What should an employee do? What are the basic rights and obligations of an employee? Two reports must be submitted to the Pension Fund

According to the Labor Code, an individual entrepreneur has the right to hire employees and this process is not much different from the employer of organizations. However, Chapter 48 of the Labor Code of the Russian Federation describes the characteristics of the work of workers whose activities are related to individual entrepreneurs.

By law, every employer must officially employ employees. Within three days after the employee has started work, the employer is obliged to formalize their relationship employment contract and make an entry in work book.

If the entrepreneur violates the requirements of the law, then he is liable:

Administrative - a fine of up to 50 thousand rubles or freezing of activities for up to 90 days;

Tax - a fine from the inspection services, depending on the severity of the violation;

Criminal - a fine of up to 200 thousand rubles or imprisonment for up to 2 years.

In order to hire an employee, you must:

Conclude labor or civil contract;

Design personnel documents;

The civil law contract facilitates the process of employment for individual entrepreneur. In this case, the contract is concluded for the performance of a specific amount of work or the provision of a service and does not require registration with the FSS.

Also, no matter what contract of employment was concluded, the employer, within 30 days from the date of registration of the first employee, is obliged to register with the Pension Fund.

Step by step registration of an employee

In order for the employer to be able to register an employee, he must provide the following package of documents:

Employment book (if not available, issue it yourself);
Military registration documents;

Documents confirming the qualifications of the employee (diploma of higher or incomplete higher education).

Consider the step-by-step registration of an employee in accordance with the Labor Code of the Russian Federation:

1. The employee must write an application for employment in accordance with the staffing table.

2. According to article 57 of the Labor Code of the Russian Federation, the employer draws up in 2 copies. One copy remains with the entrepreneur, the other is given to the employee. The contract must include the following information:

Full name of the employee and employer;

Details of the organization;

Passport data of the employee;

Schedule;

Information about wages and bonuses;

labor obligations;

Date and signature.

3. The employer acquaints the new employee with his activities and the available local acts: job description, regulations on labor protection, internal labor regulations, etc.

4. The entrepreneur draws up in accordance with the unified form T-1 ..

5. The employer creates an employee's personal card.

6. The head makes an entry in the work book within a week from the date of conclusion of the employment contract.

Employee and per employee benefits

Article 136 of the Labor Code of the Russian Federation provides that an entrepreneur is obliged to pay wages to an employee every half a month. The terms and procedure for payments are established by the employment contract. When calculating salaries, it is necessary to maintain personnel records and a time sheet. Late payment imposes administrative or material liability on the employer.

An employee registered under an employment contract has the right to annual paid leave and sick leave. In turn, the employer must deduct personal income tax from the salary once a month and transfer it to the budget. It is 13% and is transferred to the tax office no later than two days after the salary is calculated.

An entrepreneur who has attracted a certain number of employees becomes an employer, which means that he must transfer the contributions established by law. Insurance premiums must be paid by the 15th of each month. The contribution rate is 30% of the employee's salary, where 22% in the PFR, 5.1% in the MHIF and 2.9% in the FSS.

When concluding a civil law contract, the employer is not required to pay funds to the FSS, but transfers are allowed if desired.

Entrepreneur reporting by employee

With employees, the entrepreneur increases the number of reports that should be submitted to various authorities. Accordingly, it is important for the employer to know where, when and what reports must be submitted.

Reports on employees are submitted in three instances:

Tax authority;

Pension Fund;

Social Insurance Fund.

The following reports must be submitted to the IRS:

Information about the average number of employees - the data is submitted once a year. They must be submitted by January 20 of the following year. For example, a report for 2017 must be submitted by January 20, 2018. Information is needed in order for the tax office to control the number of employees when calculating taxes and imposing special tax regimes.

Help 2-NDFL - a report is provided once a year until April 1 for each employee. The certificate displays information about the employee's income, due deductions and income tax withheld for the past year. If the staff of an individual entrepreneur is more than 25 people, the report is submitted electronically.

Help 6-NDFL - is rented quarterly until the 1st day of the next quarter. The certificate must be submitted on time. For delay, in addition to a fine, the tax authority has the right to block the current account.

