What is mass layoff? Today, according to Article 81 of the Labor Code of the Russian Federation, this definition covers the dismissal of employees, as a result of which there is a reduction in the total number of personnel for any period of time. Today in Russia this is a relatively new concept. For many decades, due to special political and economic factors in our country, little attention was paid to this fact. For example, in Soviet times, legislation was not required regarding this type of reduction.

However, everything changed in the 80s. 20th century, when the process of economic reform began, which led to numerous layoffs. And only then, back in 1971, the chapter “Providing employment for laid-off workers” appeared in the Code of Labor Laws. The institution of mass dismissal appeared, the norms, rights and guarantees of laid-off workers were fixed. The 90s brought new problems associated with widespread privatization, etc. Numerous gaps in the legislation itself were identified.

Mass character criteria

There are certain criteria for defining the term "mass layoff":

• in which it worked at least 15 people.
• The release of workers by the number 50 or more within 30 days, at least 200 within 2 months, 500 or more within 90 days.
• Release of 1% of the total number of personnel in the event of liquidation of the institution or its share reduction within a period of up to one month when located in an area with a total number of employed people less than 5,000 people.

In addition to general criteria, the regions of the country may have their own.

Employer step by step

The first thing the employer must do before the mass release procedure is to document everything, that is, approve it with an order and form a new one. As a result of the operation, the total number of personnel of different specialties or of any one category of workers should be significantly reduced.

The head is obliged 90 days before the start of the procedure to submit information to the employment authority (in accordance with Articles 25 and 21 of the Federal Law of April 21, 1991 "On Employment in the Russian Federation" No. 1032-1) and to the trade union department.

The next step before layoffs en masse is the definition and consideration of the rights of each employee. That is, the head must take into account the nuance: the right of certain categories of citizens to remain in the organization.

This group includes:

• Women expecting a baby.
• Women with children under three years of age.
• Women raising children without a father up to 14 years of age (with a disabled child, the age increases to 18 years).
• Citizens who have children of the same age who are deprived of their mother.

The main opportunity to remain upon dismissal belongs to these persons. The director must strictly observe these rules when choosing people for redundancy. Among this group of workers, the first right belongs to those who have better work results. A person's qualifications, for example, an academic degree, a second education, also play an important role.

In the event that the quality of labor is the same, the right to retain one's workplace recognized for:

• a citizen who has people in his family who are financially dependent on him;
• a citizen whose family is deprived of a second breadwinner who brings the necessary income;
• a person who has already received an occupational injury or illness at work;
• disabled worker fighting related to the defense of the country;
• a team member who improves his own qualifications without interrupting his main job;
• the person who owns any invention;
• wife (husband) of a serviceman (s) (for state organizations);
• a citizen (and his family members) in respect of whom was dismissed from military service to this place of work, as well as single mothers whose sons are in public service (Federal Law of 05.27.98 No. 76 “On the Status of Military Personnel”);
• an employee who received radiation sickness after the Chernobyl disaster or was evacuated from the exclusion zone;
• a citizen who received a certain radiation dose at the Semipalatinsk test site.

After the manager has determined the contingent of dismissed workers, he needs to let them know about it under the signature 60 days before the procedure according to the Labor Code of the Russian Federation (Article 180, part 2). In the event of a person's refusal to sign, this document must be sent to him personally by registered mail with notification, and an act is drawn up on the employee's refusal to sign. All this is necessary for the manager as evidence of compliance with all steps of the dismissal procedure.

After completing this step, the manager is obliged to take all necessary measures for the employment of the dismissed members of the team. It should be help in retraining, the opportunity to take another vacancy in the same institution or help to get a job in others. The ideal option is to offer a person a position that would correspond to his skills and abilities. If this is not possible, you should try to find another job that is not employed by the organization.

All these actions must also be in writing. With the consent of the head, this procedure is carried out. If there is a refusal, a refusal act is drawn up. If translation is not possible, an appropriate document must be drawn up.

Two months after notifying the staff, the manager must provide the trade union department with all documents accompanying the dismissal (for those who are members of the trade union).

Further, according to Art. 373 Labor Code, within 7 working days, the trade union organization is obliged to provide the manager with a reasoned opinion regarding the dismissal. If the document is not received within this period or an unmotivated opinion is provided, the manager is not obliged to take it into account.

In turn, the trade union, if it does not agree with the decision of the head, is obliged to discuss the situation with him within 3 days, come to a common decision and formalize this in a protocol. If common decision not achieved, a protocol must still be drawn up. After 10 days from the date of transfer of documents to the trade union, the leader has the full right to make the final decision.

