The criteria for mass dismissal of workers are determined. What documents are needed? What payments are required to an employee by law?

One of the most important concepts in the world of economics is mass layoffs. This phenomenon is always associated with many events and ensuing factors, and it will not be possible to do something like this “quietly.” If the owner of a business does not want to get into trouble with the law and his former employees, he needs to thoroughly study all aspects and carefully prepare. In addition, the location of the enterprise and the specifics of the legislation also matter - for example, mass layoffs of workers in Russian Federation differ from similar practices in other countries.

There is such a term as lockout (from the English lock-out - close the door). This concept is related to the liquidation of enterprises, since it also implies the mass dismissal of workers. This practice originated in capitalist countries, and in the overwhelming majority of cases it is a response to a strike by enterprise employees. When workers go on strike or make extremely high demands, owners resort to lockouts - firing all workers, or liquidating or reorganizing their company.

Very tough and radical measure suppression, to be sure, therefore in most states a lockout is not welcomed. If such practices are encouraged, people will not be able to fully protect their rights and defend their interests with their employers.

Therefore, in the Russian Federation, a lockout in its full manifestation is prohibited.

What are the main reasons pushing the business owner to take such measures? Usually everything is inextricably linked with bankruptcy. If a company declares itself bankrupt, it may legally avoid paying all your debts. Of course, after the announcement of bankruptcy information, the closure of the enterprise immediately follows. Immediately terminate employment contracts with all employees, put up remaining assets for sale, and all this on the initiative of the business owner.

Mass dismissal criteria

But first of all, it is necessary to define the very concept of mass layoffs, and by what features it can be identified. In simple words, the criteria for mass dismissal are determined by the number of people with whom the employment contract is terminated - there must be at least 15. That is, the closure of an enterprise that employs 15 or more people is already recognized as a mass dismissal, with all that it entails. And, as already mentioned, here it is necessary to follow a certain order of actions.

Notice Rules

According to the Labor Code, before liquidating its business and dismissing all workers, the employer is required to notify the union and the local employment service about this. When so many people are left without work, this must be taken into account, which is why there are corresponding obligations.

The trade union must be notified in writing, following the established rules. There is no strict notification procedure, but there are still certain rules.

The notice must contain information about each employee of the enterprise, such as:

• Profession;
• Speciality;
• Position held;
• Payment requirements;
• Qualification requirements, etc.

This notification is transmitted to local authorities state power. In the old days this information was supposed to go to the territorial department for employment of the population of Rostrud, but subsequently a number of reforms took place and the rules changed.

Possibility of litigation

Business owners often have a question: how can they fire so many people without ending up under a pile of lawsuits from former employees? In this matter, the timing of dismissal is very important. It is necessary to take decisive action only when the corresponding entry about your company has already been made in the Unified State Register of Legal Entities. Thus, the liquidation will be recognized by the court as justified, no matter how many people you fire.

In such cases former employees It will be very difficult to win a legal battle. Such cases can drag on for a very long time, which is not beneficial for either party. In addition, a dismissed worker may soon find out that he simply has no one to sue, since the enterprise has ceased to exist. So in such situations it is easier for people to start searching new job rather than holding court proceedings.

To understand all the features, you should carefully study the concept of “mass layoffs of personnel.”

According to the law, this is the only reason why an employer can fire everyone indiscriminately:

• Trainees;
• Employees with long service;
• Pregnant women;
• Young mothers.

In other cases, the so-called “dismissal under article” is a very complex operation that is quite difficult to carry out without the employee’s agreement. That is why business owners usually force employees to write statements of their own free will, since it is much simpler and after that the person will no longer be able to sue.

Bankruptcy at the request of a creditor

The closure of an enterprise due to bankruptcy can be initiated:

• The business owner himself;
• Lender.

If everything happens at the request of the creditor, in mandatory It is necessary to carry out at least two operations - observation and bankruptcy proceedings. In this case, the process is led by the bankruptcy trustee. For the mass dismissal of workers, he is obliged to issue a corresponding decree, which will distribute all the necessary orders to officials.

The principle of dissolving employees during mass layoffs is similar to staff reduction, but there are still significant differences. As already mentioned, in our case, the employer has the legal right to fire everyone without exception, but if there is a reduction, he will not have such opportunities.

In addition, when reducing staff, it is necessary to offer people vacancies in other enterprises, which is not mandatory when closing a company. When an enterprise ceases to exist, it is difficult to present anything to it legally, and experienced lawyers know this. This is why consultation with qualified lawyers is so important during such sensitive legal transactions.

As you can see, the liquidation of an enterprise followed by large-scale layoffs is not the most troublesome matter, but it still requires certain knowledge. Through liquidation, a business owner can legally get rid of debts and sell off remaining assets. There is also information for ordinary employees, although it is not the most pleasant - no one is insured against dismissal when the company is closed, and you most likely will not be able to achieve any compensation.

With a large number of workers is called mass. Labor legislation specifically stipulates the specifics of this type of dismissal.

What is a mass layoff

A mass layoff is the termination of employment with a certain number of employees over a certain period of time.

Mass layoffs always mean reductions, the need for which may arise for various reasons:

• Heavy financial position employer;
• Complete liquidation of the enterprise;
• Modernization of production.

The legislation does not stipulate specific cases when it is possible and when it is not possible to resort to mass layoffs.

The legislative framework

The Labor Code does not provide specific instructions when dismissal becomes widespread. It only states here that these criteria can be determined by industry agreements (clause 1 of Article 82).

More specific information is provided by Government Decree No. 99 dated 02/05/93. In the general provisions of this document you can find the main signs by which a dismissal can be called mass. But he also admits that other figures can be used, provided that they are spelled out in agreements.

Thus, even within the same region, a decrease in the same number of people can be classified into different categories.

This concept is also mentioned in Art. 74 of the Labor Code of the Russian Federation, which gives the employer the right to establish part-time work in the event of a threat of mass layoffs. But this is only a right, not an obligation, so the employer has the right to immediately carry out a reduction.

