Article 180 of the Labor Code of the Russian Federation payments. Theory of everything

Guarantees and compensations to employees in case of liquidation of the organization, reduction in the number or staff of the organization's employees

1. Part 1 of Art. 180, the employer is obliged, when carrying out measures to reduce the number or staff of employees, to ensure the internal employment of the laid-off employee by offering him another available job. Among the criteria for other work, it is determined that a vacant position should be offered. Other requirements that the proposed work must meet are enshrined in Part 3 of Art. 81 of the Labor Code of the Russian Federation.

The employer may offer to perform the work of a temporarily absent employee due to a long illness, business trip, parental leave until the child reaches the age of three, etc.

When offering another job, the manager indicates what the employee's labor duties will be, what the amount of remuneration will be. With such a proposal, he addresses the employee not only on the day of the warning about the upcoming dismissal, but also during the entire warning period if new vacancies appear in the organization. Failure to comply with this rule indicates that the employer is improperly fulfilling the obligation assigned to him to employ the dismissed employee.

2. An employee warned about the upcoming dismissal does not have the right to demand from the employer the opportunity to undergo professional training, advanced training, retraining, if the organization has appropriate vacancies where he could be employed after training.

However, in case of liquidation of the workplace due to violation of labor protection requirements, the employee on the basis of Art. 219 of the Labor Code has the right to additional professional education at the expense of the employer.

3. Each dismissed employee must be personally warned in writing about the upcoming dismissal at least two months in advance. He certifies his acquaintance with a signature and indicates the date when he was warned. In case of refusal to sign, the employer draws up an appropriate act. The next day after familiarization, the established part 2 of Art. 180 warning period.

The employer, warning the employee about the upcoming release, indicates the specific date of dismissal. Postponing the term of dismissal to a later time at the initiative of the employer indicates the extension of the employment relationship, which increases the possibility of employment of the employee. The legitimacy of such actions of the employer is due to his initiative to terminate the employment contract. If the released employee was ill by the end of the warning period, the employer terminates the employment contract with him at the end of the temporary disability. Employees who turned out to be temporarily incapable of work after the warning, but before the expiration of its period, are not entitled to demand an extension of the period for the period of temporary incapacity for work.

4. Part 3 of Art. 180 provides the employer with the opportunity to terminate the employment relationship with the employee during the notice period for the upcoming dismissal.

In this case, the termination of the employment contract is possible subject to the following conditions:

The employee must be warned at least 2 months in advance about the upcoming dismissal;

The employer's appeal with a proposal to terminate labor relations in connection with the liquidation of the organization, the reduction in the number or staff of employees should be sent to the employee precisely after the notice of dismissal, and not before the warning;

A written consent must be obtained from the employee to terminate the employment contract before the expiration of the notice period.

Since the initiative to terminate the employment relationship belongs, as a rule, to the employer, therefore, he determines the date of termination of the employment contract.

The employee may also apply with a proposal to terminate the employment relationship before the end of the notice period. Termination of the employment contract in this case depends on the discretion of the employer.

Additional compensation is paid to the employee on the day of dismissal simultaneously with the payment of severance pay.

5. When a decision is made to liquidate an organization or terminate the activity of an individual entrepreneur, reduce the number or staff of employees of an organization, an individual entrepreneur and the possible termination of employment contracts, the employer-organization no later than two months, and the employer - an individual entrepreneur no later than two weeks before the beginning of the relevant activities are required to inform the employment service authorities in writing, indicating the position, profession, specialty and qualification requirements for them, the terms of remuneration for each specific employee, and if the decision to reduce the number or staff of the organization's employees may lead to to the mass dismissal of workers - no later than three months before the start of the relevant activities (Article 25 of the Employment Law).

The mass release of employees of an organization can be due to various reasons: rationalization of production, improvement of labor organization, re-profiling of an enterprise or its structural divisions, complete or partial suspension of production, etc.

The liquidation of an organization, its divisions, a change in the form of ownership or legal form of an organization, a complete or partial suspension of production (work), entailing a reduction in the number of jobs or deterioration in working conditions, can be carried out only after prior notification (at least three months in advance) of the relevant trade unions and holding negotiations with them on the observance of the rights and interests of trade union members (Article 12 of the Law on Trade Unions).

Trade unions have the right to submit proposals for the consideration of local governments on the postponement or temporary suspension of the implementation of measures related to the mass dismissal of workers (Article 12 of the Law on Trade Unions).

Proposals of elected trade union bodies, other representative bodies of workers in connection with the mass dismissal of workers, sent to the relevant authorities and employers, are subject to consideration in the manner prescribed by the legislation of the Russian Federation (Article 21 of the Law on Employment).

