Mass dismissal of an employee from a department. Reasons and criteria for numerous dismissals

Sometimes, due to objective circumstances, employers are forced to break contracts with personnel who were involved in servicing certain departments. If it occurs simultaneously with many employees, then this phenomenon is called mass layoff.

Mass layoffs: what could be the root cause

This situation is not part of generally accepted practice. Rather, it is one of the exceptions. The reasons why an employer resorts to it can be very different.

For example, certain financial difficulties may prompt this. In any production there are periods of ups and downs. The enterprise budget may not be enough to pay staff or ensure a full production cycle. In addition, financial problems may be associated with the inability to repay loan obligations. In this case, the employer resorts to mass dismissal of workers.

The same thing happens at the moment. As production facilities shut down and production ceases, everything loses its relevance.

Finally, common in Lately there is a collective dismissal of personnel when management modernizes production. In the age of complete computerization, it is natural to strive to automate many production cycles. A production process management system is being actively implemented. Enterprises are introducing innovative control panels technological processes.

This is very convenient for the employer. Myself manufacturing process becomes more modern. Automation and computerization directly determine more high quality final product or services offered. However, this process also has a downside.

An automated process control panel does not require the involvement of a large number of people. Sometimes only one operator is able to set the necessary parameters and control them during the shift.

This determines the need to terminate employment contracts with those teams that previously performed these labor functions manually. As soon as an employer has the opportunity to save on workers' salaries, he immediately begins mass layoffs.

Mass layoffs: regulatory framework

In each specific case, the decision remains with the administration and management, since modern legislation does not clearly define those cases that would allow the employer to resort to collective layoffs and which ones to prohibit. Everything is determined by the immediate needs of the enterprise and its material base.

At the same time, certain industry agreements (according to Article 82 of the Labor Code of the Russian Federation) stipulate some criteria for mass layoffs. In addition, Government Decree No. 99 of 02/05/1993 also contains recommendations for employers.

At the same time, you need to understand that at different enterprises the staff may vary significantly, and the dismissal of a specific number of employees may not belong to the same categories: this is determined by regional and other characteristics.

According to Article 74 of the Labor Code of the Russian Federation, management has the right to resort to practice if the enterprise faces a real possibility of volume reduction.

At the same time, this article emphasizes that the employer is not at all obligated to carry out this procedure. This is just his right, and he can use it in force majeure circumstances.

Mass dismissal: criteria

Work with personnel, including dismissals, is focused on two main points. First of all, on the number of employees whose contract must be terminated for production reasons.

If, during the period of volume reduction, one of the employees finds a more suitable place of work and expresses the intention to resign of his own free will, then this person will not be included in this category. The same applies to the dismissal of those employees who, during a period of multiple layoffs, are subject to dismissal for committing any illegal violations or for.

In addition, the second criterion for mass reduction is a specific time period. The time during which the employer carries out mass layoffs is calculated in full calendar days.

At this difficult and extremely important moment, every employer is faced with the question: mass dismissal - how many people according to the Labor Code?

A reduction is considered massive if the employment contract is terminated:

with 500 or more employees in 90 days;
with 200 or more employees in 60 days;
with 50 employees in 30 days.

In addition, a dismissal is considered massive when 1% of 5,000 workers are subject to dismissal in 30 days, provided that this is the number of people who make up the employed population in a particular region. In this case, the reason for dismissal does not matter: liquidation or ordinary staff reduction.

As for the complete liquidation of an enterprise, a mass dismissal can be recognized when there were fewer than 15 employees on staff.

These criteria are relevant for all sectors of the national economy. For example, the Ministry of Education recommends focusing on other data in this area.

A reduction is considered massive if:

20 employees quit within 30 days;
60 employees quit in 60 days;
100 employees quit in 90 days.

Finally, a reduction is certainly considered massive if 10% of the staff at a production facility, institution or company is laid off within 90 days.

Mass dismissal: what are the features of the procedure

Technically, the employer is guided by Article 81 Labor Code(clause 2). At the same time, several fundamental differences from the rules by which, according to Article 81, the dismissal procedure is carried out.

First of all, the difference is the time period. Retrenched employees are notified 3 calendar months in advance.

A mandatory condition for carrying out the procedure is also a warning to the regional employment department. Moreover, to fulfill this condition, employers must fill out a uniform approved form. This will help the center’s representatives in selecting vacancies for people who have lost their jobs.

The employer notifies the employment center only of the fact of the upcoming staff reduction 3 months in advance. As for the listing of specific personnel subject to dismissal, information about them is also submitted to the employment center, but not 3, but 2 months in advance. For this procedure, a uniform approved form is also provided.

