When being laid off at work. What payments are due to an employee in case of staff reduction? What payments are provided upon dismissal due to staff reduction?

Sometimes a situation occurs when an employee is fired due to staff reduction. The company's management has the right to do this, however, it is necessary to know all the nuances in order to carry out the procedure according to the law, what compensation payments are due to such an employee and who does not have the right to fire.

Initially, it is necessary to clarify that the employer must announce dismissal to the employee due to staff reduction at the enterprise no less than two calendar months before this date. Moreover, notification must be in writing and the employee must sign for familiarization. If this is not done, he has the right to be reinstated in his position by law. Afterwards, the company must offer the employee new vacancy corresponding to his specialty, if any.

After this period, the relationship between employer and employee is terminated. labor Relations and payments due for staff reduction are drawn up in the form of benefits, which is his average monthly salary. This benefit is paid until the employee finds a new job, but no more than within two months from the date of dismissal.

Let's take a closer look correct order registration of employee dismissal and what payments are due upon layoff.

Dismissal procedure

This procedure is strictly regulated by law and must occur in a strictly sequential order.

Initially, an order is drawn up for the enterprise to reduce staff. Then it happens official notification to the employee or employees about dismissal and offering them another vacancy (if available). After this, it is imperative to notify the trade union and the employment service. At the end of two months, it is necessary to dismiss the employee and pay him benefits.

An order to reduce staff has nothing to do with an order to dismiss. This is the starting point, after which the manager has the right to begin the process of reduction, notification of employees, etc. There is no approved form for such an order, however, it must indicate the date of the upcoming reduction, positions that are planned to be reduced and changes in the staffing table.

After issuing this order, it is necessary to notify the employee or employees whose positions are subject to reduction, but not less than two months in advance. It is issued in writing separately for each employee, in which they are required to sign for receipt. In the notice there must be a date the proposed dismissal, its reason and the offer of other vacancies suitable for the employee according to his specialty, if any.

An important nuance - if at the time of notifying an employee about a reduction in staff there are no vacancies suitable for him, but such vacancies subsequently appear until the day of dismissal, the company is obliged to offer them to the employee. The employee has the right to accept the proposed new position or refuse it.

If the enterprise has a trade union, the employer must notify him of the layoff even those employees who are not members of it, at least two months before the date of dismissal. If for any reason there is a threat of mass layoffs, this period is increased to three months. The same rules exist for reporting planned staff reductions to the employment service.

Upon direct dismissal of an employee an entry is made in the work book that the employment contract was terminated due to a reduction in the organization’s staff on the basis of clause 2, part 1, article 81 of the Labor Code of the Russian Federation.

And now, in more detail, what payments are due to an employee upon layoff.

Entitled payments

According to the Labor Code of the Russian Federation (Article 178), an employee who has lost his position due to staff reduction at the enterprise is entitled to a benefit equal to his average monthly earnings. He must receive this benefit no later than six days from the date of dismissal. In addition, on the day of dismissal the employee is obliged to receive all back wages and compensation behind unused vacation.

Within two weeks from the date of dismissal, former employee has the right to contact the employment service to look for a new place, and if he does not find a suitable vacancy, the enterprise is obliged to pay him another compensation, also equal to the average monthly income. The decision on re-payment of benefits is made by the employment service. An employee has the right to receive such payments for no more than two months from the date of dismissal and only if he has not found a suitable vacancy with the help of the employment service or on his own.

Let’s summarize what payments he is entitled to when an employee is laid off and within what time frame.

Full repayment of all debts on wages and unused vacation is not later in the day dismissals.
Severance pay, which is equal to the average monthly income (no later than six days from the date of dismissal).
Average earnings for the period of employment within two months from the date of dismissal (only if you contact the employment service and there is no suitable vacancy).

There are cases of agreement between the parties when an employee can be dismissed before the expiration of two months after his notice and with his written consent. In such a situation, the employee additional monetary compensation is paid in the amount of average monthly earnings, calculated in proportion to the days remaining before dismissal. This compensation is an additional payment and does not cancel other benefits provided under the Labor Code.

Sometimes there are special cases when an employee refuses to move to another position, but cannot occupy the current one due to:

reinstatement to the position of an employee who previously held it (for example, leaving maternity leave or a court decision);
refusal to move to another city where the position is being transferred;
conscription of an employee into the army;
changes in the employment contract and its terms;
recognition of an employee as incapable of work.

In this situation, he is also subject to layoffs and is entitled to two weeks' average earnings.

How to calculate severance pay?

The calculation of the average monthly salary to calculate the amount of severance pay required for payment is regulated by the Labor Code of the Russian Federation, namely Article 139. In order to calculate it correctly, it is necessary to clearly define the following data:

start and end dates of the month for which benefits are paid;
number of working days (hours at piecework payment) in the month for which compensation is due;
calculate the average daily earnings (or average hourly earnings).

After receiving all this data, it is calculated average monthly earnings, which is the amount of severance pay. It is subsequently the required compensation paid to the employee within two months if he does not find a new job.

When calculating average monthly earnings, a period of 12 months is taken that preceded the month the employee was dismissed. For the calculation, only those amounts are taken that relate to wages (direct remuneration of the employee) and do not take into account possible compensation that occurred during the calculation period, namely:

direct salary (rate);
additional payments for increased qualifications of an employee;
additional payments for the quality, quantity or complexity of work;
bonuses and other incentive payments;
compensatory bonuses and additional payments related directly to labor (related to the employee’s fulfillment of his labor obligations).

Compensations that are not included in the billing period include those that are not related to the work process. This payment by sick leave and compensation for unused vacation, if it was accrued during the period taken for calculation.

The nuances of compensation during the period of employment

In order to receive the average earnings due for the second month of employment, former employee must provide evidence that he still couldn't find new job. The supporting document in this situation will be the work book, the entries in which will show whether he has already found a job or not.

This redundancy payment is compensation former employee for the period of employment, respectively, as soon as he finds a new job under an employment contract, he loses his right to receive it. That is why average monthly earnings are always paid only at the end of each calendar month from the date of dismissal of the employee due to staff reduction. Moreover, if he finds a job in the middle of this period, he has the right to compensation payment for the days that he was in search before he was registered at a new place of work.

Severance pay has nothing to do with this - it is compensation for loss of work and is paid even if the dismissed employee finds a job the very next day.

Legislative aspects

When dismissing employees due to staff reduction, there are a number of legislative subtleties and nuances that must be known and observed so that no claims can arise against the employer.