By virtue of Art. 82 of the Labor Code, the criteria for the mass dismissal of workers in connection with a reduction in the number or staff are fixed in industry and (or) territorial agreements. If the organization is not covered by the named agreements or the agreements do not specify the criteria for mass layoffs, then in this case one should be guided by the Regulations on the organization of work to promote employment, which also defines such criteria, namely, the indicators of the number of people laid off for a certain calendar period.

Measures designed to reduce the number of laid-off workers and ensure their employment are provided for in the section of the collective agreement of the organization and are carried out by the employer. This section may include: measures that will reduce working hours without reducing the number of employees; benefits and compensations for dismissed employees (in excess of those established by law) provided by the employer; the procedure for organizing professional training, retraining and advanced training of employees before the term for terminating the employment contract; other measures that contribute to the social protection of employees. In case of a short-term decrease in production volumes, measures may be envisaged to avoid a reduction in the number of employees, for example, a temporary suspension of hiring new workers for vacant jobs, and other measures (clause 6 of the Regulation on the organization of work to promote employment).

The executive authorities of the constituent entities of the Russian Federation, local governments, at the suggestion of the employment service and trade union bodies, may suspend the decision of employers on mass dismissal for up to 6 months. The specific terms for suspending mass layoffs are determined by the decision of the state authorities and can be set depending on the level of unemployment in the region within the following limits: if the unemployment rate (as a percentage of the number of employed in the region) is 3-5%, then the possible term for suspending the release is one month ; respectively 5 - 7% - two months, 7 - 9% - three months, 9 - 11% - four months, over 11% - six months. If the unemployment rate in the region exceeds 11%, the phased release of workers can be carried out in the following terms: when the number of laid-off workers is 50 or more people, the phased release period is eight months; respectively 200 or more people - 10 months, 500 or more people - 12 months. Taking into account the situation developing in the regional labor market, the suspension or phased release of workers can be carried out even at lower levels of unemployment (paragraph 17 of the Regulations on the organization of work to promote employment).

Financing of measures for the suspension or phased release of workers in the regions is carried out at the expense of the relevant budgets. Employers can participate in the preparation of decisions of state authorities on the suspension or phased release of employees on issues of mutual settlements with the relevant budgets (clause 18 of the Regulations on the organization of work to promote employment).

6. State authorities of the constituent entities of the Russian Federation exercise the authority to develop and implement regional programs that provide for measures to promote employment of the population, including programs to promote the employment of citizens at risk of dismissal, as well as citizens who are in particular need of social protection and have difficulty finding work ( subparagraph 3, paragraph 1, article 7.1 of the Employment Law).

7. Criteria have been established that determine the classification of subjects of the Russian Federation as territories with a tense situation on the labor market, which ensures the adoption of measures to stabilize the situation on the labor market (The rules for classifying territories as territories with a tense situation on the labor market were approved by Decree of the Government of the Russian Federation of November 21, 2000 N 875 ).

By order of the Ministry of Labor of Russia dated May 29, 2013 N 230n, the List of territories classified as territories with a tense situation on the labor market in 2013 was approved.

8. If a change in organizational or technological working conditions entails a change in the terms of the employment contract of employees determined by the parties, which may lead to their mass dismissal, the employer has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation, introduce a part-time (shift) and (or) part-time working week for up to six months (see comments to Article 74).

9. Ensuring the employment of laid-off workers is facilitated by advanced vocational education and vocational training and additional vocational education (see commentary on Article 196 of the Labor Code of the Russian Federation).

10. During the warning period, the employee may choose a new job by contacting the employment service, other employers. In order to assist citizens in finding a new job, collective agreements include, for example, a provision on providing the dismissed person (during the notice period) one free day a week with pay.

11. Unemployed citizens who have not reached the age of 60 for men and 55 for women and have an insurance period of at least 25 and 20 years for men and women, respectively, as well as the necessary experience in the relevant types of work, giving them the right to early employment old-age pension under Art. Art. and 28 of the Law on Labor Pensions, dismissed in connection with the liquidation of the organization or the reduction in the number or staff of the organization's employees, at the suggestion of the employment service authorities, if there is no possibility for their employment, with their consent, a pension may be assigned for the period until the age giving the right to a labor pension according to old age, incl. early retirement retirement pension, but not earlier than 2 years before the appropriate age. The amount of this pension is determined according to the norms of the basic and insurance parts of the old-age labor pension, established by the Law on Labor Pensions. Upon reaching the age giving the right to establish an old-age labor pension, incl. of an early labor old-age pension, the recipient of a pension granted in accordance with the said provision has the right to transfer to an old-age labor pension (part of an old-age labor pension). To the assigned pension, a seniority pension may be established in accordance with Art. 7 of the Law on State Pensions. Upon entering a job or resuming other activities, the payment of a pension established to unemployed citizens is terminated. After the termination of the specified work and (or) activity, the payment of this pension is restored (see Art. 32 of the Employment Law).