Mass dismissal criteria

The criteria for mass dismissal are determined according to two parameters:

1. The number of employees with whom the contract will be terminated as part of the reduction (that is, if during this period someone is fired at their own request or for negative reasons, he will not be included in the number);
2. The time during which the dismissal will take place. It is counted in calendar days.

The following criteria currently apply:

• Complete liquidation of the employer, provided that the number of employees is at least 15 people;
• If 50 or more employees are laid off within 30 days;
• If 200 or more employees are fired within 60 days;
• If 500 or more employees lose their jobs within 90 days;
• If in a region where the employed population is less than 5 thousand, 1% or more of this number will be laid off in 30 days, regardless of whether the company is being liquidated or making layoffs.

These are the main criteria; they are used if there are no industry agreements.

It is worth noting that most existing industry agreements have also adopted these figures. But there are areas in which others are used. For example, for organizations that report to the Ministry of Education, these figures are reduced and are:

• 20 employees in 30 days;
• 60 workers in 60 days;
• 100 employees in 90 days.

The dismissal of 10% of employees in a company within 90 days is also recognized as mass dismissal.

Mass dismissal: procedure and features

Since mass dismissal is a reduction, it is carried out according to clause 2 of Art. 81 Labor Code of the Russian Federation. But there will be a few differences:

• The first and main difference is the period in which employees are warned about the upcoming end of their employment relationship. When mass reduction it must be no less than three months;
• Mandatory notification of the trade union or other authorized body of workers;
• You must notify the employment center three months in advance. A special form is provided for the warning, approved by the same resolution No. 99.

Note! You only need to submit the above form three months in advance stating that massive layoffs are expected. And information about specific employees who will be fired can be sent, as usual, no later than two months in advance, for which there is also special form notifications.

A mass layoff of workers constitutes a layoff large quantity employees meeting the criteria specified in labor legislation. The main difference between this event and a regular layoff is the period in which the company must notify employees of dismissal; it is three months.

The term " lockout"is called the mass dismissal of employees from their positions.

Sometimes a situation arises at an enterprise when it is forced to get rid of a significant part of its hired workforce. Sometimes the price for this is the very existence of the company; if it disappears, a large number of people lose their jobs.

• How to determine whether a layoff is mass?
• How is it different from the usual one?
• What are the responsibilities of an employer towards employees and government agencies?

In the article we consider all issues related to the lockout, and also provide step-by-step algorithm for an employer who is laying off employees en masse, and a list of documents required for this.

When the lockout comes

Mass release of hired employees is not a very common phenomenon, however, it can occur under certain circumstances, usually unfavorable for the organization. Whatever events lead to the outcome, the resulting mass layoff can occur for one of two real reasons.

1. Liquidation of an enterprise or organization, in connection with this, dissolution of all personnel (clause 1 of Article 81 of the Labor Code of the Russian Federation).
2. Reduction of the number or staff of an organization (clause 2 of Article 81 of the Labor Code of the Russian Federation).

NOTE! For any of these reasons, dismissal can be either ordinary or mass.

Lockout or just dismissal?

Where to look for the answer

How to distinguish a standard dismissal from a mass dismissal? This is clearly defined in the relevant documents - specific industry agreements, possibly also in territorial ones.

REFERENCE! At the end of 2016, about two dozen industry agreements have been adopted and are in force, which also regulate issues of mass layoffs.

If such an agreement has not been adopted for the relevant industry or region or does not contain the necessary criteria, help will come an older document valid in those parts that do not contradict labor legislation. Such a document is the Regulations on the organization of work to promote employment in conditions of mass layoffs. It was approved by Resolution of the Council of Ministers of the Government of the Russian Federation on February 5, 1993 No. 99.

Lockout criteria

Let's consider in what cases the release of employees would fall under the signs of mass layoffs. This takes into account:

• the total number of hired workers at the enterprise;
• number of people being laid off;
• the percentage of laid-off employees out of the total number;
• the time during which layoffs occur;
• unemployment rate in a particular region.

1. In the event of liquidation of an enterprise, no matter what legal form it belongs to, the dismissal will be considered mass if the organization had 15 or more employees.
2. In terms of headcount or staff reductions, the scale depends on the number of employees being relieved of their positions over a given time period:
   • Fifty or more people were laid off in a month;
   • in 2 months, more than 2 hundred people lost their places;
   • in 3 months, more than half a thousand workers left their jobs.
3. For any of both reasons, dismissal falls under the criterion of mass dismissal if, in regions where no more than 5 thousand residents are employed, 1% of them lost their jobs within a month. total number employees.

ATTENTION! If the unemployment rate in a region is particularly high, more than 11%, then local authorities may decide to suspend mass layoffs. They cannot be completely cancelled, but it is allowed to slow down the process so that the employment services and trade unions can cope with such an “influx”. It is allowed to increase the interval for dismissal of 50 people to 8 months, 200 or more employees can be dismissed within 10 months, and five hundred employees - for a period of at least a year.

What an employer should not forget about

A lockout is a responsible process that must be carried out strictly according to the law, and the legislation on this matter has many inviolable regulations. For this it is better to follow established algorithm, acting strictly according to protocol and not forgetting to notify the relevant authority and correctly fill out all the necessary documents.

A step-by-step algorithm for a massively dismissing employer

1. Drawing up a written appeal to the organization’s trade union body and the regional employment service three months before the start of the event.
2. Developing an updated staffing table taking into account the number of remaining employees (either throughout the organization or for some structural unit or individual categories personnel). Approval of this document.
3. Based on the approved staffing table, issuance of an order for the organization to reduce personnel or staff.
4. 2 months from the date of dismissal specified in the order, notify in writing the people who are subject to dismissal. If the company has suitable vacancies or positions in branches, they must be offered to those under the order to fill them. The employee must leave a signature on the notice of impending dismissal. If he refuses to endorse the notice, it must be sent by mail with a notification to the address specified during employment, or the refusal must be recorded in an act signed by two witnesses.
5. Preparation of a dismissal order. Familiarization with it to employees against personal signature. In case of refusal, perform actions similar to paragraph 4.
6. Making entries in the work books of employees losing their positions. The entry indicates the reason for dismissal (downsizing, liquidation of the enterprise, and possibly the parties’ own desire or agreement), the corresponding article of the Labor Code. Number and date of the dismissal order.
7. On the last working day, all departing employees are accrued due payments and compensation - wages, funds for unused vacations, severance pay due upon dismissal under Articles 178 and 180 of the Labor Code of the Russian Federation.
8. Submitting information about dismissed workers to the employment service of a given region, because they may differ from those submitted three months ago if, for example, some employees were transferred to other positions.