Calculation of insurance premiums - shall be submitted quarterly by the 30th day of the next quarter.

Two reports must be submitted to the Pension Fund:

Information about insurance experience- are rented once a year at the end of the year. The report must be submitted by March 1 of the following year.
SZV-M - a report must be submitted monthly by the 15th day of the next month. The document contains information about the employer and employees. For employees, the following information should be available: full name, SNILS and TIN.

Social Insurance Fund:

4 FSS - the report is submitted once a quarter by the employer who pays contributions for accidents. The report is needed so that the employer can return part of the funds paid. Information must be submitted by the 25th of the next quarter.

Registration of a part-time employee

The algorithm for hiring a part-time employee is practically the same as hiring a full-time employee. But there are several nuances:

1. Accept the application. In the application for employment, the employee indicates the desired position and the size of the rate.

2. Acquaintance with local acts under the signature.

3. The conclusion of an employment contract, where special attention is paid to the points on working hours and the size of the rate.

4. Issuance of an order, which must contain information that the employee has been hired part-time.

5. Entry in the work book. Rate information is not provided.

When concluding an employment contract, you should calculate the number of hours for a part-time job. You must specify the number of hours worked per day, week or month. This information is needed in order to correctly calculate wages. At the same time, it is recommended to indicate the full-time salary in the employment contract, but it should be clarified that the employee was hired part-time and the salary is a smaller amount.

The law of the Russian Federation establishes minimum payment labor. But, working part-time, the employee may receive less than this amount. Clarification in the employment contract will help avoid problems with the labor inspectorate and explain why payment is made in a smaller amount than the established minimum.

Most often, workers get a part-time job, having a main job. In this case, the work book remains in the main place and no records of part-time work are recorded.

Making a temporary worker

In the course of work, situations arise when an employee goes on maternity leave or takes long-term sick leave. The employer is forced to attract an additional person to carry out labor duties, a temporarily absent employee.

An entrepreneur can resort to several options.

Transfer duties to another employee working for him.

In this case, an additional agreement is concluded and an order is issued. The documents should include information about additional work responsibilities and changes in wages. Apart from their labor functions, the employee is obliged to fulfill the assigned additional duties.

Transfer of an employee to a temporarily vacant position. Previous duties are completely removed from the employee and new ones are assigned. You can stay in positions in connection with the transfer for no more than a year. The entry in the work book is not entered. As soon as the absent employee returns, the replacement employee moves to his position. To carry out the transfer, the employer draws up an additional agreement to the employment contract.

Conclusion of a fixed-term contract.

Can replace an absent worker new employee with which it is concluded. The contract is drawn up in the same way as an open-ended one, but a clarification is prescribed that the employee is hired to replace a temporarily absent employee. If the date of return of the employee is known, it is possible to limit the work of the new employee to specific terms.

Any citizen must know his rights and obligations, demand the fulfillment of the first and strictly adhere to the second. As for such a category as employers, since they influence an even larger category - employees, knowledge of all the rights and obligations associated with the onset of labor relations is necessary for both parties.

Legislative regulation

All labor Relations are under the jurisdiction Labor Code Russian Federation. The rights and obligations of the employer, as a party to labor relations, include the materials of Art. 22. The text of the article contains a list of the powers of the employer, which is very convenient for practical application. And in case of violation of rights or failure to fulfill prescribed obligations, it is easy to trace the legislative basis for protecting your interests.

IMPORTANT! The list is quite complete, but not exhaustive, the article explains what the obligations of the employer arise and how his rights are limited.

Responsibilities of the employer

The obligations of the employer can be divided into groups depending on to whom these obligations come.

What is the obligation of the employer as a subject of legal relations

As a party to labor law, the employer must observe and fulfill the following obligations:

Strictly follow the labor laws in force on this moment in the country.
Comply with the norms prescribed in various regulatory documents on labor legislation:
- normative acts;
- local documents;
- federal laws, regional and municipal regulations;
- collective agreements;
- individual labor contracts;
- additional agreements.