The rules in accordance with which the employment service authorities issue proposals for the early appointment of a pension to the unemployed citizens specified in this clause are determined by the federal executive body authorized by the Government of the Russian Federation (paragraph 4, clause 2, article 32 of the Employment Law).

Citizens belonging to the specialists of the nuclear weapons complex who have retired early in accordance with the Employment Law are entitled to receive additional monthly lifelong material support in accordance with Decree of the President of the Russian Federation of August 23, 2000 N 1563 "On urgent measures of social support for specialists, carrying out activities in the field of the nuclear weapons complex of the Russian Federation".

12. A monthly compensation payment is paid to unemployed women dismissed due to the liquidation of the organization, if they were on parental leave at the time of dismissal and do not receive unemployment benefits (Decree of the Government of the Russian Federation of 03.11.1994 N 1206 "On approval of the procedure for the appointment and payment of monthly compensation payments to certain categories of citizens"). Decree of the Government of the Russian Federation of 04.08.2006 N 472 determined the financing of monthly compensation payments to unemployed women with children under the age of three who were dismissed due to the liquidation of the organization. Order of the Ministry of Health and Social Development of Russia dated March 3, 2009 N 85n resolved the issues of organizing work on the provision of monthly compensation payments to unemployed women with children under the age of three who were dismissed due to the liquidation of the organization.

13. Article 23 of the Law on the peculiarities of social protection of employees of coal industry organizations establishes the following support provided to laid-off employees:

Those dismissed during the liquidation of organizations for the extraction (processing) of coal (oil shale), who have at least five years of work experience in such organizations on the day of dismissal and the right to pensions in accordance with the legislation of the Russian Federation, are provided with a lump-sum allowance in the amount of 15% of average earnings for each a year of work in organizations for the extraction (processing) of coal (oil shale);

Employees released during the liquidation of organizations located in the regions of the Far North and equivalent localities for the extraction (processing) of coal (oil shale), who have at least 10 years of underground work experience and have reached retirement age, are provided with housing at a new place of residence in accordance with the law RF;

For employees who are entitled to pensions in accordance with the legislation of the Russian Federation and have at least 10 years of work experience in organizations for the extraction (processing) of coal (oil shale), subdivisions of paramilitary emergency rescue units, mine construction organizations, upon dismissal due to the liquidation of these organizations or upon dismissal from organizations for the extraction (processing) of coal (oil shale) before the sale of a block of shares of these organizations, which is in federal ownership, additional pension provision (non-state pensions) is provided;

In the event of the sale of a stake in organizations for the extraction (processing) of coal (oil shale), which is in federal ownership, or the liquidation of mines (cuts) of the coal industry, units of paramilitary emergency rescue units, free ration coal is provided to the following categories of persons if they live in coal mining regions in houses with stove heating or in houses in which kitchens are equipped with hearths, melting coal, and if they exercised such a right before the sale of a stake in organizations for the extraction (processing) of coal (oil shale), which is federally owned, or before the liquidation of mines (cuts) of the coal industry, units of paramilitary emergency rescue units: to the families of workers in mines (cuts) of the coal industry and units of paramilitary emergency rescue units who died (deceased) in the performance of their duties or due to occupational disease, if the wife (husband), parents, children and other disabled family members of these workers receive a survivor's pension; pensioners who have worked for at least 10 years in mines (cuts), in units of paramilitary emergency rescue units, whose pensions are assigned in connection with work in organizations for the extraction (processing) of coal (oil shale) and units of paramilitary emergency rescue units; widows (widowers) of former employees of organizations; disabled workers, disabled people due to a general illness, if they used the right to receive ration coal before the onset of disability;

Employees released during liquidation have a priority right to purchase industrial premises of liquidated organizations for the extraction (processing) of coal (oil shale) or to rent them for the organization of entrepreneurial and individual labor activities.

14. When terminating an employment contract with a municipal employee in connection with the liquidation of a local self-government body, an election commission of a municipal formation or a reduction in the staff of employees of a local self-government body, the apparatus of an election commission of a municipal formation, the municipal employee is provided with guarantees established by labor legislation for employees in the event of their dismissal due to with the liquidation of the organization or the reduction of the staff of the organization. The laws of the constituent entity of the Russian Federation and the charter of the municipality may provide municipal employees with additional guarantees (parts 2, 3 of article 23 of the Law on municipal service).

