in force in the oil, textile industry, etc. If none of these agreements can be applied, then one should be guided by the criteria established in the Regulations on the organization of work ..., approved by Decree of the Government of the Russian Federation of 05.02.1993 No. 99 (hereinafter - Regulation ). So, by virtue of s.

How to notify the tsn during the downsizing procedure?

We would like to inform you that within a two-month period you will be sent offers for a possible transfer to another job at Alfa. 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 Acquainted with the notification: 03.03.2014 P.A.

Bespalov 2. Answer: How to draw up a notice 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 about the reduction in the number or staff. At the same time, in the submitted document it is necessary to indicate the position, profession, specialty and qualification requirements for the position (profession), the terms of remuneration for each specific employee to be made redundant.
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 the reduction

Read more about interaction with the employment center here: The forms that organizations must submit to the employment service in cases of mass dismissal of employees (including when reducing the number or staff) are approved by the Government of the Russian Federation (paragraphs 4 and 5 of the Regulation approved by the Government Decree RF dated February 5, 1993 No. 99). These forms are given in appendices 1 and 2 to 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 own forms of notification of the release of employees. For example, in Moscow, it is necessary to notify the employment service of a reduction in the number or staff in the form No. 1 "Information on the laid off workers." The specified form was approved by the resolution of the Moscow City Statistics Committee dated May 26, 1997 No. 4.

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

In this situation, the employee continues to hold the position and works for some more period. Working hours are determined by the employer.

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

labor law

Notifying the job center

Those who apply for re-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 former company. If there are no reports of a reduction that has occurred, then the process will be delayed and complicated. After receiving work book and calculation, the reduced employee must appear at the employment service for registration and other actions, which serve as the basis for the issuance of finance in accordance with the average earnings for the last 2 months. People who have been made redundant often experience this fact quite difficultly, suffer from the need to look for a new place, therefore, for those who are laid off, notification of the Central Office is required not only to receive finance, but to search for a job faster (sometimes even after the first contact with the Center ).

Is an employer required to notify the employment service when layoffs are made?

What is the responsibility for not notifying the employment service By law, the reduction of workers must be accompanied by a notification of the employment service. Moreover, the procedure is always carried out in a clearly established manner and at the right time. If the director fails to notify the 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 can 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 items.

Which employment center to notify about the reduction

Attention

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

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

The notice must be submitted to the employment service at the employer's location. Places of registration and actual residence of laid-off workers do not matter. What will happen if you do not notify the Employment Center (CZN) of the upcoming reduction

19.7 of the Code of Administrative Offenses of the Russian Federation. This is confirmed and judicial practice(see the appeal ruling of the Moscow Regional Court dated April 28, 2014 in case No. 33-7641/2014).
Distinctive feature that it is very important to do everything on time, and you should get proof of delivery of the notice. For this reason the best way will be sending the employee to the Employment Center, so that he hands over one copy of the notification to the secretary, and on the other he receives not only the date, but also the incoming number, the signature on receipt of the notification by the Central Office. Rules for filling out the document Form In the "header" of the notification, it is important to put down 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 in staff and headcount in accordance with Order No. 12 for CJSC Metallurgical Plant dated October 25 .2016…” Centers should be notified 2 months in advance, and for individual entrepreneurs – 14 days in advance. If the dismissal is massive, then the term is 3 months.
Judicial practice Collapse Show B this case the entrepreneur did not deny the fact of non-representation to the authorities public service employment of information on the availability of vacancies (positions), however, he referred to the absence of such an obligation in the actual absence of vacancies in the disputed period. Meanwhile in Krasnodar Territory In accordance with the Law on Employment, a Regulation was developed on the provision by employers of information on the availability of vacancies (positions) to the bodies of the state employment service. According to the said Regulation, all employers are required to provide information on a monthly basis by the 28th day of the current month. Submission of information after the expiration of the specified period is equated to failure to provide information.