According to Article 261 Labor Code RF A woman cannot be laid off, expecting a child. Even if she works on the basis of a fixed-term employment contract, after providing medical certificate, the employer is obliged to renew her contract. The only legal option for reduction in this case is if she held the position of another employee due to his temporary absence, and there is no possibility of transferring her to another vacancy.

They also do not have the right to fire a woman who has children under three years old, a single mother raising a child under fourteen years old, or a disabled child under eighteen years old due to layoffs.

Teachers and other education workers do not have the right to be fired due to layoffs before the end of the school year.

When reducing staff, if there is a question of dismissal between several employees, there is a moment of pre-emptive right. It is primarily possessed by employees who have higher qualifications or labor productivity. If there are no such indicators or they are equal, then the following have the advantage of remaining in the position:

family workers who are the sole breadwinners.
family workers who support two or more dependents.
employees who received an occupational disease or work injury at this place of work.
employees who improve their qualifications for their position without interruption from work.

It is also worth remembering that compensation payments for layoffs to an employee working part-time are not due, since he has a main place of work.

If an employee is laid off after working in the organization for less than six months, he are still required to pay compensation for unused vacation.

By agreement of the parties, the employer may dismiss an employee without notice two months in advance, while retaining all compensation payments, but only with the written consent of the latter. If such an agreement is not reached between the parties, the reduction procedure occurs as usual.

Going to court

If an employer, when reducing staff, violates the rights of a dismissed employee, the latter always has the right to go to court. The deadline for filing a claim is thirty calendar days from the date of dismissal (receipt of a copy of the order or work book).

Unfortunately, there are facts when an employer, wanting to save money and taking advantage of the employee’s ignorance of the labor code, violates the law and forces the employee to write a statement on at will, occur quite often. That's why you need to know your rights and not be afraid to defend them in court. If the court finds such a dismissal illegal, the employer will be required to reissue the documents and pay all required compensation, or possibly reinstate the employee with payment for forced absence.

The procedure for reducing staff - step-by-step instruction it is described in the Labor Code of the Russian Federation, and additional explanations are provided Supreme Court RF. This article describes how to carry out staff reductions correctly from the point of view of the law.

How to properly lay off an employee due to staff reduction: procedure

You can legally dismiss an employee by following step-by-step instructions on reducing the number of employees and a number of rules:

Offer all available vacancies that correspond to the employee’s qualifications (Article 81 of the Labor Code of the Russian Federation).
When choosing employees for redundancy, remember about the preferential right to remain at work and the impossibility of dismissing some employees under the Labor Code of the Russian Federation (Article 179 of the Labor Code of the Russian Federation).
Pay compensation provided for by current legislation and local acts of the organization (Articles 178, 180 of the Labor Code of the Russian Federation).

Step-by-step reduction of staff includes the following stages:

Informing employees about the upcoming staff reduction in accordance with Art. 180, 296, 318 Labor Code of the Russian Federation.
Informing the trade union body about the upcoming reduction. By general rule Part 1 Art. 82 of the Labor Code of the Russian Federation, it is carried out 2 months before dismissal. If we are talking about mass dismissal, then notice must be given 3 months in advance.
Offering laid-off employees all possible vacancies that meet their qualifications, according to Part 1 of Art. 180 Labor Code of the Russian Federation.
Registration of dismissal of employees who decided to dismiss before the expiration of the established period. In this case, it is obligatory to pay all required compensations, taking into account additional early dismissal according to Part 3 of Art. 180 Labor Code of the Russian Federation.
Dismissal of employees after the expiration of the period specified in the notices.

How to properly notify an employee of dismissal under the article on staff reduction

Talking about how to properly lay off an employee due to staff reduction must take into account the obligation to warn the employee about the upcoming dismissal. It is necessary to comply with the procedure and timing of such warning.

Regarding the deadline for reducing the number of employees, Article 180 of the Labor Code of the Russian Federation states that the minimum warning threshold for an employee is 2 months. The employer can give a longer notice; the law does not contain restrictions of this kind. The parties have the right to agree on early dismissal.

The second important aspect is the form of warning. Notification is always made in writing, signed, individually for each employee. The law does not establish a strict form for such notice, but it is important that it indicates the grounds for dismissal and deadlines.

The law does not specify exactly how the notice must be sent. The main thing is that it be drawn up in writing, delivered against signature and in person. In the best case, it should be handed directly to the employee, but this is not always possible. IN as a last resort the notice can be sent by registered mail, for example, if the employee is sent on a long-term trip.

It is in the employer’s interests to draw up the notice in 2 copies and keep a copy signed by the employee.

Who can't be fired

The law distinguishes 2 separate categories employees are those who:

cannot be laid off due to staff reduction under any circumstances;
enjoy preferential right to remain at work.

employees who are pregnant;
employees raising children under 3 years of age;
single mothers raising a disabled minor;
single mothers raising a child under 14 years of age;
employees raising a child without a mother;
sole breadwinners of a disabled minor;
sole breadwinners of a child under 3 years of age large family, provided that three children are minors and the second parent is not employed.

Art. 81 of the Labor Code of the Russian Federation supplements this list with employees on vacation or disabled, because dismissal at the initiative of the employer during this period is prohibited.

Preferential right to remain at work

Priority when remaining at work is determined primarily by the Labor Code of the Russian Federation, but additional categories of workers may enjoy this right on the basis of a collective agreement.

In Art. 179 of the Labor Code of the Russian Federation defines categories of workers who have an advantage when choosing persons to be laid off. The main thing that an employer should focus on when choosing employees to keep at work is:

qualification;
labor productivity.

Preference is given to those with higher indicators. If they are equal, then priority under Part 2 of Art. 179 of the Labor Code of the Russian Federation is given to:

persons who have a family in which they have 2 or more dependents to support (in this case, the assistance received by the dependent must be permanent, being the main source of finance for subsistence);
employees who improve their qualifications on the job;
sole breadwinner in the family;
employees who, while working at the enterprise where the reduction is taking place, received Occupational Illness or injury;
disabled people of the Second World War and other disabled people who became disabled as a result of participating in hostilities to defend the Motherland.

Problems may arise when an employee feels that the employer has unfairly selected him for layoffs and that his work productivity is higher than that of the retained employees. In such a situation, he can go to court. An example of proving such a fact and taking it into account by the court is the decision of the Bogatovsky District Court dated February 26, 2015 No. 2-60/2015 2-60/2015~M-42/2015 M-42/2015.