Obligations of the employer to state regulatory authorities

These duties cannot be attributed to those that arise directly in front of employees, however, their observance is aimed at organizing favorable work for hired personnel. So, the employer in relation to the management and control bodies is obliged to comply with all instructions issued by the federal authorities executive power exercising state supervision and control over the proper implementation of the norms of the Labor Code of the Russian Federation.

An employer's obligations to its employees

When hiring employees, the employer assumes a fairly large number of obligations. There are many of them for the reason that they must guarantee the observance of the rights of employees, which are also recorded in the Labor Code of the Russian Federation (Article 21). They can be reduced to several groups that differ in the principle of the actions taken:

obligations related to compliance with the norms of the Labor Code in relation to employees;
responsibilities related to the organization, protection and remuneration of labor;
responsibilities governing the execution of working documentation;
responsibilities to ensure the work is all necessary.

Consider some of the obligations of the person providing work, listed in the corresponding list from Art. 22 of the Labor Code of the Russian Federation.

The employer must provide the hired employees with the work stipulated by the concluded agreements.
Providing the opportunity to work, the employer is obliged to provide workplace, equipment, materials, raw materials, special documentation, tools and other factors that will be necessary for full-fledged activities under an employment agreement.
The organized conditions and principles of compliance with labor safety must meet the requirements established in the labor legislation for the given branch of activity.
Pay for work of equal value should be equal.
Differences in pay should be due to objective factors provided for by the Labor Code of the Russian Federation: qualifications, employee experience, level official duties, their number, etc.
Payment of remuneration for work must be made in accordance with the collective agreement or individual contracts terms, if they do not contradict the requirements of the Labor Code of the Russian Federation.
Employees should be provided with rest as a break for meals, days off in accordance with the regulations, annual holidays, etc.
For the categories of workers provided for by law, there must be special treatment labor: for example, abbreviated work time, light labor etc. .
Local acts adopted at the enterprise must be brought to the attention of the personnel, which is confirmed by the personal signature of each employee on familiarization with them.
The employee must be registered in accordance with the requirements of the law, therefore the obligation of the employer is to conclude an employment contract with him.
The conclusion of the collective agreement and the conduct of collective bargaining also lies on the shoulders of the employer.
If violations of the organization of labor and its safety are revealed, or the employee declared this, the employer must necessarily consider these problems and take the necessary measures to eliminate them.
In case of harm to the employee through the fault of the employer, the latter is obliged to reimburse the treatment, as well as compensation for moral damage (within the framework of the Labor Code of the Russian Federation).
An employer must provide social insurance for all its employees.

NOTE! Failure to comply with their obligations for the employer is fraught with administrative punishment - a fine. Penalties are provided for by the Labor Code of the Russian Federation, as well as the Tax Code and sometimes the Civil Code of the Russian Federation.

The most serious violations of their duties may deprive the employer of the right to operate and occupy certain positions for one or another period.

What is an employer entitled to?

The rights of the employer apply to a number of actions related to the following labor moments:

various actions aimed at the dynamics of employment contracts: conclusion, amendment, termination, renegotiation;
collective agreements and actions related to collective relations;
incentives for employees;
ensuring the responsibility of working personnel;
all actions related to internal regulations.

In Art. 22 contains a list of the rights of the employer (also detailed, but not exhaustive).

The employer has the right to keep relevant documentation - employment contracts, local acts, collective agreements, regulations, etc.
The employer is allowed to encourage employees by any means for the proper performance of labor obligations.
For non-compliance with the requirements of the Labor Code of the Russian Federation and the rules stipulated by internal documentation, the employer has the right to hold its employees liable under the law.
The legal right of the employer is to demand from the personnel a careful attitude to the property of the company, equipment, materials, etc., as well as strict adherence to the established rules of labor safety and technological processes.
The employer may be the founder or member of any associations acting to protect the interests of this category.

NOTE! Like the employee, the employer is also protected by law in guaranteeing the observance of his rights, and in case of their violation, he can apply to the courts to defend his interests.

All the main rights and obligations of the employee and the employer are written in labor legislation. Since most of the adult population of the country is either hired employees or those who offer work, every citizen should know their rights and obligations in this part of the Labor Code.

