Sample notice of job reduction (2021-2022). How to write it

Procedure for reducing a position

A layoff due to job reduction occurs when a company eliminates a position from its staffing schedule. The reasons for such an action can be very different, including financial difficulties of the enterprise, ineffectiveness of employees, reorganization of the company, etc.

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There is a specific, legal and time-tested algorithm for reducing staff.

The launch of the process should always begin with a written order from the director to exclude a particular position from the staffing table and approval of a new staffing table.
Then you should decide on those employees who cannot be laid off by law.
Next, there is a notice of dismissal due to a reduction in the staff of those employees whose jobs are abolished.

However, before dismissing them, the company is obliged to offer them available vacancies that match their qualifications and level of education. If there are no such vacancies or the employee refuses the options offered to him in writing, then the dismissal procedure occurs . The trade union committee (if there is one at the enterprise) and the employment center must be notified about it in advance.

Which employees are not subject to layoffs by law?

When staffing is reduced, a list of persons subject to reduction is compiled, i.e., those who will be fired. It does not include persons who have a priority right to remain at work (in relation to Article 179 of the Labor Code of the Russian Federation). These are, as a rule, highly qualified employees with high labor productivity, as well as persons with dependents and other categories of citizens.

In addition, the Labor Code of the Russian Federation determines a list of employees who cannot be laid off at all. So, for example, it is prohibited to dismiss under clause 2 of Art. 81 Labor Code of the Russian Federation:

women who are on maternity leave (Article 256 of the Labor Code of the Russian Federation);
a pregnant woman (Article 261 of the Labor Code of the Russian Federation);
single mother with a child under 14 years old;
persons on vacation (sick leave);
workers with children under 3 years of age, or raising a child without a mother;
trade union members;
minors and other persons.

All of the above categories of citizens remain working at their previous workplace. The downsizing procedure does not apply to them.

Deadlines for sending notifications

By law, notice of dismissal due to a reduction in position must be given to the employee at least two months before the date of reduction. In this case, the employee must sign that the notification has been received.

If the deadline for sending the notice is violated, then in the future the employee may challenge his dismissal, and the court will most likely take his side.

It should be noted that if a large number of personnel are dismissed at once, which is determined depending on the sector or locality in which the company operates, the employer is obliged to notify employees three months before the date of dismissal (equivalent to the entry into force of the new staffing table).

Federal standard

Currently, there is a Federal State Standard aimed at helping Russians find a suitable job, and businessmen in selecting the necessary specialists, approved by Order of the Ministry of Labor of Russia dated November 13, 2012 No. 524n.

According to paragraph 15 of the Standard, the employment service selects suitable work for Russians based on information about available jobs and vacant positions contained in the register of recipients of public services in the field of employment, which is formed and maintained by Rostrud (Order of the Ministry of Health and Social Development of Russia dated November 8, 2010 No. 972n ). Entering information about employers and vacancies into the Register is carried out solely on the basis of an application from companies that want the employment service to help them recruit personnel (clauses 4, 5, 21 of the Standard).

Thus, the organization independently chooses whether to fill vacancies through the Employment Service or through commercial recruiting agencies, and the Employment Service does not have the right, on its own initiative, to refer job seekers to the organization if the company has not applied for this service.

Moreover, in any case, applicants sent to an organization for an interview from the Employment Service do not have any advantages over other applicants for obtaining a vacant position (Clause 1, Article 26 of the Law on Employment).

Who is prohibited from being affected during redundancy?

There are categories of workers who cannot be laid off due to layoffs. These include:

pregnant women,
single mothers in whose care there are children under 14 years of age and under 18, if these are children with disabilities,
persons who have dependent children under three years of age.

They can only be fired if the company is completely liquidated.

It is possible to dismiss minor employees due to staff reduction, but this will require separate permission from a special commission for the protection of the rights of employees under 18 years of age.

Let's sum it up

Given the unfavorable epidemiological situation, employers have the right to require a certificate of absence of coronavirus from some employees.
Such certificates are issued by state medical institutions and private laboratories based on the results of the analysis.
The validity period of a COVID-19 absence certificate is minimal - from 2 to 7 days.

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Rules for writing a notice of job reduction

There is no standard unified notification template, so companies can choose one of two options: either write it in free form or develop their own document template based on their needs. In the second case, the notification form must be registered in the company's accounting policies.

The notification must include a number of required information:

Name of the organization,
date of compilation,
the date when the reduction is expected,
reason for the reduction
link to order
free vacancies available at the enterprise and suitable for the employee.