What are the guarantees and compensation for dismissed employees?

Art. 178, part 3 art. 180 of the Labor Code of the Russian Federation guarantees such employees:

Full payment for all time worked in the last working month.
Cash compensation for unused vacation.
Severance pay in the amount of average monthly earnings.
Average monthly earnings for 2 months as a period of employment, including severance pay. The period for maintaining earnings can be increased to 3 months by decision of the employment authority if the employee registers with it within 2 weeks after termination of the employment contract and is not employed. For workers in the Far North, this period can be increased to six months under Art. 318 Labor Code of the Russian Federation.

For early dismissed employees, additional compensation is provided - average earnings for the entire time for which the period of work was shortened after the warning, including when the warning was given more than 2 months in advance or its validity period was extended (appeal ruling of the Sverdlovsk Regional Court dated 02.14.2018 to case No. 33-2730/2018).

An exception when calculating severance pay is made for seasonal workers. For them, it is paid in the amount of average earnings for 14 days.

What are the features of part-time job reduction?

Part-time work under Art. 60.1 of the Labor Code of the Russian Federation is the performance of other work in free time from the main job with the same employer or with another.

At the same time, the law does not make an exception regarding the procedure for dismissing a part-time worker on the basis of Part 2 of Art. 81 of the Labor Code of the Russian Federation, and Art. 287 of the Labor Code of the Russian Federation says that guarantees are provided to such employees in full, with the exception that part-time workers cannot count on additional guarantees provided to employees of the Far North. They are provided only at the main place of work.

Regardless of whether the employee is an external or internal part-time worker, he must be informed 2 months in advance about the upcoming reduction of his position and receive all possible offers of vacancies that he can occupy due to his qualifications. In case of refusal, he is dismissed according to the general rules.

IMPORTANT! For each place of work, the parties enter into an independent employment contract, and an order is issued to hire the employee for the position.

This means that the layoff of a part-time employee during a reduction in staff is not grounds for his dismissal from his main position, even if we are talking about an internal part-time job.

Grounds for challenging the dismissal of an employee due to staff reduction

Going to court to challenge dismissal due to staff reduction is not uncommon. The basis for the consideration of such cases was laid by the Constitutional Court of the Russian Federation, determining that the personnel policy of an enterprise falls under the jurisdiction of the employer and he has the right, at his discretion, to carry out a reasonable reduction in staff in accordance with the norms of the current legislation (for example, the Constitutional Court’s ruling dated December 22, 2015 No. 2768-O).

Among the grounds for an employee’s position in disputes regarding staff reductions, it is worth noting:

Violation by the employer of the staff reduction procedure. The burden of proving compliance lies with the employer. Thus, the Sovetsky District Court of Samara made a decision on July 5, 2017 in case No. 2-2200/2017, satisfying the plaintiff’s demands, since the employer was unable to document compliance with the staff reduction procedure.
Dismissal of an employee for reasons other than actual staff reduction. To establish such facts, the court takes into account the actual change in the number of departments. An example of this is the decision of the Buinaksk City Court dated June 29, 2017 in case No. 2-467/2017.

So, making a decision to reduce the number of employees is entirely within the responsibility of the employer. However, at the same time, he must comply with all legal requirements relating to the process of reduction, payment of compensation and preservation of guarantees to former employees.

What is behind the phrase “dismissal due to staff reduction”? What does this mean from the point of view of the Labor Code? What obligations does the employer have to the employee in this case? What rights does a laid-off employee have, what compensation is provided by law?

For an employee, any dismissal that occurs not on his initiative, but at the request of the employer, is unpleasant. Among such ways to get rid of an employee, dismissal due to staff reduction can be considered one of the rather “soft” options - according to at least, if we rely on the norms of the Labor Code.

However, in reality, a reduction often looks completely different, because with this wording an unscrupulous employer sometimes covers up any dismissal of unwanted employees, including sudden dismissal and without any compensation to the employee. From a legal point of view, this is absolutely illegal: staff reductions must occur exactly in accordance with the procedure described in detail in the Labor Code of the Russian Federation. Therefore, such a pseudo-reduction can easily create problems for the employer himself: once you get an employee who is more or less legally literate, the company can get into serious trouble.

Other employers do exactly the opposite: when carrying out reductions, they do their best to fire employees under any article of the Labor Code, except for paragraph 2 of Article 81 of the Labor Code of the Russian Federation, which should be used when reducing the number or staff of employees. The reason is simple: dismissal due to staff reduction involves a fairly significant package of guarantees for the employee and payment of monetary compensation for some time.

Of course, on the one hand, employers can quite understand: the company found itself in difficult situation, it needs to reduce costs, including personnel costs. But if the company’s actions in optimizing the number of employees occur in violation of labor laws, then the employees ultimately have to pay for it. Therefore, in this “legal field” everyone plays for himself: the employer and employee in this case have opposing interests.

Reduction according to the rules

How it should happen legal dismissal for staff reductions? Let's look at the most important points:

1. The company is obliged to notify employees in advance - at least two months in advance - about the reduction in the number of personnel or staff of the organization (the number of personnel and the staff of the organization are not the same thing), or about the liquidation of the company. Wherein general meeting or the announcement at the stand is not enough. Each employee must personally sign to confirm that he received this information at least two months before the planned date of dismissal. No oral discussions or agreements are taken into account; there must be a written notification.

2. If we are not talking about the complete liquidation of the company, but about reorganization or downsizing, then the employer is obliged to offer the laid-off employees all vacant positions that correspond to their qualifications and professional experience. Part three of Article 81 of the Labor Code of the Russian Federation obliges him to do this. In practice, employees most often do not know about this obligation of the employer, and the latter is in no hurry to take on “extra” obligations: if you cut them, then cut them!

3. Financial obligations of the employer. It is the reluctance to fulfill this point that makes some employers “run away” from the wording “dismissal due to staff reduction.”

According to the law, from the moment the employee is notified of the upcoming layoff until the moment of dismissal, the employee has the right to receive salary three more times. The first two salaries are paid for the two months that the employee continues to work until the dismissal, and the company must pay another one to the employee on the day of dismissal. This final payment is called severance pay. In accordance with Part 1 of Article 178 of the Labor Code of the Russian Federation, the amount of severance pay must be no less than the average monthly earnings of the dismissed employee. If the collective or labor agreement specifies an increased amount of severance pay, then the employer will be obliged to pay exactly this amount.