If agreement has not been reached, it is submitted. Within 10 working days, the issue of the legality of the dismissal is considered and a decision is made. If , the manager receives an order to be executed.

Immediately before terminating the employment contract, it is necessary to offer the employee in writing all available vacancies.

If mutual agreement is reached, it can be terminated before the due date. At the same time, the dismissed employee receives all payments due to him. It is impossible to dismiss an employee during his illness (temporary disability) and vacation.

Further published, each worker gets acquainted with him in writing within 3 days after its publication. The employee is paid all kinds monetary compensation on the day of dismissal. He receives a severance pay in the amount of the average monthly wage. Not later than 2 months before employment, he is also entitled to a monthly compensation.

One of last steps is the design, after which it is handed over to the person personally, as well as the due payments. If the dismissed person does not agree with the amount of payments, then it is necessary to pay the undisputed amount.

Possible consequences for the employer

For non-compliance with the law during the procedure for the mass release of workers, management faces administrative liability.

For example, late submission of information to the employment center or failure to provide it threatens the manager with penalties in the amount of up to 3,000 rubles for an individual and up to 50,000 rubles for a legal entity.

Sometimes, due to objective circumstances, employers are forced to terminate the contract with the personnel who were involved in servicing individual units. If there is a one-time event with many employees, then this phenomenon is called a mass layoff.

Mass layoffs: what can be the root cause

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

For example, certain financial difficulties may lead to this. Every industry has its ups and downs. The budget of the enterprise may not be enough to pay for the work of staff or to ensure a full-fledged production cycle. In addition, material problems may be associated with the inability to repay loan obligations. In this case, the employer resorts to mass layoffs of employees.

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

Finally, a common phenomenon in recent years is the collective dismissal of personnel when management modernizes production. In the age of continuous computerization, it is natural to strive to automate many production cycles. The production process management system is being actively implemented. The enterprises introduce innovative control panels for technological processes.

This is very convenient for the employer. The manufacturing process itself is becoming more modern. Automation and computerization directly determine the higher quality of the final product or service 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 just one operator manages to set the desired parameters and control them during the shift.

This determines the need to break labor contracts with those teams that previously performed these labor functions manually. As soon as the employer has the opportunity to save on the wages of workers, he immediately proceeds to mass layoffs.

Mass layoffs: regulatory framework

In each specific case, the decision remains with the administration and management, since in modern legislation there is no clear definition of those cases that would allow the employer to resort to collective reduction, and which ones to prohibit. Everything is determined by the momentary 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 certain criteria for mass layoffs. In addition, Government Decree No. 99 of 05.02.1993 also contains recommendations for employers.

At the same time, it must be understood that at different enterprises the staff can 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 features.

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 layoffs: criteria

Work with personnel, including layoffs, focuses on two main points. First of all, on the number of employees, the contract with which 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 quit 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 the period of multiple reductions, 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 conducts mass layoffs is calculated in full calendar days.

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

A mass reduction is considered 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, dismissal is considered massive when 1% of 5,000 employees are subject to dismissal in 30 days, provided that this is how many people make up the employed population in a particular region. At the same time, the reason for dismissal does not matter: liquidation or the usual staff reduction.

With regard to the complete liquidation of the enterprise, the mass dismissal can be recognized when the state consisted of less than 15 employees.

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 leave in 60 days;
• 100 employees leave in 90 days.

Finally, a layoff is certainly considered massive if 10% of the staff are fired at a production facility, in an institution or in a company within 90 days.

Mass dismissal: what are the features of the procedure

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

First of all, the difference is the time period. Laid-off employees are notified of this 3 calendar months in advance.

A prerequisite for the procedure is also a warning to the regional department of employment. Moreover, in order to fulfill this condition, employers must fill out a form approved according to a single model. This will help the representatives of the center in the selection of 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 transfer of specific personalities 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 uniformly approved form is also provided.

Finally, in the event of a mass layoff, the employer also informs the local trade union well in advance. If any other authorized body of workers operates at the enterprise, then its representatives must also be notified in advance.

The three-month period gives employees the opportunity to orient themselves in family circumstances and, possibly, find suitable job at another enterprise. In those industries where the ties between the administration and trade unions are strong enough, the employer can provide assistance in this.

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

Mass layoffs of employees - how many people? It is determined by the ratio of the number of dismissed employees to the total number of the enterprise.

What are the criteria?