Finally, in the event of a mass layoff, the employer will also notify the local union in advance. If the enterprise has any other authorized body of workers, then its representatives must also be notified in advance.

Three month period allows employees to navigate family circumstances and, possibly, find a suitable job at another company. In those industries where ties between the administration and trade unions are strong enough, the employer can provide assistance in this matter.

It is expressed in a recommendation to representatives of trade unions or other authorized bodies to establish close contact with the employment center. The search for new vacancies in the region can begin even before the mass layoff procedure. All this together optimizes the situation associated with this complex procedure.

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 out of 27 industrial developed countries Collective redundancy legislation applies as early as 10 employees, 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, implement 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 dismissal of workers are the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment of the population in Russian Federation"and the somewhat outdated Regulations on the organization of work to promote employment in conditions of mass vacancy, approved by Resolution of the Council of Ministers of the Russian Federation of February 5, 1993 No. 99. Along with special norms, 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 the activities of an 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 the employer's fulfillment of his 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 Media Organizations mass communication 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 and the formation of its positive image, collective agreements do not cover all organizations, especially in the field of trade and public 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 the necessary measures provided for by the Labor Code of the Russian Federation and other federal laws, collective agreement, by agreement. This may be a transition to part-time work time due to a change in the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological conditions labor, 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 coordinating 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 conduct 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 employees 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 administrative authorities was required. 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 prescribed form to the employment service authorities no later than three months before the start of the relevant activities, and about 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.

Executive authorities and employers, at the suggestion of trade unions and other representative bodies of workers, conduct mutual consultations on employment problems. 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 local governments when implementing prevention and mitigation activities are subject to agreement 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 aiming at modernizing production that does not meet environmental standards, which involves large financial costs.

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 employees to use 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 bodies state power 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 training plans or sections of social plans on the 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.

Many agreements and collective agreements speak in general terms 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 cash by the district labor departments. lump sum payments to organize your 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 business 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. IN 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 Russian Union 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 activities. 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 is known, when mass reduction personnel, workers with higher labor productivity and qualifications have a preferential 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 indicated 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 seniority workers are taken into account by including in collective agreements the rules on “attrition”, according to which the dismissal of workers who have a certain continuous length of service is allowed only for disciplinary action. 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 workers with significant severance pay (“golden handshake”) in the event of early exit for pensions, 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, in order to effectively economic activity and rational property management independently, under its 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 answers specified requirements vacancies available to him in a given area. 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 improving labor legislation, it has been regulated how the employer makes payments to employees dismissed under clauses 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 within a month after dismissal the employee applied to This body was not employed by him (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 earnings for the second month after dismissal, if former employee present a work book, which does not contain a record of his employment. The correctness of this approach leaves doubts, since not all types of employment are recorded in work book, and the employment service authorities cannot provide complete 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 notice of dismissal two months in advance, with simultaneous payment of additional compensation in the amount of two months’ average earnings (Article 180 Labor Code of the Russian Federation). Now the said article stipulates 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.

When a large number of employees are laid off, this is already a mass layoff. How many people must be laid off to be recognized as such? In this article we will try to answer this and other questions.

About abbreviation

Reducing the number of employees or staff is a legal tool of the employer. This is one of the grounds for dismissal at the initiative of the employer.

The employer is given the right to independently change the chain of command and the structure of the organization, make decisions to optimize the entire work process, change the staffing schedule or the number of employees. And the law does not oblige the employer to justify its decision to employees.

But this presupposes the employer’s good faith and the absence of abuse of rights on his part. This means that, having reduced the number of employees from 10 to 2, he will not increase the department by the same 8 people “tomorrow”. The risk of challenging the employer's order is very high. And if the employer is not obliged to report to the employee, then in court if a dispute arises, he will still have to prove that the mass layoff was a forced and necessary measure.

Mass reduction

The legislation does not define ordinary and mass layoffs.

A reduction in the number of employees involves a decrease in the number of employees filling the same positions.

If individual positions or entire departments are excluded from the staffing table, we are talking about staff reduction.

Mass layoffs involve laying off a large number of employees. But what exactly is the quantity?

Criteria

The criteria for mass dismissal are determined in industry and (or) territorial agreements.