Employer risks

There are a number of points that an employer should in no case lose sight of during a mass dismissal, so that no one can bring claims against him for violating legal norms.

1. When making redundancies, it is necessary to take into account the categories of employees who fall under it, especially their qualifications.
2. It is impossible to dismiss a preferential contingent due to reduction, even if they are inferior in qualifications to other employees, namely:
   • women expecting a child;
   • single parents in whose care are children under 14 years of age (and disabled people under 18 years of age);
   • adoptive parents, guardians of children under 14 years of age.
3. Timely notification of the lockout to state and trade union bodies. If this is not done or the deadline established by law is missed, the employer will receive serious administrative punishment in the form of a fine of 2 to 3 thousand rubles. for a specific official and from 10 to 15 thousand rubles. – to the organization (Article 19.7 of the Code of administrative offenses RF).

List of documentation required by the employer

The necessity and legality of a complete lockout can be confirmed by the entrepreneur with relevant documents, which include:

• a new staffing table, certified and approved in the usual manner, or a court decision on the bankruptcy of the organization (for its liquidation);
• an approved plan for the mass layoff process;
• extracts from the personal files of candidates for layoffs;
• extracts from the minutes of the meeting of the commission discussing candidates for reduction;
• order for the company on mass dismissal with a list of names of those being released and their signatures;
• act of proposed vacancies for transfer with resolutions on the employee’s consent or refusal;
• confirmation that letters to the trade union and employment service were sent on time (for example, a correspondence log, postal notification, etc.);
• a document from the trade union organization agreeing to the upcoming lockout;
• final order of dismissal;
• entries in personal cards;
• financial documents confirming full settlement with employees.

In cases of liquidation of organizations, implementation by entrepreneurs (employers), taking into account economic interests of the right to refuse excess labor, ILO member states must take measures to ensure the right to work, social support dismissed workers on the basis of cooperation in the field of employment of public services, employers and employee representatives.

In most countries, mass layoffs of workers for economic, organizational, and technological reasons are regulated separately from individual layoffs of workers, as well as through social partnership. According to I.Ya. Kiselev, the exceptions are Germany and Israel, where collective layoffs are considered as an automatic sum (cumulation) of individual layoffs. In 21 of 27 industrialized countries, collective redundancy legislation applies as early as 10 workers, and in the Czech Republic, Mexico, Portugal, Italy, Greece and Austria, the number of simultaneous layoffs may be even below this threshold. In the USA, issues of collective dismissals are regulated mainly by collective agreements.

Mass layoffs of workers in post-Soviet Russia occurred in 1993-1998, when, due to a drop in production during the economic crisis, changes in forms of ownership, and the beginning of the structural restructuring of production, thousands of enterprises were liquidated, significantly reduced their workforce or staff of workers. In current conditions, many organizations, especially large corporations, are implementing development programs and, in the process of restructuring, strive to optimize the number and composition of employees, thus solving the problem of increasing staff salaries.

The main acts regulating the issues of mass layoffs of workers are the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On Employment of the Population in the Russian Federation” and the somewhat outdated Regulations on the organization of work to promote employment in conditions of mass layoffs, approved Resolution of the Council of Ministers of the Russian Federation dated February 5, 1993 No. 99. Along with special norms and a number of these other legal acts must be observed general norms on individual dismissals of employees at the initiative of the employer in cases of liquidation of the organization or termination of activities individual entrepreneur(clause 1 of article 81 of the Labor Code of the Russian Federation) or reduction in the number or staff of the organization’s employees (clause 2 of article 81 of the Labor Code of the Russian Federation). Some special rules for the employer to fulfill its obligations to employees are applied when carrying out bankruptcy procedures and liquidation of organizations recognized as insolvent in the prescribed manner.

A significant role in regulating the mass dismissal of workers belongs to acts of social partnership, especially collective agreements. In accordance with Art. 82 of the Labor Code of the Russian Federation, the criteria for mass dismissal of workers are determined in industry and (or) territorial agreements. Thus, the sectoral specifics of labor organization and the state of the labor market are taken into account. Thus, the parties to the Federal Industry Agreement on Press, Television and Radio Broadcasting and Mass Media Organizations for 2004-2006. agreed that the mass release of workers includes the dismissal of 10 or more people in an institution. In the absence of industry and (or) territorial social-partner regulation, the indicators of mass layoffs provided for by the Regulations on the organization of work to promote employment in conditions of mass layoffs are used. In social partnership agreements great importance is given to monitoring the state of the labor market, ensuring the optimal level of employment in organizations. Financing of activities included in sectoral and territorial agreements is determined by the decisions of the parties during the negotiation process when concluding these agreements.

Collective agreements of organizations may contain criteria for mass dismissal that improve the situation of workers, reflecting the peculiarities of labor organization in small and medium-sized businesses. In contracts that are not formal in nature, an important place is occupied by measures to prevent mass layoffs and social support for workers and their families in the event of termination of an employment contract. These measures must correspond to the financial and economic situation of organizations and their divisions, take into account the level of management, marketing efficiency, the possibility of attracting investments, etc. Despite the socio-economic significance, including in terms of ensuring a favorable psychological climate in the organization, the formation of its positive image, collective agreements do not cover all organizations, especially in the field of trade, Catering. The social plans of organizations, the development of which (primarily on employment issues) is provided for by the General Agreement between all-Russian associations of trade unions, all-Russian associations of employers and the Government of the Russian Federation for 2005-2007, have not received proper distribution.