Employment relations are the relationship between two subjects of law, namely an employee and an employer. The main document that carries out the relationship between them is an employment contract.

worker is considered a citizen who at the time of the conclusion of the contract is 16 years old, fulfilling the obligations assigned to him production duties and receive a monetary reward for it. There are cases when an employer is allowed to hire an employee under the age of 16, but the appropriate permission must be obtained from the parents.

employer is an organization or a citizen empowered to conclude employment contracts. The employer may have the status of an individual entrepreneur. An agreement can be entered into individual without professional status if the hired person will be doing the job, such as a household helper or personal secretary.

Basic labor rights of an employee

Everything related to rights is written in article 21 of the Labor Code of the Russian Federation. They can be roughly divided into three groups.

The first is the rights that determine the correctness of the conclusion of labor relations:

drawing up, amending and terminating the contract;
compulsory social insurance.

The second group: the rights to comply with standards, GOSTs and obligations that are granted by law:

the employee can hold a position and be enrolled in the state according to the contract;
to receive information about working conditions, to be instructed on labor protection;
in full and in a timely manner, the service provided, depending on the degree of professionalism, the specifics of work, the volume and quality of the work performed;
has the right to refuse overtime work if it is not specified in the contract;
enjoy the right to rest, including paid leave, holidays and weekends. Establishing normal working hours;
receive additional professional education and training to improve skills.

Need to know! The employee has the right to refuse to perform work if its performance threatens his life and health.

The third group - the employee has rights that are responsible for his labor guarantees and interests:

the right to create labor associations, including trade unions (organizations for the protection of the rights, freedoms and interests of the working class), which can be contacted in case of violations or
take part in the management of the organization;
conduct collective bargaining and draw up collective agreements;
protect interests, guided by labor legislation, including in the event of liquidation of an enterprise;
resolve industrial conflicts;
the right to compensation for losses that were associated with labor activity in the organization, including compensation for moral damage.

List of duties of an employee in labor law

The goal is to carry out the conscientious performance by employees of their professional functions, as well as the proper attitude to the property of the organization and the implementation of labor regulations.

The employee must comply with the following rules:

perform the duties specified in the employment contract;
comply with the local labor regulations of the organization;
be guided by the rules of labor discipline;
observe carefully;
takes care of the property of the enterprise and colleagues;
immediately notify the management of the occurrence of a situation that may threaten the life or health of people, the property of the organization.

Additional employee rights

According to Article 197 of the Labor Code of the Russian Federation, an employee has the right to receive additional professional education. The employer draws up an agreement with the applicant, according to which he will receive additional education with or without interruption of production. A specialist who combines work with training has the right to count on. According to the Labor Code (Articles 173–176 of the Labor Code of the Russian Federation), student leave is a type of additional paid leave.

Travel cancellation cases

Not every employee agrees to go on business trips, especially long ones. Refusal to comply with the order is considered lawful if the employment contract indicates the impossibility of traveling to other cities on behalf of the employer under certain circumstances. In the absence of a prescribed clarification, the employee is obliged to comply with the requirement.

The legislation provides for the impossibility of sending on a business trip the following persons:

minors who have a student agreement;
women raising children under three years of age;
single parents raising a child under five years of age, as well as guardian workers;
workers located on

What is the right of an employee injured at work?

The employee is entitled to receive:

temporary disability benefits;
lump sum payment;
receive insurance payments every month;
receive monetary compensation for rehabilitation and medicines;
reimbursement of travel expenses for medical services;
Opportunity to retrain in another specialty.

Information! The employee has the right to receive compensation for moral damage.

The right to file a claim against the employer in case of violation of rights

In case of violation by the employer of the rights of the employee, the latter has the right to file a complaint with the trade union that protects the rights of the employees of the enterprise. The Commission on Labor Disputes (CTC) considers individual appeals from citizens whose rights have been violated. In the absence of these bodies at the enterprise, you should:

Apply to State Inspectorate labor. If violations are detected, the employer will be fined and will receive instructions to eliminate the shortcomings.
Contact the prosecutor's office. The facts of the application will be checked, and in case of violations, the employer will be punished.
File a lawsuit.