Industry agreement	Criteria for mass layoffs of workers
by railway transport companies	Reduction of 5 percent or more within 90 calendar days
between the Russian Trade Union of Cultural Workers and the Ministry of Culture of the Russian Federation	Simultaneous reduction within 30 calendar days: 20 - 24 people, if the number of employees is from 500 to 1000 hours; 15 - 19 hours with a population of 300 to 500 people; 25 hours or more, if working 1000 hours or more; 5% of the total number of employees.
Between: Moscow employers' associations, Moscow government, Moscow trade union associations.	Reduction in quantity: 50 or more hours in 30 calendar days; 200 or more in 60 days; 500 or more in 90 days.

If there is no agreement in a particular industry or what exists does not apply to the organization, then the criteria for mass participation are determined according to clause 1 of the Regulations, approved. Resolution of the Council of Ministers of the Russian Federation dated 02/05/1993 N 99. According to it, dismissal is considered mass if the following are reduced:

50 people or more within 30 calendar days;
from 200 and more - within 60 days;
from 500 and more - within 90 days;
1% of the total number of employees for 30 calendar days in regions where the total number of employees is less than 5,000 people.

In case of mass layoffs, how long before notice is given?

Notifying employees and government agencies during a mass layoff is just as mandatory as during a regular layoff.

Mass layoffs of workers - difficult process technically and morally, but it is inevitable if production necessity and objective economic conditions require it. This step is fraught with many undercurrents that can be avoided by following the letter of the law and competent legal support.

What is a mass layoff?

This is a process when, within a certain period of time, a large number of employees are fired at an enterprise. The size of the mass scale depends on the period of time during which it occurs.

The concept of massive staff reduction has a legal definition - lockout. The concept means the ratio of the number to the total number of employees in the organization. The ratio always differs from company to plant.

The criteria for mass layoffs are regulated in Government Resolution No. 99, which explains that mass layoffs are how many people. Criteria:

Complete liquidation of an enterprise with 15 or more employees.
Reduction of 50 employees within 1 month.
Dismissal of 200 people in 2 months.
Dismissal due to staff reduction from 1% of employees in territories where the working population is less than 5 thousand people.

If a massive layoff of workers is brewing at an enterprise, but a final decision on this has not been made, then the employer is recommended to take a number of measures. It is possible that some of them will help prevent mass layoffs of workers:

notify local authorities about the situation at the enterprise;
hold a meeting of employees to inform them about the current situation and smooth out the tense situation;
consider changing the enterprise profile;
stop hiring new employees;
Consider the possibility of transferring employees to part-time positions.

If the activities are carried out with the direct participation of local authorities who are interested in preserving city-forming enterprises, then there is hope for preventing liquidation. But in the event that the situation has reached a dead end, management needs to think about ensuring that employees are...

How is a mass layoff carried out legally?

Dismissal of a large number of employees from one enterprise is associated with difficulties of both a psychological and documentary nature. HR service it is necessary to comply with the algorithm of actions defined by law and the criteria for mass reduction:

Development of a new staffing table with an updated number of employees.
Drawing up an order for the organization on reduction.
Notification of the trade union organization about the upcoming procedure 3 months before the start.
that layoffs are coming.
Offer applicants to fill other vacancies that are available. The positions offered must correspond to the qualifications of those being dismissed.
Providing documentation on mass layoffs to the trade union.
Coordination of controversial issues between the administration and the trade union organization.
Registration of work books.
Accounting for employees in accounting.

The main reduction order must be accompanied by an action plan according to which the procedure will be carried out. The text of the order must include a clause on the appointment of a commission responsible for the implementation of planned activities.

Possible difficulties

It is difficult to avoid problems when laying off a large number of people. It is necessary to provide for the presence of categories of employees who, by law, are not subject to layoffs. If the move is inevitable, then they should get an offer for another job first. They have the right to terminate the employment contract only at their own request:

women without a husband who are dependent on them;
women raising a disabled child;
citizens who replace parents for minors and disabled children.

When analyzing the lists of those being laid off, it is necessary to exclude these employees from the list of those who were laid off.

The employment center must be aware of ongoing activities 3 months before they begin. Otherwise, the head of the enterprise faces a fine as to an individual in the amount of 3,000 rubles, and a fine of up to 50 thousand rubles will be imposed on the organization.

The employer is obliged to strongly argue the need for dismissal to the trade union, which is obliged to protect the rights of the enterprise's employees and strictly monitors compliance with the criteria for mass dismissal. The trade union may have a reasoned disagreement with the administration’s decision, on which it expresses its opinion. A complaint against management is submitted to the labor inspectorate, which comes to the conclusion that the employer’s decision complies with the law.

Guarantees for employees

The enterprise issues an order on the progress of the procedure. The document lists the citizens included in the list of redundancies. One of the points of the order is a mention that all due funds must be paid to them. Each employee is given severance pay, which is based on his average monthly earnings. This amount is calculated three times. If an employee has unused vacation left, it is fully paid.