As stated in Art. 180 of the Labor Code of the Russian Federation, in the event of a threat of mass layoffs, the employer, taking into account the opinion of the elected body of the primary trade union organization, takes necessary measures, provided for by the Labor Code of the Russian Federation, other federal laws, collective agreement, by agreement. This may be a transition to part-time work due to a change in the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions, in the manner provided for in Art. 74 Labor Code of the Russian Federation. The hiring of new workers and the attraction of foreign labor in the organization is limited, fixed-term employment contracts are not renewed, non-standard forms of employment are more widely used (workplace sharing, work from home, etc.).

Measures practiced in organizations, such as the elimination of part-time work, overtime work, combination of professions, multi-machine work, and the transfer of work to employees under previously concluded contracts with other organizations, promote employment, but should not conflict with the economic interests of the employer. The conditions still included in collective agreements on granting workers unpaid leave at the initiative of the employer do not comply with the law.

Abroad, staff reductions are well combined with the use of agency labor, an outsourcing strategy that facilitates the process of getting rid of excess labor. Very often they cite the example of the Benetton company, which employs the labor of 12 thousand workers, but has only 1,500 people directly on its staff. Its franchise strategy (more than 3 thousand in 50 countries) is another facet of outsourcing. It allows the company to free itself from the responsibility that arises when a huge staff is on a permanent staff. In Russia, the use of agency labor is hampered by the lack of legislative regulation of this type of atypical employment.

In many countries, the main mechanism for preventing collective layoffs is the additional stage of agreeing on the employer's decision with the trade union or works council. In Israel, for example, according to general practice in each case of collective dismissals, the employer is obliged to carry out preliminary consultations and negotiations with the relevant trade union regarding the list of dismissed employees. In Germany, this right is vested in a representative body of workers (the Works Council), without whose consent persons enjoying special protection cannot be dismissed: women on maternity leave; disabled people; persons serving compulsory military service, as well as members of the Enterprise Council and other representative bodies of workers.

According to Art. 82 of the Labor Code of the Russian Federation, the employer is obliged to inform in writing about the upcoming mass dismissal of workers to the elected body of the primary trade union organization no later than three months before the start of the relevant activities. IN Federal law RF dated January 12, 1996 No. 10-FZ “On trade unions, their rights and guarantees of activity” the range of grounds for written notice Trade unions are defined more broadly by the employer. The employer is obliged to notify the relevant trade unions at least three months in advance about the liquidation of the organization, its divisions, changes in the form of ownership or organizational and legal form of the organization, complete or partial suspension of production (work), entailing a reduction in the number of jobs or deterioration of working conditions (Article 12). In order to increase the level of protection of the rights and interests of workers, similar provisions should be included in the Labor Code of the Russian Federation.

Russian trade unions have the right to take part in the development government programs employment, conduct an independent examination of materials received from employers, propose measures to social protection workers, including the creation of social support funds (solidarity funds) for workers, to exercise trade union control over compliance with legislation in the field of employment. Thus, the trade union can monitor compliance with the guarantees upon termination of an employment contract at the initiative of the employer, established in Art. 261 of the Labor Code of the Russian Federation, for pregnant women, women with children, and persons raising children without a mother.

The scientific literature notes that the only country where the employer is obliged to coordinate the dismissal of each employee with public service employment is Norway. Norwegian employers can only get around this rule by applying for permission to dismiss from local courts, but this procedure requires additional costs. In France, before 1987, any dismissal, individual or collective, for economic reasons or in connection with structural changes(except for cases of bankruptcy or liquidation of property) permission from the competent authorities was required administrative bodies. Practice has shown that when many approvals are required, the dismissal procedure is delayed. IN last years Employment protection legislation is being liberalized abroad in order to maintain employers' incentives to hire workers by eliminating unnecessary restrictions upon termination of an employment contract.

In the Russian Federation, in the event of liquidation of an organization, reduction of personnel or staff, which may lead to mass dismissal of workers, must provide information in the established form to the employment service authorities no later than three months before the start of the relevant activities, and for each specific employee - no later than two months (clause 2 of article 25 of the Law on Employment). At this stage, employment service bodies can provide candidates for dismissal with information about vacant jobs, familiarize them with employment legislation, organize consultations on career guidance, retraining, retraining, creating their own business, and provide assistance in finding employment , organize consultations with a psychologist.

Organs executive power, employers conduct mutual consultations on employment issues at the suggestion of trade unions and other representative bodies of workers. Based on the results of consultations, programs can be adopted and agreements can be concluded providing for measures aimed at promoting employment of the population and sources of their financing. The mandatory conclusion of agreements between employers and trade unions on mass layoffs of workers, adopted in some Eastern European countries, for example in Poland, is not provided for.

During the period of mass layoffs, the role of coordination committees for promoting employment in cities, regions and constituent entities of the Russian Federation increases. The positions of employers, employee representatives, executive authorities and authorities are subject to agreement local government when implementing prevention and mitigation activities negative consequences mass layoffs of workers. Thus, in connection with the liquidation of the Cheremkhovo open-pit mine of Vostsibugol OJSC in 2002, on the initiative of the Irkutsk Regional Coordination Committee for Employment Promotion, an agreement was developed between the administration of Vostsibugol OJSC, the Cheremkhovo city municipality, Terkom of the Coal Miners' Trade Union and the Cheremkhovo City Employment Center on measures to promote employment and social support for laid-off workers. As a result of the successful implementation of the agreement, out of 828 workers on the dismissal list, 102 people were registered as unemployed.

Compared to the Regulations on the organization of work to promote employment in conditions of mass layoffs, the Law on Employment in the current version does not provide for the right of executive authorities and local governments to make decisions on the proposal of trade unions to suspend mass layoffs or about the gradual dismissal of workers. This expands entrepreneurial freedom and strengthens the social responsibility of employers for resolving personnel issues.