Downsizing at work

If the employer is the initiator of the dismissal, then according to the rules labor law, he must notify the subordinate by giving him a notice.

Information! The employer is obliged to offer a vacant position, if there is one in the enterprise, but the decision remains with the employee.

According to Article 179 of the Labor Code of the Russian Federation, there are categories of workers who have the advantage of staying at their workplace if:

the employee has two or more disabled persons as dependents;
the qualification is higher than the education of other workers, under equal conditions of production;
the employee is the sole breadwinner in the family;
the employee received an occupational disease, injury while working at this enterprise;
the person is currently undergoing advanced training.

Information! An employee may qualify for benefits from the employer if he does not get a job. new job during two months.

Company liquidation

In the event that the employer has decided to liquidate the organization, the employee has a list of rights and guarantees regulated by labor legislation:

two months before the liquidation of the enterprise, employees must be notified of this;
all debts are paid, as well as severance pay;
in the event that an employee has not settled in a new job within three months, he can count on receiving a payment equal to his salary;
on the day of dismissal, receiving a full payment;
the employee has the right to register with the employment center in connection with the reduction or liquidation of the organization.

Need to know! These rights may be supplemented by the employer, but in no case be reduced.

Dismissal by agreement of the parties

In this case, the following payments are provided:

remaining wages;
stipulated allowances and coefficients;
bonuses that were not paid on time;
cash compensation for unused weekends and vacation days;
other unpaid funds.

An employee can terminate an employment contract with an employer

To do this, the employer must be notified in writing two weeks before the dismissal of the employee. If the employee is unable to continue to perform immediate duties, for example, he entered the study, the employment contract is terminated from the moment the application is submitted. Also, the agreement terminates at the initiative of the employee in case of violations by the employer. The employee also has the right to withdraw his letter of resignation if the notice period has not expired. On the last working day, the manager is obliged to fully calculate and issue.

Definition

Before listing the rights and obligations of an employee, it is necessary to initially define both the term and the topic itself. So, an employee is a subject of labor law, an individual who works under an employment contract with an employer who receives a salary for this. His legal status determined by labor legislation and, in addition, by the Collective and Labor agreements. firms also determine the legal status of employees. Every worker is obliged to comply with the requirements prescribed by the Labor Law.

What can you claim?

And now directly about the rights and obligations of the employee. Each worker may conclude, amend and terminate the Employment Contract. But only in accordance with the conditions provided by law. He also has the right to receive a salary corresponding to his work. That is, the efforts made must be paid for at its true worth. Also, every employee of any company or organization can count on legal rest(breaks, weekends and holidays), which should be enough to replenish strength and energy. Holidays should also be non-working, and annual leave- paid.

If an employee has a desire to undergo vocational training, retraining or advanced training, then he should be given such an opportunity. He can also protect his labor rights and freedoms in any way, if it is not prohibited by law. And demand compensation for the harm that was caused to him in the process of performing his duties. Each employee also has every right to compulsory social insurance and compensation for moral damage.

What should I do?

The rights and obligations of an employee are inseparable from each other. Why? Yes, because, only by fulfilling their own gains rights. Therefore, it is worth talking about what a person who has been hired for production should do.

His first duty is to conscientiously fulfill the labor duties that were assigned to him. Compliance with the internal regulations of the enterprise is also necessary. Like matching labor discipline and labor standards. In addition, each company has requirements regarding labor protection. They, too, must be observed. In addition to the above, employees must carefully and accurately handle the property in the workplace, whether it be equipment, tools, furniture, etc. All of them are responsible for the safety of what is in the workplace. And it is also the duty of each individual to inform the employer about the occurrence of any situation that may pose a threat to the health or life of all those at work. These are the basic rights and obligations of an employee.

Sphere of pedagogy: law

Everyone knows that one of the most difficult and, unfortunately, ungrateful is the profession of a teacher. And in general, the field of teaching is extremely complex and multifaceted. Rights and obligations teaching staff, respectively, too. Their general list is presented in the Law of the Russian Federation “On Education”. But everything is written there too long and voluminous. So the rights and obligations of pedagogical workers can be singled out only after analyzing the content of the entire law.