In practice, many workers, although considered dismissed “due to redundancy,” do not receive the payments due to them by law - simply because they do not know about their rights or are not ready to defend them.

4. Financial compensation for the employee does not end there. More precisely, they don’t always end. Paragraph one states that the employee must be notified of the layoff at least two months before dismissal. But if an employee agrees to terminate the employment contract early, then he has the right to receive another financial compensation. It is also calculated based on average monthly earnings, proportional to the time remaining until the date of actual dismissal. This requires the consent of the employee, and oral agreements do not exist here either. legal force: the employee’s consent must be expressed in writing.

5. Often, an employee laid off due to redundancy can receive two additional salaries - for the second and third months after losing his job. These compensations are paid if the former employee did not manage to find a new job during this time. However, to receive this payment, you must register with the employment service, and no later than within two weeks after dismissal.

If the employment service specialists were unable to find a job suitable for the laid-off employee in terms of qualification level, then the former employer must pay two more salaries. To do this, you need to provide documents to the accounting department of your former employer stating that you are registered with the employment service and have not yet found a job (to prove this, you need to present a work book that has not yet been cancelled).

A fairly common situation is when an employee is informed about an upcoming layoff, but at the same time is persuaded to write a letter of resignation of his own free will or by agreement of the parties. At the same time, the employer most often does not explain the difference “point by point”, but simply states as an argument that between these different types layoffs make “virtually no difference.” At the same time, emphasis is often placed on the fact that “dismissal of one’s own free will” is a familiar and standard formulation, which, as it were, transfers the initiative into the hands of the employee and thereby supposedly makes it easier for him to find next job. In such cases, the employer is, in fact, not concerned about how easily and quickly an almost former employee will find a job, but about the opportunity to save a decent amount on paying compensation to a dismissed employee. Because dismissal of one’s own free will, as well as dismissal by agreement of the parties, does not give the employee any right to receive compensation. Therefore, it makes sense to “not behave” and demand that the basis for dismissal be specified as a reduction in staff and the corresponding article of the Labor Code.

Why do you need to register with the labor exchange?

Of course, if you are left without a job, you need to take the initiative into your own hands: independently look for vacancies in magazines and newspapers, look for suitable vacancies on websites dedicated to job searches, send out your resume, go to interviews, etc. In a free labor market, a person can only find his dream job on his own; the state will not do this for him.

However, if you are laid off due to redundancy, you are entitled to government compensation and payments, and for this you need to register with the state labor exchange. If within ten days from the date of contacting the employment service you cannot be employed, you will receive the status of unemployed, and the unemployed are entitled to monthly allowance. It is small, but in some cases it is still better to receive it than to receive nothing. First of all, this applies to depressed regions with an underdeveloped labor market, where it is difficult to find a new job for objective reasons. Payment of unemployment benefits will begin after all compensation payments from the former employer have ended.

As we noted above, getting an excellent and promising work You most likely won’t be able to do this from the employment service; you will need to do this yourself. But registering as unemployed will allow you to legally count on benefits while continuing to look for work. At the same time, employment service workers should offer you several options that correspond to specific parameters. This includes: your skill level and previous professional experience, working conditions (they should be no worse than at the previous place of work). In addition, you must be able to get to your new job using transportation every day. If you twice refuse options that formally suit you, the state has the right to stop paying unemployment benefits.

If the reduction is carried out incorrectly

If you believe that your rights were violated during layoffs, you can contact the labor inspectorate, court or prosecutor's office. It is not profitable for companies to sue, especially if the outcome of the process may not be in the company’s favor. Because in this case, the company will have to pay not only compensation to the former employee, but also fines to the state, as well as pay all legal costs. Therefore many litigation between employees and the employer end in a settlement agreement already at the first stage: the company pays the required amounts or part of them (this depends on the terms of the settlement agreement).

If you are planning to defend your interests in court, then you need to remember very important point: a claim can be filed within one month from the date of dismissal. After this, the court will simply refuse to accept your claim - because the deadline for filing it has expired. Employees often fall into the trap of these time restrictions and decide that first they will still try to find a new job, and if they cannot do this quickly, then they will sue their former employer. In the meantime, the deadline for filing a claim passes, and with it the opportunity to obtain compensation from the former employer through the court.

But even in this case, the employee has one more option: he can contact the state labor inspectorate or the prosecutor’s office. Appeals to these authorities are not limited by any specific deadlines. In both cases, you will need to submit a written application. It should briefly describe the situation and state the essence of the claims against the employer.

The main thing to understand is that the difference between a reduction “on paper” and in reality can be quite significant. By law, in some cases, a laid-off employee may receive financial compensation from his former employer for five months (almost six months!) from the date of notification of the upcoming layoff.

But in reality, many workers claim that they were “laid off”, but no compensation (according to the most various reasons) they never received it. At the same time, it is precisely the mechanism for laying off employees that is spelled out quite clearly in the Labor Code, which means that the employee’s chances of achieving compensation are very high. To do this, you need to “learn” your rights and learn to defend them.

What an employer should do in the event of a layoff is written in detail in Art. 81-82 of the Labor Code of the Russian Federation. You must notify employees of the upcoming layoff no later than 2 months before the date of dismissal. In some cases, the notification period can be up to 3 months. Moreover, employees must be notified in writing and against signature. In addition, you must submit information about the upcoming layoff to the employment service authorities and the representative body of workers (trade union), if it has been created and operates at your enterprise

In the event that the basis for staff reduction is the abolition of positions or vacancies, draw up and approve a new staffing table. These measures will allow you to legally formalize the layoff and protect yourself in case employees try to challenge it in court.

As for the employee, you can challenge the employer’s decision in case of violation of the above points of the regulations or in case of failure to pay the required salary for two months. If you do not find a job during this period, your former company will be obliged to pay you a salary for the third month of forced idleness.

Cash payments and due compensation must be accrued and issued to you on the last day of work. In the event that you were no longer working that day, the money, according to Art. 140 of the Labor Code of the Russian Federation, you are required to pay in full the next day after applying for them. The total amount includes: salary for the last month of work, compensation for unused main and additional leave, severance pay in the amount of average monthly earnings. The average earnings are retained by you for a period of no more than two months from the date of dismissal for the period while you are looking for work.

On your last working day at this enterprise, you should also receive a work book in which your dismissal will be recorded, and all your other work-related documents. After receiving the calculation, please contact us for further information. compensation payments only to the territorial employment service.