Significant experience in releasing personnel in the context of restructuring has been accumulated in large Russian corporations. This experience has been summarized by the Expert analytical center and contains a lot of positive things. Thus, in the Ilim Pulp company, in order to prevent the closure of enterprises and the dismissal of 2 thousand people, they are targeting large financial costs modernization of production that does not meet environmental standards.

The protection of employment and at the same time the economic interests of employers is effectively served by the repurposing of individual industries, workshops, areas for the production of products and goods, and the provision of services taking into account market conditions.

Social partners have the right to conclude or make changes and additions to a collective agreement, provide for the procedure for professional training and retraining of workers, increased amounts of severance pay compared to the law, priority employment in the organization of dismissed workers when vacancies, the right of workers to use child care preschool institutions after dismissal, etc.

It should be noted that in Western Europe the state provides financial assistance in the field of employment to both public and private enterprises. These can be equalizing allowances (if there is a difference in wages at the previous and new workplaces), subsidies, compensation for retraining workers. Benefits are provided in the field of tax and credit policy for employers who promote employment, create or preserve jobs.

The regulation on the procedure for organizing work in conditions of mass layoffs of workers retains the rule that regional government bodies can provide financial assistance enterprises planning a massive release, in the form of loan guarantees, preferential loans, subsidies, deferred tax payments. It is said that employers can be reimbursed for the costs of carrying out activities to promote employment, as well as payment to employees of certain types of compensation provided for in the collective agreement, at the expense of the relevant budgets.

Vocational training in Russia for the unemployed population not registered as unemployed is carried out at the expense of organizations. When calculating taxable profit, the amount of balance sheet profit of organizations is reduced by the amount of funds spent by employers on professional training, retraining, and advanced training of employees (Clause 1, Article 25 of the Law on Employment). From January 1, 2005, paragraph 3 of Art. 26 of this Law that, if necessary, employment service bodies can fully or partially compensate employers for the costs of advanced training of citizens released from organizations in order to ensure their employment, as well as for organizing training of those hired citizens released from other organizations.

Like the legislation of most countries, Russia does not directly provide for the right of workers to professional training, retraining, or advanced training in the event of collective layoffs. Unemployed citizens exercise this right under the conditions established in Art. 9, 23 of the Law on Employment. For comparison, in Bulgaria, workers released as a result of the concentration and specialization of production, modernization and reconstruction of production facilities, the introduction of progressive methods of organizing production, labor and management have the right to vocational training, if they are not Other work in the specialty may be provided. Retraining is carried out by the relevant ministries, departments, communities, and employers.

In accordance with Art. 53 of the Labor Code of the Russian Federation, employee representatives have the right to receive information from the employer on issues of professional training, retraining and advanced training of employees. Purposefulness vocational training and retraining of personnel for their own needs is determined by the employer, and its forms, the list of required professions and specialties are established by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations (Article 196 of the Labor Code of the Russian Federation).

Employers, with the participation of representative bodies of workers, develop annual educational plans or sections of social plans on issues of retraining and vocational training of laid-off workers. The key to effective operation of organizations is advanced training, constant increase qualifications of workers. At the Norilsk Nickel company, for example, employees have the opportunity to study in 250 blue-collar professions, and advanced training is provided in 30 areas. On the basis of the personnel training center, 7.5 thousand workers and 6 thousand engineering and technical workers undergo training, retraining and advanced training annually, and taking into account those directly trained in production - 26 thousand people.

In many agreements and collective agreements in general form it talks about creating conditions for professional training and retraining of workers. Invalid conditions are also found in acts of social partnership. Thus, the provision of the agreement concluded at Ilim Pulp Enterprise CJSC with the participation of the Irkutsk Regional Committee of the Trade Union of Timber Industry Workers on conducting training for “union members”, involving company specialists, is discriminatory.

One of the means to ensure employment for dismissed workers is to involve them in entrepreneurial activity. In Poland, for example, persons notified of dismissal due to the liquidation of an organization can be provided with lump-sum cash payments by district labor departments to organize their own business. In the Czech Republic, stimulating entrepreneurship has alleviated employment problems among the intelligentsia and skilled workers and has led to the successful development of small businesses in the country. In Russia, employment service authorities provide financial assistance to unemployed citizens to organize their own businesses and organize their training in the basics of entrepreneurial activity.

The small business development program of the SUAL company attracts attention. It provides for the creation of service enterprises (dry cleaners, hairdressers, repair shops), as well as support for entrepreneurs who are starting to work on the development of city infrastructure. For this purpose, business project competitions are organized, the best of which are implemented with the support of the company. The oil company TNK-BP is less optimistic and believes that, in general, retraining mechanisms only work in industrial regions. An oil worker will generally not work in agriculture. The company’s efforts to teach laid-off workers how to create and run a small business were also unsuccessful: “a person cannot be appointed an entrepreneur.”

Public-private partnership is becoming a new tool for solving employment problems and other socio-economic problems. It is based on partnership agreements concluded by organizations with the authorities of the constituent entities of the Russian Federation and municipalities. Through public-private partnerships, programs and projects are implemented in the fields of education, healthcare, road infrastructure, etc. Social projects are implemented by entrepreneurs both as a charity and on a mutually beneficial basis with partners. For example, the municipality undertakes to accept a number of objects of the organization on its balance sheet, draw up BTI acts, etc.

In the Social Charter Russian business, approved at the XIV Congress of the Russian Union of Industrialists and Entrepreneurs (employers), it is emphasized that the acceptance of social obligations by the Russian business community and individual companies is not altruism and not the purchase of a “social license” for commercial activity. Social responsibility of business can and must be useful for the long-term success of the companies themselves to the same extent as for society as a whole.

When dealing with issues of employment of laid-off workers, employers finance the implementation of programs and projects in the field of employment. They prefer to work with state authorities and local self-government rather than with entrepreneurs, which reduces the risk of failure to implement measures to employ workers. Thus, the SUEK company issues non-repayable and preferential loans for the implementation of projects to create jobs for former miners. City mayors direct funds received from SUEK to finance projects in the field of small and medium-sized businesses or act as intermediaries between SUEK and an entrepreneur who wishes to receive a loan. When liquidating a small coal mine in the Chita region, the SUEK company transferred 2 million rubles to the municipality, and also donated equipment and a number of real estate objects. On the basis of these assets, a housing and communal services enterprise was created, which carries out repair, road and general construction work, and almost half of the laid-off workers of the open-pit mine moved there.