The criteria for mass layoffs are determined by Decree of the Government of the Russian Federation of February 5, 1993 No. 99(as amended in 2014) "On the organization of work to promote employment in the context of mass layoffs." If other industry or regional criteria are not adopted for the enterprise, then the following are taken as the basis:

1. Complete liquidation of an enterprise, regardless of its ownership, with 15 or more employees.
2. Reducing the number of employees of the organization in the amount of:
   • 50 or more within 30 calendar days;
   • 200 or more within 60 calendar days;
   • 500 or more in a period of 90 calendar days.
3. The number of dismissed is 1% of the total number of employees within 30 calendar days in the area, which has no more than 5 thousand jobs.

Reasons for the reduction

ongoing economic crises in the Russian economy, errors in the strategy of enterprise management, the development of new technologies are the reasons leading to a massive reduction in the staff, and even to its complete elimination. The main reasons are:

• bankruptcy of an enterprise;
• liquidation of the organization;
• change of company management;
• change in staffing;
• introduction of new technologies to automate production processes and etc.

Order

To prevent mass layoffs (unless a final decision has been made), steps are being taken to stabilize the enterprise and give time to improve the situation:

• notification of the local administration about a possible mass reduction of employees to jointly solve the problem;
• stop hiring new employees;
• reprofiling or changing the direction of the organization;
• termination of partnership;
• reduction of the working day and (or) week;
• transfer of employees who fall under the reduction to other jobs, etc.

If it is impossible to avoid mass layoffs, then it is necessary to carry out the entire layoff procedure in accordance with the Labor Code of the Russian Federation (Articles 74, , , 140, , ) and other legal acts.

Article 140 of the Labor Code of the Russian Federation. Deadlines for dismissal

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

In the event of a dispute about the amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

Read about how alimony is calculated upon dismissal, whether they are withheld from compensation and other payments.

Decision-making

Depending on the form of ownership of the enterprise (private, state and municipal), the decision on mass dismissal or reduction is made at different levels. If the enterprise is state-owned, then this may be a Decree of the Government or a specific Ministry on changing (reducing) the number of employees in a specific area of ​​\u200b\u200bproduction or organization.

If the enterprise is private, then the decision is made individual entrepreneur(for IP), director or board of directors, or other governing body.

Notification of the trade union and the employment center

Prescribes the obligatory consideration of the opinion of trade union bodies in the mass dismissal of workers.

Within 10 days after receiving notice of the upcoming mass dismissal, the trade union makes a decision and draws it up in writing. If this period is violated by the trade union, the management of the organization may not take into account its opinion. If the trade union makes a negative decision, then within three days joint meetings are held, the results of which are drawn up in a joint protocol. The employer can appeal against the negative decision of the trade union in court.

Important! All agreements and results of consultation with the trade union are made in writing.

The union is checking the legality of the dismissal: the presence of pregnant women on leave with children, single mothers among the dismissed employees.

In accordance with the Law of the Russian Federation of April 19, 1991 (as amended in 2017) “On Employment in the Russian Federation”, it is necessary to notify the employment center in a timely manner about the upcoming mass reduction of employees - this is 3 months before the start of direct mass dismissal measures.

Violation of the terms of notification of the employment center entails the administrative responsibility of the employer in the form of a fine: three thousand rubles for individual and up to 50 thousand rubles - for legal.

There is no single sample notification of the Employment Center about the mass release of workers in the legislation.

The notification is made in any form, but must contain the following information: a list of persons to be dismissed, indicating the position held, education, work experience, qualification requirements and size wages.

A notice to the employment center of a mass layoff is sent to the actual address of the organization.

Issuance of an order to vacate posts

The mass dismissal order must indicate the justification for the mass dismissal:

• a court decision declaring the organization bankrupt;
• the decision of the meeting of founders on the termination of activities or reorganization and the need for a reduction in the number of employees;
• change in staffing and others.

The order is issued in any form with the obligatory indication of the following data:

1. full name of the enterprise;
2. publication date;
3. expected date of termination;
4. list of employees to be laid off.

The order is signed by the head and agreed with the legal service and the trade union, is registered in the prescribed manner in the register of orders with the assignment of a number and an indication of the date.

Drawing up a new staffing table

The staffing table is not a mandatory document, but it allows you to solve personnel issues and plan the development of the organization. The document states:

1. structural units;
2. job titles;
3. amount of workers;
4. wages, allowances.

Commercial organizations can assign any title to positions, and state ones are necessarily guided by special classifiers. The document indicates both occupied and vacant positions, takes into account employees working part-time.