Which employment center to notify about the reduction of employees of the branch

Therefore, the letter is drawn up in a free style, but it should contain information about the reasons for the recall (indication of the number of the order to reduce the number), as well as the grounds, that is, new order. An example of such a review might look like this: “Dear Nikita Leonidovich! By a 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 of January 26, 2018 on staff reduction. We inform you that given order was canceled by a new order dated 1.06.17.

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

If the enterprise decides to reduce the number or staff of employees, then how to notify the employment service is indicated in Part 2 of Art. 25 of law No. 1032-1: management is obliged to send a written notice to the Employment Center no later than two months before the day of the actual dismissal of employees. In the case of preparing a mass reduction - three months in advance.

The law does not provide quantitative criteria for mass character. In a number of industries and regions, calculation formulas are written 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 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 non-compliance with the 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 legitimacy of the reduction itself, and if everything else is produced 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 labor relations with an employee.

How to notify?

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

If this exists in your region, it may be more convenient to use it, but, according to the clarification 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 an arbitrary.

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

job title;
profession, specialty and qualification requirements;
wage conditions.

Additionally, Employment Centers may ask for information on the level of education, seniority and other information about the released employees.

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

The best 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 transferred to the service, the second is the incoming number and the signature of the receiving official.

Important! The notification informs not about the upcoming reduction itself, but about the termination of labor relations with each specific employee. Incorrect wording or provision of not all the required information will enable the reduced persons to go through the court.

Can a laid-off employee join the labor exchange?

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

Provided that the reduced one registered on the stock exchange within two weeks after the dismissal, but was never employed, the employment service may oblige the employer to pay the third month of the job search former employee. Therefore, it is not necessary to enter the stock exchange during the reduction, but it is desirable, as this will give you the right to financial support from the employer, and then from the state.

What is necessary?

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

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

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

What payments are due?

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

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

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

What is the amount of unemployment benefit?

The specific amount of unemployment benefits for the reduced depends on his length of service and the income level indicated in the employer's certificate. If an employee who was hired less than a year before 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 decrease 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 the dismissal, which are paid by the former employer), the allowance 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 allowance established by the Government of the Russian Federation.

For 2018, according to Decree No. 1423 dated 11.24. 2017 , the minimum unemployment benefit is 850 rubles, the maximum is 4900 rubles. Where regional coefficients apply, such as in the Far North, the allowance is increased by the appropriate 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 upper bound, the shortened one will not be able to claim an amount over 4900 rubles.

The maximum period for receiving benefits from the state is 24 months within three years. After the first year of looking for a job, the amount of the benefit 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 manipulation attempts by the administration.

For example, forcing employees to leave due to own will in order not to incur subsequent social obligations during the reduction. At the same time, judicial practice shows that even formal violations by the employer of the reduction procedure can lead to an increase in the costs of courts, the restoration of wrongfully dismissed and fines. Only adequate and competent behavior of both parties within the framework of the current legislation will help protect the interests of the employer.

Sometimes companies and individual entrepreneurs are faced with the need to reduce the number of staff in order to reduce costs. In such cases, start special procedure, which the employer is obliged to report not only to employees, but also to the employment center and the trade union. Consider how many days in advance they must notify about the reduction and how this is documented.

What is an abbreviation

If certain positions are excluded from the staff list, a position reduction procedure is initiated. Notification of the employee necessarily occurs when the enterprise is liquidated, the company or individual entrepreneur is terminated, there are employees with higher qualifications or labor productivity (with documentary evidence).

The reduction in the number of employees is carried out only when the position is liquidated.

The procedure is regulated by Art. 180 of the Labor Code of the Russian Federation. The employer is obliged to issue an order and approve the new staffing table. He must also notify the employment center and the trade union against signature of the persons subject to reduction, carry out the dismissal procedure, carry out due payments and compensation. When reducing the number of staff, employees are provided with information on vacancies available in the organization that correspond to their qualifications, experience, health status, etc.