According to the conclusion of scientists, unlike the CIS countries, in the countries of Central and South-Eastern Europe, as well as the Baltics, responsibility for supporting workers during mass layoffs mainly rests with state institutions, and not with enterprises. In order to increase labor flexibility, amendments were made to the legislation to simplify the dismissal procedure, reduce the period of preliminary notice of dismissal, and provide for the payment of severance pay to those dismissed. The imbalance between the adaptation of enterprises to market conditions and guarantees of employment and income for workers has led to an increase in unemployment in the countries of Central and South-Eastern Europe, with the exception of Hungary and the Czech Republic.

The more favorable dynamics of unemployment indicators in Russia appears to be largely due to the influence of demographic factors and less intensive structural restructuring of the economy. Development of relations to promote employment during mass layoffs Russian workers made dependent mainly on the financial capabilities of employers and the state, goodwill and social responsibility of partners operating in the labor market. At the same time, the trend of increasing interaction between government and business in the socio-economic sphere is of particular interest; questions arise and need research about the prospects for the development and legal regulation of public-private partnership and its relationship with social partnership in sphere of labor.

At the stage of mass layoffs, some problems with the application of general legislation on the rights and guarantees provided to employees upon termination of an employment contract under clauses 1 and 2 of Art. 81 Labor Code of the Russian Federation.

As you know, with a massive staff reduction preemptive right workers with higher labor productivity and qualifications have the right to remain at work, and with equal labor productivity and equal qualifications, preference in remaining at work is given on the basis of social status to the workers specified in Art. 179 of the Labor Code of the Russian Federation and collective agreements. The legislation does not define the concept of qualification and in law enforcement its level depends, in particular, on the employee’s length of service and is determined in each case individually.

It should be taken into account that abroad, when resolving the issue of maintaining labor relations, priority is usually given to personnel workers. Work experience with a given employer is considered to be an indicator of an employee’s “loyalty” to his employer. Restrictions on dismissal depending on the length of the employee’s work experience have been introduced in Croatia. According to UK legislation, if there is an excess number of personnel, dismissal is carried out according to the principle of “last person in, first out”. However, disguised dismissal on this basis of persons actively participating in trade union activities, pregnant women, etc. is unacceptable. In the United States, collective agreements often establish a procedure for determining the employee to be dismissed (“bumping”), in which each employee with longer experience displaces an employee with even less experience. In Italy, the length of service of employees is taken into account by including in collective agreements a rule on “attrition”, according to which the dismissal of employees with a certain continuous length of service is allowed only for disciplinary sanctions. In the event of the elimination of jobs as a result of technical changes or company mergers, these workers are moved to the jobs of those who quit at their own request, or retire, or vacate jobs for natural reasons (disability, illness, etc. .).

The widespread domestic practice of dismissing primarily pensioners to reduce numbers or staff, without taking into account their level of qualifications, which is declared as the “natural” retirement of workers, does not comply with the law. In the West, “attrition measures” have long included providing employees with a significant severance pay (“golden handshake”) in the event of early retirement or voluntary departure of pensioners from work. In this regard, programs to encourage employee retirement, used in some Russian organizations, deserve support. Employees who have reached retirement age are offered one-time payments based on length of service, regular supplements to pensions, and corporate pensions. In case of refusal to retire, the employee loses the right to these payments (Cherepovets Metallurgical Plant, Ilim Pulp Company, OJSC Norilsk Nickel, etc.).

The practice is focused on the fact that the employer, for the purpose of effective economic activity and rational property management, independently, under his own responsibility, makes the necessary personnel decisions (selection, placement, dismissal of personnel). When selecting candidates for dismissal in the event of a reduction in the number or staff of employees, the employer’s freedom of discretion and consideration of the employee’s degree of loyalty are not excluded. In order to avoid subjectivism of decisions, it is necessary to create a commission on the mass dismissal of workers from representatives of the employer, trade union committee, and employment service. In the UK, for example, dismissal is considered unfair if the employer, when selecting candidates for dismissal due to a reduction in the number of employees, showed favoritism (Article 105 of the Employment Rights Act 1996). Using Foreign experience, it is also advisable to involve private employment agencies in carrying out procedures for the mass dismissal of workers, and to provide services to workers in the form of outplacement, that is, psychological support and assistance in securing employment.

It is positive that in new edition Art. 81 of the Labor Code of the Russian Federation clarified and expanded the employer’s responsibilities for transferring an employee to another job when carrying out measures to reduce the number or staff of an organization’s employees. Dismissal under clause 2 of Art. 81 of the Labor Code of the Russian Federation is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform -take into account his state of health. In this case, the employer is obliged to offer the employee all the vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. In judicial practice, when considering claims for reinstatement of persons dismissed under clause 2 of Art. 81 of the Labor Code of the Russian Federation, they take into account whether the employer offered all available vacancies in the organization for the transfer of the employee on the day of his dismissal.

In socially oriented organizations, opportunities to transfer an employee to another job are also sought during periods of large-scale staff reductions. Thus, the LUKOIL company has adopted a Social Code, according to which the employer, in the event of a massive layoff of workers and the impossibility of their employment in a given territory, is obliged to facilitate the relocation of workers with their families to other regions. For this purpose, mechanisms of corporate mortgage lending and housing purchases are used.

Termination of an employment contract with an employee - a member of a trade union due to a reduction in the number or staff of the organization's employees is carried out taking into account the opinion of the elected body of the primary trade union organization, and in cases established by law - by collective agreements, agreements, preliminary approval is required consent of the relevant trade union body (Article 82 of the Labor Code of the Russian Federation, Article 12 of the Law on Trade Unions).

