If you are to be dismissed from the reduction of staff
With a reduction in the specialist, it is important to adhere toof all legal requirements of the procedure and make all payments that are legally imposed on the specialist. Both employees and employers should take into account that staff reduction due to a change of ownership is possible only after the procedure of re-registration of ownership of the enterprise. Dismissal of staff reduction is impossible if the employee is officially on sick leave, on maternity leave or on regular holidays. Legislation guarantees the protection of the rights of pregnant women, so they are not subject to dismissal for staff reduction. In case of staff reduction, you can not be dismissed:
- women raising a child who has not attained 3 years of age;
- official mothers are single who have a child under the age of 14;
- Women who are dependent on children officially recognized as disabled;
- Other persons carrying out the above duties.
Employees falling under the aforementionedcategory, it should be remembered that the head can reduce the staff unit that they occupy. In this case, the employer proposes to take a different position or dismissal is by agreement of the parties.
Before giving the employee a writtennotice of reduction, a staff member must provide him with the opportunity to move to another position. Refusal to move to a new job or the consent of an employee must be made in writing. With the reduction of staff, the employer can offer the employee a transition to a post payable below, and already the employee decides to agree to it or not. For the employer, it is very important to notify the employee in advance of the expected dismissal: in case of staff reduction, the specialist should be warned for 2 months, with the complete liquidation of the enterprise for 3 months. In case of violation of these terms, the employee has the right to file a suit with the court about the illegality of the procedure. In writing, the employee must sign and date. It is from this date that a two-month report will be kept, after which the employee must be cleared when he leaves. If the employee refuses to sign the reduction notice, the human resources officer must draw up an act of non-signature, this document has the same legal force as the notice of the dismissal for staff reduction.
If the enterprise has a trade unionorganization, the employer obligatorily notifies the head of the trade union about the reduction in two months. The chairman of the trade union expresses his consent or disagreement with this procedure. The law obliges the employer to notify the center of employment about the forthcoming dismissal on reduction of staff.
When the employee is dismissed to reduce the number of staff, the following types of payments should be made:
- final calculation of wages;
- compensation for unused vacation days;
- compensation in the amount of average earnings (severance pay).
All payments must be made to the lastworking day. When calculating a staff member for staff reduction, a two-week work-off for dismissal is not expected. In the work book issued in the hands on the last working day, a record must be made: "Dismissed due to the reduction in the number of employees".
Within 14 days after the termination of the employeeyou must register with the employment center. This setting guarantees his right to receive compensation payments from the previous employer within 2 months in the amount of the average wage. If during this period the employee has found a new job, the right to receive payments is lost.
Dismissal of staff reduction is an unpleasant event, so it is very important to know how to protect one's rights.