IN in this case the dismissal of an employee occurs at the initiative of the employer and arises as a result of a reduction staffing units or positions in the enterprise and is regulated by Article 81 of the Labor Code. Let's look at the step-by-step procedure, the compensation due to the employee and some of the nuances that may arise. We will also determine which categories of citizens fall under this formulation and which do not.

General concepts

Downsizing is a fairly legal tool that an employer resorts to when wanting to “optimize” its workforce. But in turn, this can cause a number of problems and additional financial burden for the employer, so they often resort to the trick - “you were laid off, write a statement on your own - this wording is better.” It all depends, among other things, on the initiator of the process.

Of course, all actions during such dismissal must be observed in accordance with the law and deviations from it can cause problems for the organization. Therefore, it is in the employer’s interests to do everything right so that the employee does not go to court.

The employee has the preemptive right not to be laid off

It is worth noting an important point that when forming a list of employees, certain categories have an advantage:

During the period when the employee is on vacation
In case of temporary disability
It is forbidden to fire next employees– pregnant women and women who have a small child under 3 years of age
A single mother who is raising a child under 18 years of age who is disabled or a minor under 14 years of age
An employee with higher performance indicators and qualifications should be retained.
If the choice fell on employees who are in equal positions, then priority is given to family employees who have 2 or more dependents; in whose family there are no other persons with independent income; received an occupational disease or work injury from the employer; participants in hostilities or WWII; workers who improved their skills without interruption from production.

Attention! If such requirements are not met, the employee may contact the labor inspectorate. After compiling the list, the employer must make the following actions, which we will describe step by step.

Dismissal due to staff reduction step by step instructions

Step 1. Issuing an order to carry out reductions

For the legality of actions it is necessary to issue an order. For understanding, we note that the dismissal order and the order to reduce staff are different documents. The form of the order to carry out staff reduction measures does not have an approved form, however, its preparation requires a responsible approach. It must reflect the date of reduction and reflect changes made to the staffing table. A new approved staffing table will also be required.

Step 2. Notifying employees, offering other vacancies

According to the rules of the Labor Code, the employer is obliged to notify the employee 2 months before the reduction of staff, number of personnel, or in the event of liquidation (bankruptcy) of the company. Based decision taken a new staffing table and an order are issued, which is communicated against signature to each employee who has been laid off.

In the event of reorganization or reduction, but not liquidation, the employer’s responsibility is to offer employees who have been laid off all vacant positions corresponding to their experience and qualifications (clause 3 of Article 81 of the Labor Code). But in practice, the organization simply “forgets” about this, and employees simply do not know about it.

Important! The employer must, as vacancies arise at the enterprise, offer them to those being laid off until the appointed day of dismissal.

Upon receipt of a notification regarding the proposed vacancies, the employee has the right to accept such a place or not. In the first case, the employee is transferred, and in the second, the employee is fired.

Important! If the employer did not offer employees other vacancies, then such a reduction may be recognized as illegal.

Step 3. Notification of the trade union organization and employment authorities

If there is a trade union organization, it must also be notified of the reduction taking place. The issue of timing was controversial for some time, but according to definition No. 201-O-P, which was issued on January 15, 2008, the timing was determined - to notify 2 months before the date of layoffs, in the case of mass actions - 3 months.

The opinion of the trade union organization must be sent to the employer within 7 days, otherwise it will not be taken into account. If the trade union does not agree on the fact of dismissal, consultations must be held within 3 days, and they should be recorded. If consent to these actions and agreements was not reached within 10 working days, the employer has the right to make a final decision on the reduction.

By the same principle, it is necessary to notify the employment service. Notifications were approved by government decree as amended No. 1469 dated December 24, 2014 - in case of layoffs at the enterprise, 2 months in advance (download the notification form, according to Appendix No. 1) or in case of mass layoffs, then 3 months in advance (download the form, according to Appendix No. 2).

Step 4. Order of dismissal

To finally initiate dismissal, it is necessary to issue an order in the T-8 form. In this case, in the “grounds” column, you should indicate the reason for dismissal - due to staff reduction. After this, the order must be signed by the director and also, after review, signed by the employee.

Step 5. Entry in the work book

Next, you should enter the appropriate wording into the work book, in which you should display the reason - reduction, referring to the article of the Labor Code. For example, “The employment contract was terminated due to a reduction in the organization’s workforce, clause 2, part 1, art. 81 Labor Code of the Russian Federation."

Step 6. Entry in the labor record book and employee card

Simultaneously with the issuance of a work book to an employee, you should obtain a signature from him in the journal for issuing work books. And then you need to enter data into the employee’s personal card - the date of dismissal and the reason.

Step 7. Dismissal due to staff reduction and payment of benefits

Let's look at what benefits and payments are due to an employee. It is the fulfillment of obligations under this clause that pushes the employer to negotiate with the employee, and sometimes even intimidate him, into writing a statement of his own free will. Payments are regulated by Art. 178 TK.

Upon dismissal due to staff reduction, the employee is entitled to severance pay, which is the amount of one average monthly salary, and the average monthly salary is also retained for the period of his employment, not exceeding 2 months. Upon dismissal, the employee is given a certificate of his average monthly earnings (including the amount of severance pay). If the employee is not employed within 2 months, the organization is obliged to pay the employee for another 2 months.

To receive these compensations, the employee must register with the employment service. IN exceptional cases By decision of the service, the employee may be paid for the third month. To receive the payment, the employee must provide the employer with his or her work record book, which contains no employment records, including an application. Payments are made after 2 months from the date of dismissal.

Read also: Certificate confirming study leave

In addition, the employee is due standard payments - compensation for unused vacation (if any) and along with it a calculation for days worked.

There is also early dismissal of an employee if he signs a written consent. In this case, he is paid ahead of schedule all payments due, including for the period before the end of the work period.

After signing the documents, the employee must be paid on the last day of his work.

Appealing actions by an employee in court

In case of unlawful actions, the employee has the right to sue and appeal the decision. To do this, within a month from the date of receipt of a copy of the dismissal order (or receipt of the work report, or from the date of refusal to receive the order or work report under Article 392, Part 1 of the Labor Code), it is necessary to submit an application to the district court to recognize such dismissal as illegal, as well as to impose a penalty from the employer during his absence the amount of average earnings.

By a court decision, the employee may be reinstated at his previous place of work and may also be able to recover an amount of compensation in his favor for the time he was absent. In particular, they can change the wording according to which the employee was dismissed to dismissal at his own request (Parts 3, 4 of Article 394 of the Labor Code), as well as award moral compensation.