Thus, dismissal at the initiative of the employer in accordance with clause 2 of Art. 81 of the Labor Code of the Russian Federation, heads (their deputies) of elected collegial bodies of primary trade union organizations, elected collegial bodies of trade union organizations of structural divisions of organizations (not lower than shop floors and equivalent to them), not exempt from the main work, are allowed in addition to the general procedure for dismissal only with the prior consent of the relevant higher trade union body (Part 1 of Article 374 of the Labor Code of the Russian Federation).

The Constitutional Court of the Russian Federation does not refute the constitutionality of this norm or its compliance with ILO conventions. According to its constitutional and legal meaning and intended purpose, it is aimed at protecting by the state the freedom of trade union activity and does not interfere with the judicial protection of the employer’s rights to freedom of economic (entrepreneurial) activity in the event of refusal of the corresponding higher trade union body give preliminary motivated consent to the dismissal of such an employee. We would like to add that the ILO recognizes the priority of workers’ representatives to retain their jobs in the event of staff reductions.

In the process of improvement labor legislation it is regulated how the employer makes payments to employees dismissed under clause 1.2 of Art. 81 of the Labor Code of the Russian Federation in the regions of the Far North and equivalent areas, average earnings for the period of employment after dismissal. In the legal literature, it has been argued that an employee has the right to receive an average salary for a period of employment not exceeding six months, even if he has not contacted the employment service within two weeks, as required as a general rule Art. 178 Labor Code of the Russian Federation. It has now been established that in exceptional cases, the average monthly salary is retained by the employee during the fourth, fifth and sixth months from the date of dismissal by decision of the employment service body, provided that in month period after dismissal, the employee applied to this body and was not employed by it (Article 318 of the Labor Code of the Russian Federation).

The fact that the employee did not find a job within the third to sixth month (depending on the territorial location of the organization) is confirmed by a certificate from the employment service agency. There is a practice according to which employers pay average wages for the second month after dismissal if the former employee presents work book, where there is no record of his employment. The correctness of this approach leaves doubts, since not all types of employment are recorded in the work book, and the employment service authorities cannot provide full control over the employment of the unemployed. It would be advisable to unify law enforcement on the basis of a clear settlement of the controversial issue.

For the first time, the Labor Code of the Russian Federation introduced a rule that an employer, with the written consent of an employee, has the right to terminate an employment contract with him without two months’ notice of dismissal, with simultaneous payment of additional compensation in the amount of two months’ average earnings (Article 180 Labor Code of the Russian Federation). Now this article provides that additional compensation is paid in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice period for dismissal.

In order to minimize the costs of paying laid-off workers due compensation, employers are strengthening control over compliance with labor discipline and are rushing to apply grounds for terminating an employment contract related to the guilty behavior of employees. During the period of warning to employees about termination of the contract under clause 1 or clause 2 of Art. 81 of the Labor Code of the Russian Federation dismissal for violation labor discipline must be carried out in full compliance with labor legislation.

Russian legislation does not establish the specifics of considering labor disputes regarding the reinstatement of workers who have stopped working. labor Relations during the mass layoff of personnel.

In the USA, if an employer explains collective dismissal by production necessity related to the efficiency of the enterprise, then the courts, as a rule, do not satisfy the claims of all employees. The courts are of the opinion that the reinstatement of collectively dismissed workers due to production necessity is a restriction of entrepreneurial freedom. In Germany, in case of collective dismissals, workers are not subject to reinstatement. The employer pays them compensation in the prescribed amount.

Russian employers are required to prove the actual termination of activities, a reduction in the number or staff of employees, as well as compliance with the established procedure for their dismissal.

If the dismissal is declared illegal, the court, if the organization is not liquidated, reinstates the employee at work, although the prospects for maintaining labor relations, especially in the event of a mass dismissal of workers, are usually illusory. Within the framework of Art. 394 of the Labor Code of the Russian Federation in cases of reduction in the number or staff of employees, it is preferable when the court, at the request of the employee, decides to declare the dismissal illegal, to recover in favor of the employee the average earnings for the entire period of forced absence, as well as compensation for moral damage caused to him.

Andrey Vasiliev

In a situation where many enterprises are on the verge of bankruptcy and the economic situation is unstable, mass layoffs of workers are not uncommon. It is useful for many employees and employers to learn about how to properly prepare documents and how to competently carry out this procedure.

In what cases is a reduction called massive?

Article 82 of the Labor Code of the Russian Federation.

The criteria for mass layoffs, including how many employees will be laid off and will be relieved of their positions, are determined Labor Code and territorial or sectoral agreements.

There are many companies for which such agreements are not accepted, their full-time employees should be guided by Part 1 of Art. 82 Labor Code of the Russian Federation.

The Labor Code defines the relationship between the period during which the mass dismissal of workers occurred and the number of people relieved of their positions.

The document also states that in case of mass layoffs, how many people should be laid off and over what period.

In addition, the following criteria for mass dismissal have been established:

1. If activity ceases the whole company, which employs more than 15 employees. We are talking about a one-time dismissal of the entire staff.
2. If the number of employed people in the region is less than 5,000 people and within 30 calendar days If there is a reduction of 1% of this number of employees, then the staff reduction is also considered massive.

Special agreements apply for the following industries:

• oil and gas;
• mechanical engineering;
• civil Aviation;
• coal industry;
• television and radio broadcasting and print;
• and more than 7 industries.

In order to clarify whether a corresponding agreement has been adopted for the enterprise or whether the situation is regulated by the Labor Code of the Russian Federation, you need to contact the HR department.

Important! Mass layoffs of workers impose obligations on the company to pay money for the period while people are looking for another job.

Who is protected from layoffs?

When deciding to fire a large number of people, the employer must organize a commission that will determine which employees will lose their positions.

The choice is made based on many criteria: qualifications, length of service, age, including the right of pre-emption.