Payments are made even if the employee terminates the employment agreement before the official date of dismissal. Bonuses issued to all employees for the period from the beginning of the order until the moment of dismissal are also paid to applicants for layoffs. According to the Tax Code, all payments should not be subject to taxes.

During the economic crisis, many companies are forced to resort to mass layoffs of workers, as they are on the verge of bankruptcy. By this method, they significantly reduce the cost of paying all employees. This procedure is considered complex, therefore it should be carried out only if there are compelling reasons, and such a process will certainly attract the attention of the labor inspectorate. Dismissals are always carried out en masse when a company closes.

When is a dismissal called mass?

Mass dismissal is a dismissal in which certain criteria are met regarding the number of employees with whom the employment contract is terminated. Additionally, the provisions of various regional acts and Labor Codes are studied.

When determining mass layoffs, not only the number of citizens with whom agreements are terminated is taken into account. This is also the time period in which it occurs this process. Mass layoff - how many employees stop working for the company? The main parameters include the following conditions:

contracts with 500 employees or more are terminated within 90 days;
200 employees of the company quit in 60 days;
within 30 days, the employment relationship with 50 or big amount specialists.

It is when these conditions are met that we can talk about mass layoffs.

What other features are taken into account?

Other criteria for mass layoffs of workers include:

this process occurs when a full-fledged company that employs more than 15 people is closed, and in this case all employees immediately stop working in their positions on the staff of such an organization;
This includes the situation if the number of citizens in the region who are officially employed does not exceed 5 thousand people, and within one month decreases from 1% of the total employed population.

The employment service must constantly monitor these factors and criteria, as they have an impact on direct impact on the unemployment rate and other significant indicators of a particular region.

For which areas of work do special agreements apply?

There are some industries that use special criteria when laying off workers en masse. These areas include:

oil or gas industry;
civil Aviation;
engineering or coal industry;
television and radio broadcasting and several other areas.

Each company, when terminating a contract with an employee, must use a special agreement specified in the Labor Code.

The mass dismissal of workers implies that the company is obliged to pay the average income to all citizens until they can find the optimal place for employment, but for a maximum period of three months.

Legislative regulation

The Labor Code does not have a clear definition of the conditions under which dismissal can be recognized as mass, since they are determined by different industry agreements.

Quite a lot of information about this process is available in the Regulations of the Council of Ministers of the Russian Federation No. 99 dated 02/05/1993. Here are the main signs by which one can determine the mass reduction of citizens at a particular enterprise or in a particular region as a whole. But even here, the presence of other indicators is allowed if they are prescribed in agreements. That is why, even in the same city, layoffs of the same number of people in different companies may fall into different categories.

Additionally in Art. 74 of the Labor Code states that employers have the opportunity to establish part-time work for employees if there is a threat of possible mass termination of contracts with them. However, this is only the right of company managers, so if they do not have the opportunity to use such a relaxation, they can immediately lay off specialists.

What parameters are taken into account?

Mass dismissal is a process that takes into account the following factors:

the number of citizens with whom employment relations are terminated, for which a reduction procedure is carried out, and this does not include people who quit of their own free will or for any reason related to violation of the employment contract or discipline;
time during which it is carried out this procedure, and it is calculated in days.

Such dismissal additionally includes termination of contracts with more than 10% of the total number of employees of the company.

Why is the procedure used?

The reasons for mass layoffs can be different, and they are usually associated with:

a crisis in the country or in a specific area of business;
lack of opportunities to develop the company in a certain direction;
a change in management, which ensures a change in the enterprise’s operating policy;
the need to employ more qualified specialists;
changing the direction of work, which requires hiring other professionals;
transferring manual labor to automatic or mechanized.

Companies are not required to explain to anyone why they have used such a process, and some organizations deliberately use it for some purpose, while others cannot find another way out due to difficult financial situations.

How are the employees who will be laid off selected?

Each employer must first decide which of the staff will be laid off. For this purpose, a special commission is organized, which decides which of the company’s employees will be fired.

When choosing citizens, work experience, age, their qualifications, as well as the presence of preferential rights are taken into account.

Who can't be made redundant?

The mass dismissal of workers takes into account that not all citizens can be laid off, since some people are protected from this, so their contracts are terminated only when the company is closed. Such employees include:

pregnant women;
women on maternity leave;
citizens raising children alone, and children should not be more than 14 years old;
people who are raising disabled children;
guardians of disabled children who do not have an officially registered marriage;
people who are on vacation or sick leave at the time of notification of mass layoffs;
citizens who are dependent on at least two other people, represented by minors, elderly or disabled people;
combat veterans.