You might also be interested

An article on the liability of employers in case of delay in payment of wages.
Dismissal by agreement of the parties, pros and cons.
Dismissal for absenteeism step by step instructions.
Dismissal at your own request.

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Employee rights upon redundancy

IN Lately downsizing has become a fairly common procedure. This is due to the employer’s desire to make the enterprise more efficient. However, in this case, ordinary workers may suffer. Having poor knowledge of the law, not all of them know the rights of an employee during layoffs. Many are afraid that, taking advantage of this, the administration may violate the guarantees provided to the laid-off employee and not make all the necessary payments.

Everyone needs to know the rights of an employee during redundancy.

Employers, in turn, strive to fully respect the rights of those dismissed due to staff reduction, to complete all the formalities of dismissal of this type, so that the subsequent dismissal cannot be considered illegal. After all, this may entail additional financial losses for the employer, such as paying for forced absence.

Main steps

High-quality preparation for the reduction is also necessary to retain in the company the employees necessary for the smooth and effective operation of the organization. Mistakes, insufficient planning and downsizing can result in both serious financial losses and significant administrative and legal consequences.

What actions should a company take before announcing a planned workforce reduction? It depends on the internal situation at the enterprise:

reasons why this decision was made (decrease in production volumes, liquidation or bankruptcy of the company, cost reduction, etc.)>
what is the general financial situation in the company (is it possible to pay compensation, pay for retraining, provide employment for laid-off employees)>
Is there a trade union organization in the company?

The role of the trade union committee

If there is a trade union at an enterprise, it, as a rule, strives to fully protect the rights of workers. Elected trade union bodies have certain rights:

monitor compliance with the procedure for staff reduction measures>
make proposals for changing the approach to reductions, optimizing the ongoing dismissal process, and so on.

What does the Labor Code say?

An employer has the right to dismiss an employee due to staff reduction only when:

there is no possibility of its translation,
with his consent,
to another position (possibly with retraining).

The employer can offer the employee not only positions that correspond to his specialty and qualifications, but also other work that the employee can perform taking into account his existing education, health status and practical skills. If the employee agrees, the employer arranges his transfer to another position. If an employee refuses the work provided for another position or if the administration does not have the opportunity to provide another job, then dismissal occurs due to staff reduction under the Labor Code.

Employees not subject to dismissal

However, not every employee can be fired due to staff reduction. The workers themselves and the trade union organization must carefully ensure that employee rights are not violated during layoffs. Some employees cannot be dismissed on the following grounds:

women with children under three years old>
pregnant women>
single mothers with children under 14 years of age (if the child is disabled, then up to 18 children)>
a man who is on parental leave instead of his mother>
a man raising children without a mother (in the event of her death, deprivation of parental rights, long-term stay in a medical hospital for more than 1 month, other reasons)>
an employee who is a guardian of children of this age.

In addition, an employee on sick leave (temporary disability) is not subject to dismissal.

Who is left at work?

There is a fairly extensive list of categories of employees who have a preferential right to remain at work in case of staff reduction:

workers with higher qualifications, labor productivity>
family persons who have at least two dependent people>
employees in whose families there are no other employees with independent income>
disabled people>
combat veterans.

Notice of dismissal

The employer must respect the rights of those dismissed due to redundancy

The employer is obliged to warn the employee in writing about his dismissal due to staff reduction at least 2 months before the planned date of dismissal. Before the expiration of this period, the administration cannot dismiss an employee without his consent, otherwise there will be a violation of the employee’s rights during staff reduction.

To restore his rights, an employee can go to court, which can change the date of dismissal. In addition, the employer will be forced to pay the employee the average salary for the entire period of forced absence (starting from the moment of dismissal and ending with the end date of the notice period).

In addition, the employee receives the right to reduced pay working week when warning about staff reductions. After receiving notice of the reduction of his position, the employee has the right to leave for 4 hours a week for the next two months remaining before the date appointed for dismissal workplace to find a job.

Compensation in lieu of notice

In exchange for notice of dismissal upon layoff, the employee has the right to receive monetary compensation from the employer, which will be equal to two months’ average earnings. The administration may offer such compensation during the entire two months for which the notice is issued. However, the amount of compensation will be calculated in proportion to the time remaining before the end of the notice period. In this case, the administration dismisses the employee without waiting for the end of the notice period, at the same time, in the work book in the column “grounds for dismissal” there will be an entry “dismissed due to staff reduction.”

Payment of compensation does not relieve the employer of the obligation to pay severance pay to the employee. The right to accept or not accept this offer remains with the employee.

Compensation and benefits in connection with layoffs

On the last working day, a full settlement must be made with the employee and all benefits and compensation due to him must be paid. If the employee did not have a working day, then all cash must be paid after the employee applies:

salary per month worked>
severance pay (equal to average monthly earnings, paid for two months)>
If an employee has not used his vacation before the date of dismissal, he receives compensation for vacation days.

The right to leave upon dismissal due to staff reduction implies receiving another or additional leave. But in this case, he will be deprived of the right to compensation, and the dismissal procedure will continue after he returns from vacation.

In addition, other payments or increases in severance pay are possible, which are provided for in the labor or collective agreement.

Read also: Dismissal due to moving to a new place of residence article of the Labor Code of the Russian Federation

If the layoff falls on vacation

Employee rights in case of staff reduction can be found in the Labor Code of the Russian Federation

According to the labor code, during vacation the employee is relieved from performing official duties, and therefore from the obligation to carry out any orders of the employer. An employee has the right to rest during vacation. He shouldn't be looking for a job. To do this, a notice period is provided, which is a measure aimed at minimizing the consequences of job loss.

Since the loss of a job caused by dismissal due to staff reduction is not due to the employee’s fault, it is fair to recognize the employee’s right to demand that vacation time not be included in the notice period for dismissal. Otherwise, the employee’s right to rest is violated.

There is no direct prohibition in the law from notifying an employee about the dismissal procedure during the vacation period. Therefore, the employer may try to take advantage of this, thereby harming the interests of the employee.

Since the vacancy situation may change significantly during the notice period, an employee who has been made redundant while on leave may be able to apply for new positions that have appeared. In addition, while an employee is on vacation, the company is forced to limit itself in hiring other employees, since the corresponding positions must first be offered to the dismissed employee, and there are insufficient grounds for recalling him from vacation.