The laws of the constituent entities of the Russian Federation provide municipal employees with the following additional social guarantees:

A one-time payment of the average monthly salary for a substituted position is provided upon dismissal of a municipal employee in connection with the liquidation of a local government body, reduction in the number or staff (Article 11 of the Law of the Moscow Region dated July 24, 2007 N 137 / 2007-OZ "On Municipal Service in the Moscow Region ");

In accordance with the charter of the municipality, at the expense of the local budget, additional guarantees may be provided in amounts not exceeding similar guarantees established for public civil servants (Article 9 of the Law of the Republic of Altai dated April 18, 2008 N 26-RZ "On municipal service in the Republic Altai").

15. The adopted agreements establish additional guarantees and compensations, measures of social support for employees dismissed during the liquidation of the organization, reduction in the number or staff of the organization's employees. These include:

Providing employees with a preferential right to employment in accordance with their qualifications in the same organization in the event of the creation of new jobs or vacancies in it (Industry Agreement on Organizations and Medical Institutions Managed by the Federal Medical and Biological Agency for 2013-2015; Industry Agreement for federal state budgetary and state-owned institutions under the jurisdiction of the Ministry of Health of the Russian Federation for 2013-2016);

Providing employees dismissed from the organization with a pre-emptive right to hire the organization within 6 months from the date of dismissal (if there are vacancies, taking into account their qualifications and competence) (Sectoral agreement on the coal industry of the Russian Federation for the period from April 1, 2013 to March 31, 2016 of the year);

Provision of paid time (at least one day a week) for employment (Federal Industry Agreement on Communications and Information Technology Organizations of the Russian Federation for 2012-2014);

Providing opportunities for retraining for new professions (Interregional industry agreement on the diamond complex of the Russian Federation for 2013-2015);

Organization of advanced professional retraining of laid-off workers before the term of termination of the employment contract (Industry agreement on organizations of the Russian Academy of Medical Sciences for 2009-2011 (extended for 2012-2014));

Payment to employees of pre-retirement age (two years before retirement) who are dismissed from the organization due to its liquidation, reduction in the number or staff of employees (who have at least 10 years of experience in the coal industry of the Russian Federation on the day of dismissal, taking into account the length of service in the coal industry USSR), a one-time remuneration in the amount of 15% of the average monthly earnings. The specific procedure for ensuring the payment of remuneration to employees is determined in the collective agreement (Sectoral agreement on the coal industry of the Russian Federation for the period from April 1, 2013 to March 31, 2016);

Warning of the upcoming dismissal due to a reduction in staff or headcount personally against signature no later than three months (Federal industry agreement on forestry of the Russian Federation for 2013-2015; Industry agreement on the coal industry of the Russian Federation for the period from April 1, 2013 to March 31, 2016).

When carrying out measures to reduce the number or staff of employees of the organization, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article of this Code.

About the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against signature at least two months before the dismissal.

The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal.

In the event of a threat of mass layoffs, the employer, taking into account the opinion of the elected body of the primary trade union organization, takes the necessary measures provided for by this Code, other federal laws, a collective agreement, an agreement.

Commentary on Art. 180 Labor Code of the Russian Federation

1. Liquidation of an organization, reduction in the number or staff of employees may be carried out with the obligatory observance by the employer of the conditions provided for by this article.2. These conditions include: a) an offer to the employee of another available job (vacant position); b) a personal warning to the employee in writing against the signature of the upcoming dismissal at least two months before the dismissal; c) taking the necessary measures in case of a threat of mass layoffs.3 . Criteria for the mass dismissal of employees due to a reduction in the number or staff, in accordance with Art. 82 of the Labor Code are fixed in industry and (or) territorial agreements. See commentary to Art. 82 TK.

Judicial practice under article 180 of the Labor Code of the Russian Federation

Determination of the Constitutional Court of the Russian Federation of December 21, 2006 N 581-O

Among the guarantees of labor rights directed against the possible arbitrary dismissal of citizens from work, in particular in connection with a reduction in the number of employees (paragraph 2 of part one of Article of the Labor Code of the Russian Federation), is the need for the employer to comply with the established procedure for dismissal: the employee must be warned about the upcoming dismissal by the employer in person and against signature at least two months before the dismissal; Simultaneously with the warning of the upcoming dismissal, the employer is obliged to offer the employee another job he has (both a vacant position or a job corresponding to his qualifications, and a vacant lower position or a lower-paid job), which the employee can perform taking into account the state of health, and the transfer to this job is possible only with his consent (part three of Article 81, parts one and two of Articles of the Labor Code of the Russian Federation).

"Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the first quarter of 2007"

Question 18: Does the guarantee established by Art. of the Labor Code of the Russian Federation regarding the payment of additional monetary compensation?

Answer: Part two of Art. The Labor Code of the Russian Federation establishes the obligation of the employer to warn employees (in person and against signature) of the upcoming dismissal in connection with the liquidation of the organization, reduction in the number or staff at least two months before the dismissal.

Determination of the Supreme Court of the Russian Federation dated 03.11.2006 N 5-В06-94

Consequently, the conclusion contained in the court decision on compliance by the defendant with the requirements of Art. The Labor Code of the Russian Federation in terms of taking measures for the employment of the plaintiff in the same organization cannot be considered correct.

In accordance with Art. 195 of the Code of Civil Procedure of the Russian Federation, the decision of the court must be lawful and justified.

Determination of the Constitutional Court of the Russian Federation of January 15, 2008 N 201-O-P

According to the applicant, the provision of part one of article of the Labor Code of the Russian Federation - in the sense given to it by law enforcement practice, recognizing the right of the employer to change the staffing table and start the staff reduction procedure in the manner prescribed by part two of article of the Labor Code of the Russian Federation (not to warn employees about the upcoming dismissal less than two months before the dismissal), only after a two-month period from the date of informing the trade union body about the decision to reduce the staff of employees - restricts the freedom of economic activity of the organization and does not comply with Article 8 of the Constitution of the Russian Federation.

Determination of the Supreme Court of the Russian Federation of November 28, 2008 N 72-В08-9

In support of her claims, she pointed out that the dismissal was made in violation of the requirements of Art. of the Labor Code of the Russian Federation, work for existing vacancies was not offered, the preferential right to remain at work was not taken into account. In addition, during the dismissal, her rights as a member of the trade union were violated, since the consent of the trade union committee for her dismissal was not received.

Determination of the Constitutional Court of the Russian Federation of April 16, 2009 N 538-О-О

Among the guarantees of labor rights directed against the possible arbitrary dismissal of citizens from work, in particular in connection with a reduction in the number of employees (paragraph 2 of part one of Article of the Labor Code of the Russian Federation), is the need for the employer to comply with the established procedure for dismissal: the employee must be warned about the upcoming dismissal by the employer in person and against signature at least two months before the dismissal; Simultaneously with the warning about the upcoming dismissal, the employer is obliged to offer the employee another job available to the employer (both a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account the state of health, and the transfer to this job is possible only with his consent (part three of Article 81, parts one and two of Articles of the Labor Code of the Russian Federation).

Determination of the Constitutional Court of the Russian Federation of November 17, 2009 N 1374-О-О

2.4. Parts two and three of Article 57, Articles 67, 68, 132, parts one and two of Articles of the Labor Code of the Russian Federation are of a guarantee nature and do not contain uncertainty in terms of compliance with the Constitution of the Russian Federation. Consequently, within the meaning of Articles 96 and 97 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", this complaint does not meet the admissibility requirements in this part.

Determination of the Supreme Court of the Russian Federation of June 25, 2009 N 78-В09-12

According to parts 1 and 2 of the article of the Labor Code of the Russian Federation, when taking measures to reduce the number or staff of the organization's employees, the employer is obliged to offer the employee another available job (vacant position) in accordance with part 3 of article 81 of this Code. Employees are warned about the upcoming dismissal due to a reduction in the number or staff of the organization's employees at least two months before the dismissal.

Full text of Art. 180 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice under Article 180 of the Labor Code of the Russian Federation.

When carrying out measures to reduce the number or staff of the organization's employees, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article 81 of this Code.
About the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against signature at least two months before the dismissal.

Commentary on Article 180 of the Labor Code of the Russian Federation

1. When carrying out measures to reduce the number or staff of employees, the employer (organization, individual entrepreneur) is obliged to offer the employee another available job.

This rule corresponds to, according to which dismissal on this basis is allowed only if it is found impossible to transfer the employee with his written consent to another job available to the employer. This can be either a vacant position or job, or a vacant lower position or lower-paid job corresponding to the qualifications of the employee, which the employee can perform taking into account his state of health. When deciding on the transfer of an employee to another job, it is also necessary to take into account the real ability of the employee to perform the work offered to him, taking into account his education, qualifications, work experience (paragraph 29 of the resolution of the Plenum of the Armed Forces of the Russian Federation on the application by the courts of the Labor Code of the Russian Federation).

The employer must notify the employee of the existence of such a vacancy. At the same time, the employer is not obliged to offer the employee absolutely all the vacancies he has that do not meet the above criteria. Equally, the labor legislation does not provide for the obligation of the employer, who has made the decision to reduce staff, to send the employee for retraining for the subsequent filling of vacant positions that do not correspond to the qualifications of the employee (see the appeal ruling of the Moscow City Court of December 12, 2012 in case N 11-27662) .