If a person has such a right, he has less likely be fired than other people. Who is included in the category of relatively protected citizens:

1. Pregnant women, those who are on maternity leave or have children under 3 years of age; single mothers or fathers with children under 14 years of age or with disabled children.
2. Guardians of disabled children without spouses.
3. Employees who are on sick leave or on vacation at the time the employer notifies people of layoffs. Once the person returns to work, they may still receive a notification.
4. Employees with 2 dependents, for example pensioners or minors, disabled people.
5. Combat veterans.

The preemptive right has its own characteristics depending on the region and industry in which the organization operates. If an enterprise is completely liquidated, even people who have this right are left without work.

It is important to know what payments a person can claim and how the employer should act to ensure that mass layoffs are legal.

Procedure

Article 394 of the Labor Code of the Russian Federation.

If the employer misses the deadline, established by law, or incorrectly organizes the mass layoff procedure, the employee may demand reinstatement. Few people are ready to sue over this issue, but if the claim is successful, the employer will have to pay the plaintiff the average wages during forced absence.

Such consequences are established in paragraph 60 of the Plenum Resolution Supreme Court RF (dated March 17, 2004 No. 2) and Part 2 of Art. 394 Labor Code of the Russian Federation.

Which authorities and when do you need to notify about staff reduction if there are members of a trade union organization among the employees?

Action	Deadline	Relevant law
Contact the trade union and the employment service and report in writing about the staff reduction. Notification of the trade union is mandatory for companies in which a primary trade union organization operates. Reporting to the employment service is mandatory for everyone.	No later than 3 months before the initiation of dismissal. State organizations notify the employment service no later than 2 months in advance, and individual entrepreneurs no later than 2 weeks in advance.	Part 1 art. 82 Labor Code of the Russian Federation, clause 2 of Art. 25 of the Law of the Russian Federation No. 1032-1 of April 19, 1991.
Tell the employee about the upcoming layoff. The warning must be given personally and signed.	No later than 2 months before the scheduled date.	Part 2 art. 180 Labor Code of the Russian Federation.
Send to the elected body of the trade union a draft order on the dismissal of people who are members of the trade union, attach copies of documents confirming the need for layoffs. Within 7 days from this date, the union must provide the employer with a reasoned opinion.	No later than 10 days and no earlier than 30 calendar days.	Part 1, part 2 art. 373 Labor Code of the Russian Federation.
If the reasoned opinion was negative, then hold a consultation with the trade union and draw up a protocol.	No later than 3 working days from the receipt of a negative reasoned opinion.	Part 3 art. 373 Labor Code of the Russian Federation.
Termination of an employment contract, issuance of a work book against signature, settlement with the employee.	On the day of mass layoff, if all previous points were completed on time. If on a set day a trade union member is not at the workplace due to the staffing schedule, then the contract is terminated on the day on which he is at work.	Part 4 art. 84.1 Labor Code of the Russian Federation.

In paragraph 3 of Art. 81 of the Labor Code of the Russian Federation states that employees must be offered other vacant positions. If the employer does not offer suitable vacancies from the moment the person is notified of the layoff, then this is grounds for reinstatement with compensation for forced absences. In case of liquidation of an enterprise, employment is organized by the employment service.

There are situations when an enterprise wants to terminate an employment contract faster than 2 months before the planned dismissal ends. In this case, it must pay compensation to the employee in the amount of his average earnings for the time remaining before the date of the planned reduction.

Document requirements

Accurate documentation will save the employer from compensation costs and from possible labor disputes with employees. What documents should be drawn up and how?

Document	Form of compilation	What the document must contain
Order to reduce the number of staff.	Free	The number of employees and their positions, the planned date of the event.
Order on new staffing.	Unified.	Number of employees, their positions, procedure and amount of payments.
Personal files of candidates for layoffs.	Free	Lawyers recommend filing a protocol for checking the employee’s qualifications and a document on pre-emptive rights in each person’s personal file.
The employer's order to create a commission, the commission's decision on the preemptive right.	Unified.	The commission determines which employees should be retained first. Preferential categories of citizens include single mothers, disabled people and others.
Order to terminate the employment contract.	Form No. T-8.	Details of the order to reduce the number of staff are indicated in the “Bases” column.

The law establishes criteria for payments in the event of mass layoffs, which both employers and everyone who has been laid off must learn about.

What payments are required to an employee by law?

Article 178 of the Labor Code of the Russian Federation.

The amount and procedure for payments are regulated by Art. 178 Labor Code of the Russian Federation. If a person is fired, what payments is he entitled to:

1. Severance pay in the amount of 1 average monthly salary. Payment is made on the day the employee picks up the work book.
2. Holiday pay is paid if a person has unused days vacation. This is regulated by Part 4 of Art. 139 Labor Code of the Russian Federation.
3. Average monthly earnings while a person is looking for a job (no more than 2 months including severance pay). It is important not to forget that in order to receive money you need to write an application and confirm your lack of work by presenting your work book.

If a person applied to the employment service, but could not find a position suitable for his qualifications within 2 months, then he can claim 1 average salary for the 3rd month, provided that he provides the employer with a decision from the employment service.

Situations in which a person is deprived of money due to him by law are not uncommon. Many enterprises carry out mass layoff procedures in violation of legal norms, as a result of which ordinary people, conscientious employees, suffer.

Lawyers give the following useful tips that will help protect yourself when downsizing:

1. You cannot sign documents that have a date that has already passed or has not yet arrived. You should always look at the date when signing.
2. If the employer did not tell about the upcoming layoff 2 months in advance or did not take a receipt that the person heard this news, then the warning is considered invalid. The only exception is a situation in which the employer reads the text of the warning out loud, in front of witnesses.
3. Your preferential right, for example, the presence of 2 dependents, you need to confirm and submit the relevant documents to the commission. It often happens that the employer does not report that a commission has already been collected, and some people who have the right to retain their position simply do not know that it is time to provide documents. You can independently find out about the commission date from the HR department.

The most important thing to remember when resigning is that it is better to register with the employment service immediately, on the same day as the work book was issued. If you need to take the salary for the 2nd or 3rd month from the date of layoff, such an act will help create a good reputation for the employee and increase the chances that the court or employer will cooperate.