Reduction at work: employee rights

September 5, 2016

Dismissal of employees due to staff reduction is a long and very responsible process for any employer. Because it involves notification of persons subject to reduction two months before the date of its implementation, as well as payment to them of all due funds that must be issued on the last day labor activity. In addition, the employer must offer available vacancies to this category of subordinates, and also not allow the hiring of new people.

Preparing for downsizing

Before carrying out layoffs due to staff reductions, the employer must fulfill several conditions:

- change the existing staffing table or approve a new one, which would show the impossibility of expanding the staff beyond the positions assigned to it;

- notify subordinates about this 2 months in advance;

- offer workers other vacancies that are available in the organization;

— notify employment authorities within the period specified by law.

If a citizen already knows in advance that there is a layoff at work and that he is subject to it, then he can immediately discuss this issue with his manager. After all, you can receive all the necessary payments earlier than two months and quickly find a new vacant position, if, of course, you can’t stay in your current position.

Laying off due to redundancy is expensive

In reality, dismissal of employees due to staff reduction is not only a time-consuming, but also not a very cheap procedure. The boss needs to pay people not only wages and compensation for vacation that was not used, but also severance pay for two months. In addition, if a citizen, after being laid off, registers with the employment center no later than ten days from the date of his dismissal and is not employed, then in this case he will receive a cash benefit from the previous manager for the third month. That is why many employers try to make their subordinates subject to voluntary dismissal. Then you won’t have to pay them so much money.

If there is a layoff at work, but the boss still forced the unwanted employee to leave of his own free will, such dismissal can be appealed in court. Only for this you will need testimony and documentary confirmation this fact. Otherwise, it will be simply impossible for a subordinate to be reinstated at work and receive all the money due.

Notification

The manager warns the employee about the upcoming layoff 2 months in advance. The notice is drawn up in writing and handed to the person against signature. Otherwise, the employee will not be considered aware of the upcoming dismissal, which may subsequently cause his boss big troubles, even leading to litigation.

In a situation where there is a layoff at work, the employee’s rights should not be infringed by his boss. The latter is obliged to offer the former all available vacancies, which may be specified in the notification itself.

The redundancy notice looks like this:

00.00.00 _______________

Dear __________________ (employee’s full name)!

We notify you that due to staff reductions, the position you hold _____________ is subject to reduction __________ (the number taking into account two months from the specified date of notification).

We offer you a choice of available vacancies ______________ (name of vacancies). If you agree to work in a different position, please inform the HR department of the organization (name) to the HR specialist in writing before the expiration of a two-month period from the date of receipt of the notification.

Sincerely, Director of LLC ________________ (signature transcript).

From the moment the subordinate was notified of the upcoming reduction, a two-month period begins to expire, after which he is subject to dismissal with all payments due to him, unless, of course, he agrees to another proposed vacancy.

When dismissing a person on the basis of clause 2 of part 1 of Article 81 of the Labor Code of the Russian Federation, the manager must pay him in full and pay:

- Salary for the entire period of work.

— Compensation for vacation if it was not used. If the employee has already been on vacation, but the period has not been fully worked out, then in the event of a reduction, deductions from his salary are not made for this.

— Severance pay in the amount of two months’ earnings. If, after dismissal, an employee applied to the employment authorities, but was not employed, he retains this earnings for the 3rd month. In this case, you need to provide the former management with your work book or a certificate from the employment center that he is registered with them.

Full payment to the employee must be made on the last day of his work, otherwise this will be a violation of Article 140 of the Labor Code.

Right to keep your job

If there is a layoff at work, then only those persons with the highest labor productivity and qualifications have a priority right to retain their jobs.

In the case where all employees have the same productivity and high qualifications, preference should be given to the employee who:

- has two or more dependents for support, for whom the salary this person is the main source of existence;

- is the sole breadwinner of the family if none of its members has a job or other income;

- acquired an illness while performing work or other serious injury in this organization;

- is disabled Great Patriotic War or a disabled person who was injured during the defense of the Fatherland;

— improves his level of education in the direction of management without interruption from work.

Paperwork

After all the measures taken related to dismissal due to staff reduction, the moment comes when the employee must be given the work book and all the payments due. After this, he must sign the order confirming this fact.

When preparing an order, the organization’s personnel specialist must indicate in it the exact wording of the grounds for dismissal, indicating the paragraph, part and article of the Labor Code. After this, fill out the work book, put your signature on it and certify all this with the seal of the organization. The entry in the employment record should be as follows: “Dismissed due to staff reduction on the basis of clause 2 of part 1 of Article 81 of the Labor Code of the Russian Federation.” Other formulations are not used because the citizen is fired from work due to layoffs and not due to other circumstances.

All documents related to the person’s work activities, as well as all funds due to him, must be issued to the employee on the day of dismissal.

Inadmissible moments

At a time when there is a layoff at work, it is unacceptable to accept new people into existing vacant positions. It will be serious violation on the part of the manager, since he must offer these vacant positions only to persons who are at risk of dismissal on this basis. The level of education of workers does not matter in this case.

It is unacceptable, in the final financial calculation, to deduct from an employee’s salary for annual leave that has already been granted, if 12 months have not been fully worked out.

In a situation where there is a layoff at work, the employee’s rights cannot in any way be infringed upon by management. This primarily applies to timely payments, otherwise the dismissed person may seek protection from the judicial authorities.

During the economic crisis, many enterprises lay off their employees to optimize operations. In this regard, for most people, both for the heads of organizations and for their employees, the question of what severance pay should be paid in the event of a layoff and how to calculate it is very relevant.

Reduction

According to the Labor Code of the Russian Federation, one of the reasons for the cancellation of an employment contract is a reduction in the staff or number of employees of the enterprise.

A workforce reduction is a reduction in the number of workers in one position. For example, the reduction of three accountants out of eight. And staff reduction is the disbandment of a department or the elimination of identical staff units (i.e., for example, all engineers or all controllers). In both cases, the employer must follow the law: provide sufficient grounds for carrying out these procedures, provide the employee with all the guarantees and compensations required upon termination of the employment contract (pay severance pay when the employee is laid off, ensure a preferential right to remain in office, etc.) . P).

The reduction procedure involves the following steps:

issuance of an order;
notifying employees and offering them other job vacancies;
informing the Employment Center and the trade union;
dismissal of workers (as well as prescribed by law payment of severance pay upon layoff).

Issuance of an order

As soon as the manager decides to make reductions at the enterprise, he must issue a corresponding order. The mandatory form of this order is not established by law, but the boss must take full responsibility for its preparation.