First of all, teachers are obliged to comply with the legislation of the Russian Federation. The charter, educational legislation - all this is also included there. Teachers should conduct the educational and educational process with the highest quality and conscientiousness, and contribute to the development of students. Teachers also undertake to comply with state-established standards. That is, in other words, the program. And follow the class schedule and curriculum. Also, teachers should systematically improve their own professional qualifications.

Personal qualities

Teaching is about people. Therefore, it is logical to assume that the basic rights and obligations of an employee who is a teacher (school, technical school, college or university) are associated with some personal characteristics.

The teacher must follow professional ethics, Firstly. To develop in their students independence, creative or other abilities, to form the correct, healthy lifestyle life, secondly. Show respect for students and try to arouse their interest in educational process. Also monitor progress and certification, periodically introduce something new into the curriculum or program. And, of course, to create good moral and psychological conditions in the team so that everyone feels equally comfortable. The teacher must also educate and teach in accordance with the specifics of his subject. And if something complicates this process, you need to eliminate it.

In general, the labor rights and obligations of a teaching worker are numerous and complex. But the teacher owes so much... And what can he expect in return? For a free medical examination, a decent salary (in our country, unfortunately, teachers are not given due attention in this regard), for recreation, protection of their interests, freedoms and personality - this is, in a nutshell.

About social workers

Who are these experts? People who provide social and pre-medical services to single citizens or those who, due to their age or physical limitations, cannot serve themselves. serious. And it is not surprising that the rights and obligations social worker are also large and numerous.

So, such a specialist is obliged to buy and deliver food, medicines, household goods and hot meals to the ward. But the rights and obligations of a social worker overlap. So this specialist cannot be overloaded. Norm - as a maximum of 4 kilograms of all of the above per person, 6 kg - for a family of two, 9 kg - for three. The social worker has the full right to refuse the delivery of things and everything else in a large volume.

Cooking, boiling the kettle, feeding (if the ward cannot eat himself), cleaning or repairing the apartment - all this he must also do. Even to heat the stove, if there is no other way to warm up in the house of the ward. Take things to the dry cleaners, wash them, pay for housing and public utilities, write letters, if necessary, buy magazines or newspapers, help visit theaters, exhibitions and other cultural events ... In general, in the truest sense of the word, help the ward live. Basically, do whatever it takes. A very difficult job that not everyone can endure.

Medical field

Rights and obligations medical workers is also the topic that requires special attention. Take, for example, an emergency doctor. This specialist must have a certificate of completion of an internship in "ambulance" or undergo appropriate training after medical school.

The visiting doctor should quickly and efficiently provide assistance on the spot and during transportation to the hospital for all victims. Own all methods of treatment and previous diagnosis of emergency conditions, if necessary, use medical and diagnostic equipment. The toughest duty is to work on a schedule without the right to sleep, and at the time when there are no calls, to be at the substation. You can't go anywhere.

You must always carry your ID with you. Sign in duty magazines, receive overalls, inquire about the composition of the brigade and vehicle number, check equipment and medicines. It is also necessary to keep the work of the entire team under control.

Criminal cases

The rights and obligations of medical workers are calculated by the volume of pages. Therefore, it is worth noting briefly the criminal cases. If the brigade was called to the crime scene, the doctor, upon arriving at the scene, is obliged to keep in touch with the police officers and the senior doctor of the operational department. Ensure that there are no strangers on the spot and that the situation remains the same as it was at the time of the incident. If the victim is alive, provide all possible immediate assistance. If a weapon is found, keep it until the police arrive.

Pharmacists

They also need to be told, touching on the topic of medicine. After all, the rights and obligations pharmaceutical workers- this is also important. Any person cannot become a pharmacist, he must have a diploma in the specialty “Pharmacy”. There may or may not be a season. This person must know the structure and laws of health care, as well as everything related to medicine (ethics, psychology of professional communication, theoretical basis providing emergency medical care, etc.). This medical specialist Provides prescription-only drugs to customers (unless the person asks for a drug that can be purchased without them). He must also ensure the safety of the goods he has accepted, and distribute them to the appropriate storage locations.