The employer must offer the employee the vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities only if it is provided for by the collective agreement, agreements, labor contract.

Thus, in the appeal ruling of the Moscow City Court dated December 24, 2012 in case N 11-25754, it is indicated that since there are no such conditions in the collective agreement, agreement or labor contract of the parties, the employer has the right not to offer the employee vacancies in another locality (even if they were).

The Federal Law "On the State Civil Service of the Russian Federation" provides for special guarantees for state civil servants. In accordance with Part.1 Article. 31 of this law, when civil service positions are reduced or a state body is abolished, public service relations with a civil servant continue if a civil servant replacing a reduced civil service position in a state body or a civil service position in a state body being abolished, with his written consent, is provided with another civil service position service in the same state body or in the state body to which the functions of the abolished state body have been transferred, or in another state body, taking into account:
- the level of his qualifications, professional education and length of service in the civil service or work (service) in the specialty, area of training;
- the level of his professional education and length of service in the civil service or work (service) in the specialty, area of training, provided that he receives additional professional education corresponding to the area of activity for this position of the civil service.

In the development of these provisions, Decree of the Government of the Russian Federation of September 19, 2013 N 822 approved the Rules for granting a civil servant in the absence of vacancies in the state body in which the positions of the state civil service are being reduced, or in the state body to which the functions of the abolished state body have been transferred, a vacant position state civil service in other state bodies.

2. About the upcoming dismissal in connection with the liquidation of the organization, the reduction in the number (staff) of the employees must be warned by the employer at least two months before the upcoming dismissal. Thus, an employee’s warning indicating the date of the proposed reduction can take place, for example, three or four months in advance.

The warning is made in relation to the employee personally, under his personal signature. As a rule, the employer presents the employee with an individual warning letter, on the second copy of which the date of the actual warning of the employee and his signature are affixed.

In the absence of an employee at work (for example, due to a long vacation), it is advisable to send him a warning by registered mail with acknowledgment of receipt. From the date of receipt of the warning by the employee, a two-month period will begin, after which the employer has the right to issue an order to dismiss the employee under paragraph 1 of part 2 of Art. 81 of the Labor Code of the Russian Federation.

In general, the employer should keep in mind that, in accordance with the explanations given in clause 29 of the resolution of the Plenum of the Supreme Court of the Russian Federation on the application by the courts of the Labor Code of the Russian Federation, termination of an employment contract with an employee on this basis is possible only if he did not have a pre-emptive right to abandonment at work and was duly warned about the upcoming dismissal.

3. The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of a two-month period. At the same time, the condition on the obligation to officially warn the employee about the upcoming reduction, even if there is such an agreement, remains in force.

In this case, the employer is obliged to pay the employee additional compensation in the amount of his average earnings, which is calculated in proportion to the time left until the expiration of the period specified in the notice of dismissal.

It should be emphasized that this option is possible only with the mutual consent of the employee and the employer.

According to the explanations given in the Review of Legislation and Judicial Practice of the Supreme Court of the Russian Federation for the first quarter of 2007, approved by the decision of the Presidium of the Supreme Court of the Russian Federation of May 30, 2007 (question 18), the guarantee established by Art. 180 of the Labor Code of the Russian Federation regarding the payment of additional monetary compensation, also applies to a civil servant subject to dismissal from the civil service in connection with the reduction of his position.

4. To make a decision to reduce the number (staff) in relation to employees who are members of a trade union, a number of features are provided.

According to Art. 373 of the Labor Code of the Russian Federation when deciding on the possible termination of an employment contract with such employees under clause 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation, the employer is obliged to send to the elected body of the primary trade union organization the relevant draft order and copies of the documents that are the basis for making the said decision. The specified body within seven days sets out to the employer its reasoned opinion in writing.

Also in accordance with Art. 374 of the Labor Code of the Russian Federation, the dismissal on this basis of the heads (their deputies) of elected collegial bodies of primary trade union organizations, elected collegial bodies of trade union organizations of structural divisions of organizations (not lower than shop and equated to them), which are not exempt from their main work, is allowed, in addition to the general procedure for dismissal, only with the prior consent of the relevant higher elected trade union body. The same applies to cases of termination of the employment contract under paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation with the head of the elected body of the primary trade union organization and his deputies within two years after the end of their term of office.

provided by Art. Art. 373, 374 of the Labor Code of the Russian Federation, the procedure for dismissing employees from these categories is mandatory for the employer. Thus, according to the appeal ruling of the Kemerovo Regional Court dated September 5, 2012 in case No. 33-8392, the claim for recognition of the dismissal as illegal, reinstatement, recovery of wages for the time of forced absenteeism, compensation for non-pecuniary damage and expenses for the services of a representative was satisfied, since the issue of the preferential right to leave at work in relation to the employee was resolved without taking into account the reasoned opinion of the elected body of the primary trade union organization.