Before creating a new staffing table, management analyzes the staffing, production capacity and prospects for further development.

An employee of the personnel department or a secretary draws up a schedule, for convenience in tabular form. The staffing table is approved by order, registered and only after that it comes into force.

Who is being cut?

Mass layoffs take into account qualifications, experience and merit employees. Such a decision is made jointly by management with the personnel department and taking into account the opinion of the trade union.

It is impossible to dismiss by reduction privileged categories of workers:

• women in position;
• single parents with dependent children under 14;
• women on parental leave;
• adoptive parents, guardians with children under 14 years old.

Employee notification

The employer must notify the employee in writing of the upcoming dismissal two months in advance. before the date of termination. In writing, the employer offers an available other job, both corresponding to the qualifications of the employee, and a lower position or lower-paid job.

The employer must offer the employee all vacancies that meet the specified requirements. If provided for by the collective agreement, the employer has the right to offer vacant positions in another locality.

If the employee refuses to sign the notice of dismissal, it is sent to him by registered mail with the notice, and then an act of refusal to sign is drawn up.

Attention! The notice of dismissal is given to the employee only under a personal signature.

Transfer to another position

If, as a result of negotiations between the employer and the employee, a decision was made to transfer to another position, then the employee writes an application addressed to the head of the transfer to another position. According to Article 72 of the Labor Code of the Russian Federation, the statement of the employee is considered as his consent. After that, a transfer order is prepared and, on its basis, changes are made to the staff list, work book and other working documents.

Article 72 of the Labor Code of the Russian Federation. Changing the terms of the employment contract determined by the parties

Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Drawing up an order

The mass dismissal order is drawn up on the last day of work of employees indicating the reason:

• order to approve the new staffing table;
• notification of an employee about dismissal;
• a written offer of another job to the employee and his refusal;
• the act of refusal of the employee to sign the dismissal.

The document states:

1. full name of the organization, date of issue of the order, registration number;
2. details of the employment contract to be terminated;
3. grounds for termination in accordance with the Labor Code of the Russian Federation;
4. signatures of the head, employee (familiarized), trade union organization.

Filling out documents

On the day of dismissal, on the basis of the dismissal order, an entry is made in the work book:

• section 1 indicates the serial number of the entry;
• section 2 - date of dismissal;
• section 3 record of the reason for dismissal, without abbreviations, exactly in accordance with paragraph of the Labor Code of the Russian Federation;
• in section 4, the order number is affixed, on the basis of which a dismissal entry is made in the work book.

The head of the organization or the personnel officer responsible for maintaining work books puts a signature and seal under the record. The employee checks all records and also signs.

On the basis of the order, appropriate entries are made in the card and personal file of the employee.

Issue of calculation and documents

On the day of dismissal, the employee receives:

• work book;
• certificates of the amount of wages paid and the payment of contributions;
• certificate of employment;
• on the day of dismissal, the employee is paid all the money due.

What payments are due?

Upon termination, the employee is paid:

1. salary for days worked;
2. compensation for unused vacations (all unused);
3. additional amounts in case of early termination of the contract;
4. severance pay.

The severance pay to the dismissed employee is paid in the amount of the average monthly earnings. For the period of looking for a new job, he retains the average monthly salary, but not more than two months from the date of termination.

The amount of the benefit for a full paid month is calculated:

Benefit = Avgl = Avgnl x RR, Where:

• avg- the average monthly salary;
• Avg.- the size of the average daily wage;
• RD- the actual number of days worked.

The procedure for the mass dismissal of employees has a number of difficulties and nuances, but must be carried out in compliance with the law.

In case of business liquidation or staff reduction employment contracts terminated with all employees or with the majority. But what is a mass layoff of workers? What are the criteria for defining such a concept? In what order are the personnel documents for this operation drawn up? And is the employer obliged to notify the controlling state bodies about the planned event? The article talks about typical ways to address the issue of mass layoffs of staff.

If we are talking about the reduction of not one specialist, but a large number of employees, this means that mass dismissal of personnel is being carried out. Does an employer have the right to do this? Yes, definitely. After all, labor legislation allows the dismissal of employees at the initiative of the enterprise in connection with the liquidation of the company or the reduction of staff (clauses 1, 2, part 1, article 81). And if the OP (representative office, branch or other subdivision) is closed, employment contracts are terminated in accordance with the general procedure in force when the legal entity is closed.