Economic field of activity

Finally, I would like to briefly discuss the rights and obligations of accounting employees. What should this specialist do? The accountant is obliged to keep records of property and fixed assets, production costs. Control and record settlements with customers and suppliers, sell products and monitor the results of economic and financial activities.

Reports, control of the movement of fixed assets, acceptance / verification of primary documentation, paperwork, accounting entrepreneurial activity, developing cost-saving methods in the company, their inventory - all this is his responsibility. In general, everything related to money lies on the shoulders of the accountant. A very responsible job in which you can not make a mistake or miscalculation. But to facilitate activities, he has the right to ask for help and assistance from the boss and to involve other specialists who are entrusted with certain duties in the company.

The reduction can be carried out by reducing the number of employees, or reducing staff units. This procedure is carried out to optimize the work of the enterprise. The leader has two options:

Remove unnecessary positions from the staff list.
Reduce the number of employees in positions.

The general principle looks like this:

the leader makes the decision;
the order must be issued two months before layoffs, if they are massive, then the period is increased to three months;
preparing and approving a new staffing. Important. It is impossible to dismiss for reduction without exclusion of posts from the staff and approval of its amended version;
the employment service is notified about the upcoming event (part 2 of article 25 of Law No. 1032-1 of 04/19/91);
priorities are set in the selection of employees who will remain working.

The Labor Code of the Russian Federation establishes a list of persons who cannot be dismissed by reduction, and persons who fall under the procedure in the first place (Article 279, Article 161).

Labor Code of the Russian Federation, Article 279. Guarantees to the head of the organization in the event of termination of the employment contract

In case of termination of the employment contract with the head of the organization in accordance with paragraph 2 of Article 278 of this Code, in the absence of guilty actions (inaction) of the head, he is paid compensation in the amount determined by the employment contract, but not less than three times the "average monthly earnings", except for the cases provided for by this Code.

Labor Code of the Russian Federation, Article 161. Development and approval of standard labor standards

For homogeneous work, standard (intersectoral, sectoral, professional and other) labor standards can be developed and established. Model labor standards are developed and approved in the manner established by the federal executive body authorized by the Government of the Russian Federation.

The following categories are fired first:

employees are pensioners;
employees who do not have much experience and work experience;
workers who have poor performance, frequent comments.

minors;
pregnant women;
women on maternity leave;
women with children under three years of age;
single parents with a dependent child under the age of 14;
people with a disabled child.

Important. It is possible to reduce a maternity position only after the main employee starts working (the exception is the complete liquidation of the enterprise) (Article 256 of the Labor Code of the Russian Federation).

After the selection of persons who will fall under the reduction, they must be notified of this in writing against signature.

the possibility of replacing alternative posts. When there are vacant positions in the company, the boss must offer them to the dismissed persons;
order to terminate the employment contract, its registration. Important. The employer cannot dismiss an employee during vacation or sick leave (Article 81 of the Labor Code of the Russian Federation);
final payment of employees.

On the day of dismissal, employees are paid settlement, all compensations stipulated by law.

A work book with a corresponding entry and other certificates are issued at the request of the dismissed person.

Reference. When people are threatened with layoffs, you should not immediately quit and rush in search of a new job. When dismissed in this way, the employee is entitled to fairly solid payments.

Therefore, it is worth waiting for this moment, and only then look for a new place.

Responsibilities of the employer in case of layoffs

The manager has no right to fire employees just like that. All norms and requirements of the Labor Code of the Russian Federation must be observed. So, what is the employer obliged to provide when reducing?

Employment

If the company does not completely cease to exist, then the employee must be offered any other vacant position.

Upon dismissal due to redundancy, the employer must within two months, in case of a vacant vacancy, notify about this reduced employee.

final settlement

In case of reduction, the employer is obliged on the day of dismissal pay all outstanding payments(Article 140 of the Labor Code of the Russian Federation):

full payment upon dismissal (including compensation for unused vacation);
severance pay (the amount is the average monthly salary);
a person receives an average salary within two months after dismissal, and when applying to the employment service - three months (an exception is employment during this period);
issuance of required documents.