Method of refusing an offered place

If for any reason the latter is not satisfied with the positions that the employer offered to the laid-off employee, then he has the right to refuse them. But this must be done in writing. There are two options:

the employee states his refusal directly on the notice with an offer to take one of the available positions;
the employee sets out his decision in a separate document.

In the second case, the employee must write a statement of refusal from the vacancy. The document must contain:

a header indicating the full name and position of the employee, the name of the company, the position and full name of the manager;
title "Statement";
a text part that talks about receiving an offer to take one of the positions and directly refusing it.

At the end of the document the signature of the originator, its transcript and date are placed.

Rules for document preparation

The document can be written by an employee of the organization either by hand or printed on a computer (convenient when a large number of copies are required). It can be issued either on the organization’s letterhead (in this case there is no need to enter company details manually) or on a regular A4 sheet.

The notification is left in two copies , each of which must be signed by the head of the organization. Then one of them is sent to the employee, and the second is registered in the journal of internal documents and is subsequently transferred to the archive of the enterprise.

Example of writing a notice of job reduction

At the top of the document on the left or right (this does not matter) you need to write the name of the organization, as well as the position, surname, first name, patronymic of the employee to whom the notification is sent.
Then the name of the document is written in the middle of the line.
In the main part, the reason for which the decision was made to reduce the position (staff of employees) is first indicated, then the date of the decision is entered and a link to the order (date, month, year of issue and its number).
After this, the date on which the dismissal is expected to take place is entered into the document, and the available vacancies that were offered to the employee for transfer are also recorded (indicating the salary amount).
Then the notice must remind you that in case of refusal from available jobs, the employee will be dismissed in accordance with current legislation and the payment of compensation due to him.
Finally, the form must be signed by the head of the company.
Under the director's autograph, you need to leave a line for the employee to sign about familiarization with the document.

How to write a notification about the absence of vacancies during layoffs

A notice of the absence of vacancies during layoffs may have the following structure:

At the top of the document you must indicate the full name of the employer for whom the employee works.
In the header of the notification, the position and full name are indicated. the employee being laid off, as well as the structural unit in which he worked. If the notification is sent by mail, the recipient's postal address is written in the “header”.
After this, indicate the full name of the document and the outgoing number assigned to it, and the date of the notification.
This is followed by a polite address to the employee. For example, “Dear Sergei Petrovich!”
Then the employee is notified of the upcoming layoff, indicating the details of the order in accordance with which this decision was approved, or the details of the previous notification by which the employee was already notified of his layoff. Here they also make a reference to Part 1 of Art. 180 of the Labor Code of the Russian Federation, according to which, when laid off, an employee must be offered an existing other job, including a temporary one, and he can be transferred to another position if a suitable vacancy is available. After this, the employee should be informed that, as of today, there are no jobs (vacant positions) in the organization’s staff that correspond to his qualifications.
The notice is signed by the manager.
After delivering the notice to the employee in person, he signs it and puts the date of familiarization with the text of the document.

If notification of the absence of vacancies is sent to the employee by mail, it is imperative to use a registered letter with an inventory and a postal notification form. A sample notice of vacancies in case of layoffs will be given below.

How to send a notification

There are several ways to bring the notice to the attention of the employee.

The first and simplest: by handing it over personally from hand to hand.
The second, more time-consuming: send a notification to the employee’s home address by mail (for example, if the employee is on vacation or sick).

In this case, it must be sent by registered mail with return receipt requested - this form of sending guarantees that the addressee received the message.

The third option is to read the layoff document out loud to the employee, but in this case, the presence of witnesses or a specially created commission that is authorized to certify that the notice was brought to the attention of the dismissed person is necessary.

The offer must be made in writing

It is important to understand that the offer of vacancies during layoffs must be made exclusively in writing. On the document itself, the dismissed employee must indicate his decision regarding the proposed position: consent or refusal. Only in this way, in the future, if a labor dispute arises, the organization will be able to prove that the procedure for laying off employees established by law was followed.

Judicial practice shows that the offer of vacancies during layoffs must occur repeatedly. Positions to dismissed employees must be offered as they become available throughout the entire period, starting from the day of notification of the layoff until the day of dismissal (appeal ruling of the Tver Regional Court dated 02/10/2014 No. 33-150).

To avoid litigation, it is better to offer employees all suitable vacant positions again on the last day of work. To make the work of a HR specialist easier, our experts have prepared a sample proposal for transfer to another position in case of staff reduction.