Whom the employer must notify when laying off staff

The employer is obliged to notify of the planned reduction:

Employees who are scheduled to be laid off. The employer is obliged to take into account the preferential rights of employees. People whose families do not have other sources of income, those who have developed occupational diseases and temporary disability, disabled veterans of the Second World War, pregnant women, mothers of children under 3 years of age and some others must be left at work.
Employment Center. The employer must not only notify the employment service of the reduction in staff, but also make sure that the document is marked with a TsNZ mark. Otherwise, the dismissal will be illegal.
Trade union (if any). If this organization has objections to the dismissal of the employees in question, the employer will be obliged to take them into account.

Additional Information

There are employees who cannot be fired under the 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 an 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 (another legal representative of the child) who is considered the sole breadwinner of a disabled child under the age of 18 or the sole breadwinner of a child under the age of 3 in a family with 3 or more young children in care if the other parent (other legal representative child) is not issued in labor relations, at the initiative of the employer is not allowed.

Until the moment of final payment, it is possible to withdraw the notice of reduction at the discretion of the employer. It is drawn up in writing and given to the employee for review against signature. If after that the person refuses to continue working in the company, a dismissal will be issued at his own request or by written agreement with the employer.

Employee notice

The management of the company is obliged to inform the employee about the upcoming reduction at least 2 months before the date of the planned dismissal. The law does not provide for a unified form of notification of redundancy, so organizations can choose from two options. The first way is to compose a document with a free form, manually or on a computer. The second is to develop your own template, but it needs to be registered in the accounting documentation.

Compiled written notice in duplicate. Each of them is signed by the head and given to the employee for review against signature. One copy remains in the hands of the employee, the other is registered in the register of internal documents, and then sent to the archive for storage. The document is written on behalf of the director of the organization, but other specialists can also fill out a sample notice of a decrease in the number of employees: a lawyer, a secretary, an employee of the personnel department.

The notification must contain the following required data:

Business name;
date of preparation of the document;
the date of the proposed reduction;
the reason for the reduction;
link to the order;
a list of vacancies in the organization that suit the employee.

There are several ways to send a notification to an employee:

Hand 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 receipt of the paper.
Read the document aloud. Be sure 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 the document, then in the presence of two witnesses, the head draws up an act in which the refusal is recorded. It is attached to other documents in the employee's personal file.

The employer is not entitled to terminate the contract with the employee earlier than 2 months after the notification was sent. 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 becomes invalid. This happens when the employer does not have enough funds to make all the required payments and compensation. Then the person continues to work in the organization.

Labor legislation does not indicate a specific form of such a notice, but it is necessary to prescribe the date of possible dismissal and indicate the list of offered vacancies with the designation of their monthly salaries.

Job Center Notification

In Art. 25 of Law No. 1032-1 of 1904.1991 “On Employment of the Population ...” states that the employer is obliged to inform the employment center of 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 center at least 2 months before the date of the planned dismissal, and individual entrepreneurs - at least 2 weeks in advance. With mass layoffs, the notice period for all employers is extended to 3 months.

A single form of notification to the employment center about the reduction has not been introduced, so the employer has the right to write it in any form. This is also reflected in the letter of Rostrud dated September 26, 2016 No. ТЗ / 5624-6-1 “On the notification form ...”. The fundamental condition is that the document must indicate not only the fact and timing of the reduction, but also the following information about the employee:

job title;
speciality;
profession;
qualification requirements for the current position;
size and form of wages.

The notification is submitted to the CNZ at the location of the organization. The addresses of registration and actual residence of laid-off workers do not matter.

About the features of the staff reduction procedure is 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 of the decision to reduce the staff, if such an organization exists. The notice periods are unchanged - at least 2 months before the date of the planned dismissal, and for cases massive layoffs- at least 3 months.

The letter must list the positions that are planned to be reduced. 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. Employees of the trade union present their reasoned opinion on the permissibility of the reduction. In response to the notice, an extract from the minutes of the meeting is sent to the employer. It indicates objections or their absence on the issue of dismissal of the employee in question.

In case of violation of the deadlines for notification of staff reduction, 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.

All questions of interest can be asked in the comments to the article.