Contains a condition that is subject to application regardless of whether the employees subject to dismissal under paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation, members of the trade union. In any case, when deciding to reduce the number or staff of employees of an organization, an individual entrepreneur and the possible termination of employment contracts with employees on this basis, the employer must notify the elected body of the primary trade union organization (if there is one at the enterprise) in writing no later than two months before the start of the reduction activities.

In the event that such a decision by the employer to reduce the number (staff) of employees can lead to mass layoffs of employees, the notification is made no later than three months before the start of the relevant events. The criteria for mass layoffs in case of a reduction in the number or staff of employees of an enterprise are defined in paragraph "b" part 1 of the Regulations on the organization of work to promote employment in conditions of mass layoffs, approved by Decree of the Government of the Russian Federation of February 5, 1993 N 99 "On the organization of work to promote employment in mass release conditions.

Also, according to Part 2 of Art. 25 of the Law of the Russian Federation "On Employment in the Russian Federation" when deciding to reduce the number or staff of employees of an organization, an individual entrepreneur and the possible termination of employment contracts, the employer-organization no later than two months, and the individual entrepreneur no later than two weeks before the start of the relevant activities in writing must report this to the employment service authorities. In such a message, the employer indicates the position, profession, specialty and qualification requirements for them, the terms of remuneration for each individual employee. If the decision to reduce the number or staff of the organization's employees may lead to mass layoffs of employees, the employer notifies the employment service authorities of this no later than three months before the start of the relevant events.

Another commentary on Art. 180 of the Labor Code of the Russian Federation

1. When carrying out measures to reduce the number or staff of the organization's employees, the employer is obliged to offer the employee another available job (vacant position) corresponding to the employee's qualifications.

Qualified work should be understood to mean any other work that the employee is able to perform by virtue of his actual qualifications, including work of a lower qualification than that previously performed by the employee.

In practice, the employer presents the employee with a list of available vacancies simultaneously with a warning about the upcoming dismissal.

Termination of an employment contract due to a reduction in the number or staff of employees of the organization is possible only if the employer does not have a job that would correspond to the qualifications of the employee or if the employee refused to be transferred to another job. At the same time, the employer is obliged to offer vacancies that the employer has in other localities, if this is provided for by the collective agreement, agreement, labor contract (see Article 81 of the Labor Code and commentary thereto).

2. The employer has the right, with the written consent of the employee, to terminate the employment contract with him without a two-month notice of dismissal with the simultaneous payment of additional compensation in the amount of the employee's average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal.

The written consent of the employee to terminate the employment contract without working off the established two-month period can be expressed by familiarizing against receipt with the relevant order of the employer or a separate written document (employee's statement) in which he expresses his consent to dismissal without working off the specified period.

Along with the obligation to warn about the upcoming dismissal of an employee, the employer is obliged to notify the relevant trade union and state bodies of dismissal in advance (see Articles 81, 82 of the Labor Code and comments thereto).

3. The rules established by Art. 180 of the Labor Code, apply only to cases of reduction in the number or staff of employees of the organization, as well as the liquidation of the employer - a legal entity. Guarantees and compensations to employees in the event of the termination of the activity of an employer - an individual, as well as in the event of a reduction in the number or staff of employees employed by him, are established in the order of individual contractual or collective contractual regulation.

Consultations and comments of lawyers on Article 180 of the Labor Code of the Russian Federation

If you still have questions about Article 180 of the Labor Code of the Russian Federation and you want to be sure that the information provided is up to date, you can consult the lawyers of our website.

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Comments to Art. 180 of the Labor Code of the Russian Federation

1. According to paragraph 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation", a circumstance that is important for the correct resolution of claims for the reinstatement of persons whose employment contract was terminated in connection with the liquidation of the organization or the termination of activities by the employer - an individual (clause 1, part 1, article 81 of the Labor Code), the obligation to prove which is assigned to the defendant, in particular, is the actual termination of the activities of the organization or employer - an individual.

The basis for the dismissal of employees under paragraph 1 of Part 1 of Art. 81 of the Labor Code can serve as a decision on the liquidation of a legal entity, i.e. on the termination of its activities without the transfer of rights and obligations in the order of succession to other persons, adopted in the manner prescribed by law (Article 61 of the Civil Code).