Additionally, this list can be replenished on the basis of various regional acts, which takes into account the development of the industry and the region itself in which the company operates.

If an enterprise is closed and workers are laid off en masse, then, regardless of the existence of a preemptive right, employment relations with all employees are terminated.

Stages of the procedure

Dismissal, on the basis of which contracts with several employees are terminated, is carried out in correct sequence actions.

Process steps
The manager issues an order	The document can be generated in any form. It is drawn up at least three months before the start of the process, and all employees must be familiar with it. It states how many people will be laid off, what position they hold, what branch they work in, and also when exactly their employment contract will be terminated. All employees must read this document and then sign the notice
Creating a new staffing table	For this, a special T-3 form is used. Retrenchment of employees is permitted only after this document has been approved.
Selection of specialists	This takes into account who should be fired initially. We must remember about the preferential right of some people to retain their jobs. People most often fired are those who have poor performance records, as well as multiple criticisms regarding work or discipline.
Notifying citizens about reductions	All people who were subject to mass layoffs of employees must be notified 60 days in advance of the termination of the employment contract against signature. If they refuse to sign, then a special act is drawn up for this
Offering an alternative	The employer must provide assistance to all laid-off employees in finding a new place of employment. For this purpose, other vacancies at the enterprise may be offered, taking into account the qualifications of the specialist. Support may also be provided in finding a new job. If the employee accepts the offer, a transfer to a new position is carried out. If he refuses options, then a written refusal
Sending a notice to the union	This process must be completed three months before the start of the actual process. If disagreements arise between the employer and this organization, then it will be necessary to reach a compromise, for which a meeting is held. All its results are recorded, after which the employer is given 10 days to make an appropriate decision. If it is impossible to reach an agreement, a complaint is sent to the labor inspectorate. The specialists of this service decide whether the dismissal is legal or not.
Sending a notification to the employment center	The notice must be sent 3 months before the start of the layoff. It indicates how many workers will be laid off. The position, full name, age, length of service and other characteristics of each employee being laid off are given.
Drawing up an order to denounce contracts	This document must not only be correctly formed, but also registered. Each person with whom the contract will be terminated studies it within three days after creation
All funds are paid to those fired	All payments are made directly on the day of dismissal

The correctness and timeliness of the implementation of each stage is the key to preventing various disputes and disagreements not only with employees, but also with trade unions and the labor inspectorate.

What documents are needed?

The procedure carried out in connection with mass dismissal requires the preparation of certain documentation from the manager. With its help, it is confirmed that the entrepreneur has taken all necessary measures according to the law. These documents include:

new staffing;
order to approve the schedule;
orders drawn up for each dismissed employee, and they can indicate not only reduction or dismissal, but also transfer;
an act on the basis of which the specialist agrees or refuses to be transferred to another position at work;
notices of the planned process sent to employees, the employment service and the trade union;
a protocol that states the union’s agreement or disagreement with this procedure;
financial documentation, on the basis of which it is proved that the company paid all the necessary funds to dismissed citizens.

Separate papers are required for each employee.

What funds are paid to citizens?

Three months after notification of the mass layoff of workers, denunciation is made labor contracts. A settlement is made with all employees who are laid off in the company. The necessary payments are transferred to them, which include:

salary for all days worked;
refund if days left unused vacation;
severance pay provided under Art. 178 TC is the average monthly earnings of a citizen at work;
additional compensation due early dismissal, if the need arises, as well as the employees themselves must agree with this process.

If, after being laid off, citizens do not find employment within the next three months, but are still registered with the employment service, then the previous employer must pay them compensation. They are equal to their average earnings. The main point for this is that citizens must go to the employment center within two weeks after termination of the contract to register as unemployed.

Nuances for the Far North

If citizens worked for Far North, then they are paid compensation within six months.

It is not assigned to people who were dismissed of their own free will. Often, company managers insist on this wording in order to hide mass layoffs, but it is not recommended to agree with this.

Conclusion

Thus, a mass layoff is determined by two criteria, represented by the number of employees with whom the employment relationship is terminated, as well as the period of time during which this process is carried out. The procedure must be correctly formalized, for which successive steps are performed.

If the rights of citizens are violated, the dismissal may be suspended by the labor inspectorate. There are also certain employees who cannot be fired in a mass layoff. An exception would be a simultaneous closure of the company, in which all employees remain unemployed.