At the same time, a lockout or mass dismissal of employees will be such a reduction in staff, in which the number of employees laid off is a significant part of the number of remaining staff. Accordingly, if, for example, TD (employment contracts) are terminated with 10 specialists, for a company with a total staff of 12 people. There will be mass layoffs. At the same time, for an enterprise with a staff of 150 people. such personnel changes cannot be called massive.

Mass layoff criteria

On what grounds can you determine the type of dismissal of employees? Today, the Decree of the Council of Ministers of the Government No. 99 dated February 5, 1993 is in force. This regulatory document defines the criteria for the mass dismissal of workers, lists the principles of interaction between employer companies and executive government agencies. According to the Decree, the main criterion for the mass termination of the TD is the number of dismissed employees for a certain time period.

Mass reduction is recognized:

• Complete official liquidation of a company with more than 15 employees.
• Reduction of the number of personnel by the number - from 50 people. 30 days (calendar); from 200 people in 60 days; from 500 people for 90 days.
• Dismissal within 30 calendar days of employees in the amount of 1% of the total number of personnel in case of business liquidation or staff reduction - this criterion applies in regions where the number of employed foxes is less than 5000 people.

Note! In addition to the above criteria, in some regions, additional principles for determining the mass layoffs depending on the characteristics of the territory may be approved.

Features of the procedure for the mass release of staff

If an employer is forced to take such an extreme measure as mass layoffs, he must comply with legal requirements. According to paragraph 3 of Art. 21, para. 2 stat. 25 of the Law of the Russian Federation No. 1032-1 dated April 19, 1991, the enterprise is obliged to notify the trade union bodies and the employment service. At the same time, documents are submitted to the trade union at least 3 months in advance. before the start of the planned activities; and the territorial branch of the TsZN - at least 2 months. with the usual reduction, for 3 months. - at mass.

This is done in order to increase the chances of further employment of specialists, because the job market, like other markets, cannot always provide the required number of offers. Additional guarantees are established in Part 5 of Art. 74 of the Labor Code, which states that in the event of threats of mass dismissal of personnel, the employer has the right to introduce a part-time employment regime for up to six months. Such a decision must be made by agreement with the trade union bodies and taking into account the requirements of stat. 372 TK. If the organization does not provide for the creation of a trade union, this rule does not apply.

Note! Lockout is carried out in situations where there is no other way out. If it is possible to take preventive measures, the employer should use all options to avoid mass layoffs. For example, this is the temporary dissolution of staff on vacation at their own expense, the transfer of employees to a part-time regime or to other positions, etc. All permutations should be documented to justify the legality of the action.

Personnel processing of documents in case of mass dismissal

So, mass layoffs are inevitable. What steps are required by the employer's administration? The procedure includes the following successive steps:

• Drafting an order of the head of the employer on the upcoming reduction - the order is formed and brought to the attention of the staff, taking into account the three-month warning period for the reduction. Be sure to provide data on the total number of dismissed employees, positions and EP (if there are divisions in the company), dates of termination of the TD. Information is brought to each dismissed employee under a personal signature.
• Development and compilation of an updated staffing table - it is recommended to apply f. T-3, positions are given taking into account personnel changes and the needs of the enterprise. When selecting candidates, it is necessary to take into account the level of qualification of specialists, experience, etc.
• Staff Notification – Employees must be notified at least 60 days in advance. before the actual date of reduction (part 2 of article 180 of the Labor Code). The form of such notification is free, but must be in writing. Each employee must not only familiarize himself with the information, but also confirm this by affixing a personal signature.
• Assistance to laid-off workers in their subsequent employment - in accordance with Art. 180, the current employer must offer other types of work (positions), including lower ones, to the specialists falling under the reduction, as well as promote employment in other organizations.
• Notification in writing of trade union structures and the Employment Center - this requirement also applies to employers-entrepreneurs.
• Registration of personnel documents for the termination of TD - orders are drawn up, data is entered into personal cards, work books.
• Calculation of accruals - in addition to salary payments and other remunerations for the LNA of the enterprise (bonuses, allowances, incentive payments), in case of staff reduction, the employer is obliged to pay severance pay in the amount of average earnings per month. Such compensation is issued for 2, and in special cases for 3 months after dismissal.
• On the last day of work, the employer issues work books to employees and pays the due amounts. At the request of individuals, other documents are additionally issued - certificates, personalized data and other forms.

Conclusion - in this article we figured out what a mass dismissal of personnel is and what documents such an event is drawn up with. If you have any questions, a free legal consultation can help. A similar service is provided both online and in person at specialized companies.