Labor Code of the Russian Federation, Article 140. Terms of calculation upon 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.

On the day of dismissal, when an employee is made redundant, the employer must Submit completed workbook.

Other references for labor activity the organization is obliged to issue on the basis of a written application.

Liability for non-compliance

If the manager violated the rights of employees when reducing the number or staff, he will be brought to administrative, disciplinary, and in some cases criminal liability (Article 419 of the Labor Code of the Russian Federation).

Labor Code of the Russian Federation, Article 419. Types of liability for violation of labor legislation and other acts containing labor law norms

Persons guilty of violating labor legislation and other acts containing labor law norms are subject to disciplinary and “financial” liability in the manner prescribed by this Code and other federal laws, and are also brought to "civil law", "administrative" and "criminal" liability in the manner prescribed by federal laws.

All actions of the manager must be reflected in the documentation in accordance with the law, and employees are notified against signature of the upcoming reduction.

In case this did not happen, a person can demand that their rights be respected in court. The law is always on the side of employees in these cases. The employer will be obliged to reinstate the citizen in his position, as well as pay him lost profits and moral damage. (Articles 234, 237 of the Labor Code of the Russian Federation).

Labor Code of the Russian Federation, Article 234. The obligation of the employer to compensate the employee material damage caused as a result of unlawful deprivation of his opportunity to work

The employer is obliged to compensate the employee for the earnings not received by him in all cases of unlawful deprivation of his opportunity to work. Such an obligation, in particular, arises if the earnings are not received as a result of:

illegal removal of an employee from work, his dismissal or transfer to another job;
refusal of the employer to execute or untimely execution of the decision of the review body labor disputes or the state legal labor inspector on the reinstatement of the employee in his previous job;
delays by the employer in issuing a work book to an employee, entering into the work book an incorrect or inconsistent wording of the reason for dismissal of an employee.

Labor Code of the Russian Federation, Article 237. Compensation for moral damage caused to an employee

Moral damage caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in monetary form in amounts determined by agreement of the parties to the employment contract.

In the event of a dispute, the fact of causing moral damage to an employee and the amount of its compensation are determined by the court, regardless of the property damage subject to compensation.

In addition, an administrative fine from 30 to 50 thousand rubles will be imposed on a negligent employer for legal entities, up to 5 thousand for individuals and officials, and if the violation is not committed for the first time, then criminal liability is also possible (Article 5.27 of the Code of Administrative Offenses).

Delay or refusal to pay due compensation also threatens the employer with a large fine and suspension of the enterprise.

The organization will be obliged to pay employees a calculation with interest for each day of delay (Article 236 of the Labor Code of the Russian Federation).

Moreover, for a long non-payment of wages and other mandatory benefits and compensations (more than two months), criminal liability is provided (Article 145.1 of the Criminal Code of the Russian Federation).

Labor Code of the Russian Federation, Article 236. Liability of the employer for the delay in payment of wages and other payments due to the employee

If the employer violates the established “term”, respectively, for the payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one hundred and fiftieth of the current at that time key rate Central Bank the Russian Federation from the amounts not paid on time for each day of delay starting from the next day after the due date of payment up to the day of actual settlement inclusive.

In case of incomplete payment of wages and (or) other payments due to the employee on time, the amount of interest (monetary compensation) is calculated from the amounts actually not paid on time.

The amount of monetary compensation paid to an employee may be increased by a collective agreement, a local regulation or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.

Important. If the employee believes that the employer has violated his rights, you should file a complaint with the following authorities:

trade union (if any);
labor inspection (located at employment services);

Litigation is the last resort As a rule, in case of disagreements with the employer, all disputes are resolved with the involvement of trade unions and the department for the protection of workers' rights.

It is better to comply with all the obligations of the employer when reducing staff under current law. Violation of the rights of employees can lead to serious troubles and financial losses. Arbitrage practice shows that in similar situations the authorities always take the side of the workers.