Order to reduce staff: sample drafting, draft and form. How to draw up an order to reduce the staff?

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Even at the most seemingly stable enterprise, a situation may arise when a serious personnel reshuffle is required. This may be due to a decrease in production volume, a change in the range of products or a re-profiling of the enterprise as a whole. In this case, an order to reduce the state will be required, a sample of which must be drawn up taking into account all the norms of labor legislation.

Sequence of the procedure

Change in personnel cannot be done overnight. Such a step must be preceded by a whole procedure of successive actions. So, you need:

1. Make changes to the existing staffing table.
2. Issue an order approving the changed staffing table.
3. Create an active commission that will closely deal with the very procedure for laying off workers.
4. Create an appropriate redundancy order,a sample of which should reflect the actual motivation for the actions being taken and contain information on the creation of a working commission.
5. The commission determines the list of employees to be laid off.
6. All employees from the compiled list are notified of the upcoming dismissal. If the enterprise has a trade union committee, then it is necessary to warn it about the forthcoming actions within the time limits established by law and obtain consent.
7. Notify the employment center of upcoming events.
8. Issue separate dismissal orders for each employee from the list. It can be one document, in which each employee has a separate item.
9. Enter the dismissed workers in the work books and pay them severance pay.

Each of the above items must be documented in compliance with all legal norms.

Compiling a list of workers to be laid off

At this stage, you need to be very careful. After a redundancy order is issued, the sample list of employees must be compiled with great care. First, we must not forget about the Labor Code. Articles 256 and 261 of the Labor Code of the Russian Federation will prompt those who should be excluded from such a list. Meaning:

• pregnant women,
• women who are raising children under the age of 3,
• single mothers with children under 14 (or disabled children under 18),
• other persons, alsoraising children under 14 (or disabled children under the age of 18).

Also keep in mind that you should not include in such a list those who are currently on vacation or officially ill. Having excluded all the listed persons, they finally draw up an order to reduce the staff. Its sample must be approved by the management, agreed with the responsible persons and must comply with the norms of personnel records management.

Actions of the working commission

Do not forget that each stage has its own deadlines set by the state. They must be strictly adhered to in order for the activities to be carried out legally. After the order to reduce the staff is issued, a copy of it is given to the team for familiarization. The commission at this time must draw up and hand over to a group of employees notices of their upcoming dismissal related to the reduction of their positions. The document must not only be transferred, but must be signed by each employee that he is familiar with the decision of the management. There are times when people who do not agree with the decision made refuse to sign any papers. They count on their refusal to cancel the objectionable action. But the order is not retroactive. And in such cases, the employees of the commission should do the following:

• draw up in the presence of witnesses an act of refusal to sign,
• send the document to the employee's home address by registered mail, delivery with acknowledgment of receipt, andalong with the form, enclose an inventory of the papers to be sent into the envelope.

Targeted reductions

The reduction process is always carried out with a purpose. There are only two known reasons that may prompt the company's management to carry out such a procedure:

1) Reduction for one reason or another of the total number of employees of the enterprise.

2) Liquidation of specific posts.

In the first case, an "Order to reduce the staff of workers" is issued. This means that the team is undergoing a reorganization, as a result of which specific staff units will be unnecessary. This fact is clearly reflected in the previous order, which specifically spells out the names of those posts that should be removed from the state. In itself, the reduction in staff actually leads to a reduction in the number. The only exceptions are those cases when completely new staff units and positions are introduced instead of the reduced ones. It must be remembered that only "live" units can be eliminated. The withdrawal of vacancies or the reduction in the number of existing units is not a reduction.

Features of the contraction procedure

I must say that regardless of whether an order is created to reduce the number of staff, the sample for the correct preparation of such a document is the same in both versions. It must also be remembered that in any case, the employer is simply obliged to offer employees to be laid offother job he currently has. It, of course, must correspond to their professional qualifications and state of he alth. It is necessary to offer not only actual, but also vacant units. There is a situation when the employee did not like any of the available positions, and a particular employer has a suitable position in another area. Then he is obliged to offer it if it is provided for by the employment contract (agreement) or written in the collective agreement of the enterprise. This will require the consent of the employee himself, expressed in writing. After all, you cannot force a person to change jobs and place of residence forcibly.

How to undo a decision

There are cases when the employer makes the final decision to reduce the number of employees solely because of the difficult financial situation or the lack of orders that give employees the opportunity to work at their workplaces. Such a step is a necessary measure. For example, the standard procedure has already been carried out, the reduction order has been drawn up, and all employees have been notified of the upcoming dismissal. But suddenly the state of affairs changes radically, and the leadership decides to cancel emergency measures. What to do in this case: fire everyone and then re-employ or find another, more constructive solution? In this situation, it would be more correct to issue a special order, which will talk about the cancellation of the order and the entire reduction procedure, including the dismissal of employees. ATsuch an order must clearly state the reasons that prompted the management to take this step. In addition, it instructs the personnel service to make appropriate adjustments to the staff list, and the chief accountant to put the necessary documents in order. The employee to be laid off must also be familiarized with this document against signature.