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

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

• How to determine if a layoff is massive?
• How is it different from the usual?
• What are the obligations of the employer towards employees and government agencies?

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

When the lockout comes

The mass release of employees is not a very frequent phenomenon, however, it can take place under certain circumstances, usually unfavorable for the organization. Whatever the outcome, mass layoffs can result in one of two real reasons.

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

NOTE! For any of these reasons, dismissal can be both ordinary and massive.

Lockout or just a layoff?

Where to look for the answer

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

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

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

Lockout Criteria

Consider in what cases the release of employees will fall under the signs of mass layoffs. This takes into account:

• the total number of employees in the enterprise;
• the number of layoffs;
• the percentage of released employees from their total number;
• the time during which layoffs occur;
• unemployment rate in a particular region.

1. In the event of liquidation of an enterprise, no matter what legal form it belongs to, the dismissal will be considered massive if the organization had 15 or more employees.
2. To reduce the number or staff, the mass character depends on the number of employees dismissed from their posts for a given time period:
   • fifty or more people were fired in a month;
   • over 2 hundred people lost their jobs in 2 months;
   • over 500 workers left their jobs in 3 months.
3. For any of both reasons, the dismissal falls under the mass criterion, if in regions where no more than 5 thousand people are employed, 1% of the total number of employees lost their jobs within a month.

ATTENTION! If the unemployment rate in the region is especially high, more than 11%, then the issue of suspension of mass layoffs can be decided by local governments. They cannot be completely abolished, but it is allowed to slow down the process so that the employment service and trade unions can cope with such an “influx”. It is allowed to increase the layoff interval of 50 people up to 8 months, 200 or more employees can be fired within 10 months, and five hundred employees - for a period of at least a year.

What an Employer Shouldn't Forget

A lockout is a responsible process that must be carried out strictly in accordance with the law, and the legislation has many inviolable prescriptions in this regard. To do this, it is better to follow the established algorithm, acting strictly according to the protocol and not forgetting to notify the relevant authorities and correctly draw up all the necessary documents.

A step-by-step algorithm for a mass-laying employer

1. Drawing up a written appeal to the trade union body of the organization and the regional employment service three months before the start of the event.
2. Development of an updated staffing table taking into account the number of remaining employees (either throughout the organization, or for some structural unit or certain categories personnel). approval of this document.
3. On the basis of the approved staffing table, the issuance of an order for the organization to reduce the number or staff.
4. 2 months from the date of dismissal specified in the order, notify in writing the people who are subject to dismissal. If there are suitable vacancies in the firm or positions in branches, they should be offered to persons falling under the order. The employee must sign the notice of impending dismissal. If he refuses to endorse the notice, it must be sent by mail with a notification to the address indicated during employment, or the refusal should be recorded by an act signed by two witnesses.
5. Preparing a letter of resignation. Familiarization with him by employees under personal signature. In case of refusal, actions similar to paragraph 4 are performed.
6. Registration of records in work books employees who lose their jobs. The entry indicates the reason for the dismissal (downsizing, liquidation of the enterprise, and possibly own wish or agreement of the parties), the relevant article of the Labor Code. Number and date of the order to dismiss.
7. On the last working day, accruals are made to all departing employees due payments and compensation - wages, funds for unused vacations, severance pay due upon dismissal under articles 178 and 180 of the Labor Code of the Russian Federation.
8. Submission to the employment service of this region of information about laid-off workers, because they may differ from those that were submitted three months ago, if, for example, some employees were transferred to other positions.

Employer risks

There are a number of points that the employer should in no case lose sight of during a mass layoff so that no one can make claims to him for violating the law.

1. When reducing, it is necessary to take into account the categories of employees that fall under it, especially their qualifications.
2. It is impossible to dismiss the preferential contingent for reduction, even if it is inferior in qualification to other employees, namely:
   • women expecting a baby;
   • single parents who take care of children under 14 years of age (and disabled people under 18 years of age);
   • adoptive parents, guardians of children under 14 years of age.
3. Timely notification of the lockout of state and trade union bodies. If it's not done or skipped statutory term, the employer will receive a serious administrative penalty in the form of a fine of 2 to 3 thousand rubles. for a specific official and from 10 to 15 thousand rubles. - for an organization (Article 19.7 of the Code of Administrative Offenses of the Russian Federation).

The list of documents required by the employer

Necessity and legality of the perfect lockout, the entrepreneur can use the relevant documents, which include:

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