The order to carry out reduction measures at the enterprise must indicate the date of the upcoming procedure and the changes that are expected to be made to the staffing table.

Notification to employees

After the manager has issued a layoff order, he must notify each employee in writing of the upcoming dismissal. However, this must be done no later than 2 months before the workers are removed from work.

A separate notice is drawn up for each laid-off employee, which is handed to him personally against signature. IN this document the date and reason for dismissal are indicated.

Along with the notice of layoff, the employer is obliged to provide the employee with a list of available jobs (if any). If the worker agrees to move to a new position, the boss formalizes his transfer. The manager is obliged to offer available vacancies as they become available until the day the employee is dismissed.

Informing the employment service and trade union

In addition to the fact that employees must be informed about the dismissal directly, the employer notifies the Employment Center and the trade union of this fact. The boss two months before the proposed dismissal (and in cases mass layoffs- three months in advance) is obliged to notify these organizations about the upcoming event.

At the same time, the trade union must be informed both about the reduction of employees included in it, and about all other dismissed workers.

Dismissal of an employee due to reduction

After two months from the date of notification to employees, their employment is immediately terminated. To carry out this stage, the head of the organization issues dismissal orders, as a rule, in form No. T-8. In this order, in the “Grounds” column, reference is made to the reduction order, and, if available, to the document in which the employee expressed his consent to dismissal before the end of the warning period.

On the last working day, the worker must be paid severance pay in case of layoffs and must be given a work book. As for the entry in it, a corresponding note is made with reference to Art. 81, part 1, clause 2, Labor Code of the Russian Federation.

Severance pay

Severance pay in case of layoff is a material payment to an employee of an enterprise upon his dismissal due to a decrease in the number of employees or staff of the organization. This type of compensation includes the average monthly salary, as well as the average monthly salary retained by the employee for the period of employment, but not more than 2 months from the date of dismissal (taking into account severance pay).

In some cases, such payments can amount to three average monthly salaries: in situations where the employee registered with the Employment Center within a period of up to two weeks from the date of his layoff and was not employed after 3 months.

Severance pay when personal income tax is reduced is not taxed according to Art. 217, clause 3 of the Labor Code of the Russian Federation. The exception is payments exceeding a three-month amount wages.

Collective or employment contract the amount of compensation for redundancy may be set higher than that established by law.

Benefit calculation

Since the payments in question amount to several average monthly wages, the amount of severance pay in case of reduction is calculated in accordance with Art. 139 of the Labor Code of the Russian Federation and Decree of the Government of Russia No. 922 of December 24, 2007, regulating the calculation of wages.

The average salary of an employee under any working regime is calculated on the basis of funds actually accrued to the employee and data on the time practically worked by him for the 12 previous calendar months.

The calendar month in this case is the period of time from the 1st to the 30th/31st day of the month inclusive, and in February - to the 28th/29th.

The calculation of wages includes all forms of payments permitted by the wage system, which are used by the employer in question, regardless of their sources. The average salary of an employee cannot be less than statutory living wage.

Size cash payments employees does not depend on their age, length of service or skill level. For example, severance pay when a pensioner is laid off is calculated on a general basis.

Period and charges included in the calculation

In cases where an employee works at an enterprise for less than 12 months, the time during which the person was registered in the organization is taken to calculate the average monthly salary and, accordingly, severance pay. If the worker has not worked even a month before being laid off, then the tariff rate or salary established for him is used for calculation.

When calculating the average salary, the following are not taken into account:

the time when the employee retained the average wage, except for breaks for feeding the child, which are provided labor legislation RF;
days on which the employee was on sick leave or received maternity benefits;
the period of failure by the employee to perform the required work for reasons beyond his control;
the time of a strike in which the employee did not participate, but could not perform his direct duties in connection with it;
additional paid days off to care for disabled children;
other periods during which the worker was exempt from performing his duties job responsibilities with full or partial retention of wages or without it.

It should also be taken into account that when calculating salary, bonuses received by the employee during the reporting period are taken into account. If these remunerations were received by a person who did not work for 12 full months, the amounts of such receipts are taken into account in proportion to the time actually worked (with the exception of those bonuses that were accrued for the practically worked period, for example, monthly or quarterly).

Additional compensation

In addition to the fact that the employee must be paid the required severance pay upon layoff, at the time of dismissal the worker is also entitled to other payments.

So, for example, an employer can, with the written consent of an employee, dismiss him earlier than the deadline established by the layoff order. In this case, the boss is obliged to pay the subordinate additional compensation, which is the average salary of the employee, calculated in proportion to the time remaining before the end of the notice period for dismissal. Such compensation does not imply that the basic severance pay will not be paid in the event of a layoff.

Along with the specified material compensation, the employee receives a salary for the period worked and compensation for unused vacation.

Severance pay for certain categories of citizens

The Labor Code of the Russian Federation and other legislative acts provide for a different size of severance pay upon layoffs for certain categories of employees that differs from the general amount.

So, for example, compensation for employees working at enterprises located in the Far North or territories equivalent to them is the average monthly earnings, as well as the average monthly salary for the period of employment, but not more than 3 months from the date of dismissal (taking into account the benefit). These employees may be paid compensation for subsequent months for up to six months by decision of the employment service if the employee applied to the specified body within a month from the date of dismissal and was not employed by them.

In situations where seasonal workers are laid off, the benefit in question is two weeks' average earnings.

Other guarantees for employees upon layoffs

At the same time, that an employee is given severance pay in the event of a reduction in staff, the Labor Code of the Russian Federation also provides other guarantees for employees in the event of a reduction. These include, for example, the priority right of certain categories of workers to remain in their workplace.

Thus, a manager, when choosing from several candidates for dismissal, must take into account that:

2. Preference is given to those employees who have greater labor productivity and qualifications. In cases where these indicators are equal, the following is left at the workplace:

employees if they have 2 or more dependents;
workers in whose family there are no other people earning money;
workers who received injuries or occupational diseases at work;
disabled military personnel;
employees who improve their qualifications at the direction of the employer on the job.

To summarize, we can note the following:

in the Russian Federation, the reduction procedure is regulated at the legislative level;
Labor Code of the Russian Federation and others regulations establish the rules by which staff reductions, severance pay and other compensation to dismissed employees are made;
The law establishes minimum amounts of severance pay and additional payments, but a collective or labor agreement may establish other, larger amounts.