If the employer was an individual registered as an individual entrepreneur, then the employment contract with the employee can be terminated under clause 1, part 1, art. 81 TK. In particular, when the activities of an employer - an individual are terminated on the basis of a decision made by him, due to his recognition as insolvent (bankrupt) by a court decision (clause 2, article 25 of the Civil Code), due to the expiration of the certificate of state registration, refusal to renewal of a license for certain types of activities.

Under the termination of the activities of the employer - an individual who did not have the status of an individual entrepreneur, one should understand the actual termination of his activities by such an employer.

In accordance with Part 3 of Art. 81 of the Labor Code, the dismissal of an employee due to a reduction in the number or staff of the organization's employees is allowed if it is impossible to transfer the employee with his consent to another job. Based on the constitutional principle of the equality of all before the law and the court (part 1 of article 19 of the Constitution of the Russian Federation), and also taking into account the provisions of part 1 of art. 180 and part 3 of Art. 73 of the Labor Code, the employer in this case is obliged to offer the employee a job (vacant position) in the same organization corresponding to the qualifications of the employee, and in the absence of such work - another vacant lower position available in the organization or lower-paid work that the employee can perform taking into account his education, qualifications, work experience and health status.

At the same time, it must be borne in mind that the termination of an employment contract with an employee under paragraph 2 of part 1 of Art. 81 of the Labor Code is possible, provided that he did not have the preferential right to be left at work (Article 179 of the Labor Code) and was warned in accordance with Part 2 of Art. 180 TC personally and against receipt for at least 2 months. on the upcoming dismissal (paragraph 29 of the said Resolution of the Plenum of the Supreme Court of the Russian Federation).

2. The employer must notify the employee about the upcoming dismissal due to the liquidation of the organization, downsizing or staffing at least 2 months in advance, but this can be done earlier, for example, 4, 6, 8, 10 months, 1 year (if it is possible). In this case, the employee creates the best conditions for employment.

3. The employer must offer another job to the employee upon notice of dismissal, as well as on the last day before dismissal, since 2 months before. after the warning, vacancies may also appear.

During the term of notice of dismissal, the dismissed employee has the right to a priority offer of the resulting vacancy.

4. Employer and employee may reach an agreement on dismissal without notice 2 months in advance, replacing the notice with compensation. In this case, all payments due to the employee after dismissal are retained.

5. In accordance with Art. 21 of the Law of the Russian Federation of April 19, 1991 N 1032-1 "On Employment in the Russian Federation" trade unions and other representative bodies of workers have the right to participate in the development of state policy in the field of promoting employment of the population.

Trade unions and other representative bodies of employees have the right to:

submit proposals to local governments on the postponement or temporary suspension of the implementation of measures related to the mass dismissal of workers;

to promote the provision of social guarantees for workers in matters of organizing employment, hiring (service), dismissal, providing benefits and compensation in accordance with the legislation of the Russian Federation.

Mass dismissal of workers associated with the rationalization of production, improvement of labor organization, liquidation, re-profiling of the organization or its structural divisions, full or partial suspension of production at the initiative of the employer, can be carried out only subject to prior (at least 3 months) notification in writing relevant trade union bodies and other representative bodies of employees.

Executive authorities, employers, at the suggestion of trade unions, other representative bodies of employees, hold mutual consultations on employment problems. As a result of consultations, agreements may be concluded that provide for measures aimed at promoting employment of the population.

Trade unions and other representative bodies of employees have the right to demand that the employer include specific measures to ensure employment in the collective agreement.

Proposals of trade unions and other representative bodies of workers in connection with the mass dismissal of workers sent to the relevant authorities and employers are subject to consideration in accordance with the procedure established by the legislation of the Russian Federation. On the participation of trade unions in promoting employment, see also Art. 12 of the Federal Law of January 12, 1996 N 10-FZ "On trade unions, their rights and guarantees of activity."

6. In accordance with Art. 25 of the Law "On Employment in the Russian Federation", employers in a timely manner, at least 3 months in advance, and in full, provide information to the employment service authorities and the trade union body or other representative body of workers about possible mass layoffs of workers, the number and categories of workers who they can touch, and the period during which they are scheduled to be implemented, and bear responsibility in the prescribed manner.

7. According to the Regulations on the organization of work to promote employment in the conditions of mass release, approved. By Decree of the Council of Ministers - the Government of the Russian Federation of February 5, 1993 N 99, in cases of mass dismissal of workers and difficulties in their further employment, executive authorities of the constituent entities of the Russian Federation, local governments, at the suggestion of employment service bodies, trade union bodies or other representative bodies of workers, may suspend for up to 6 months. decision on the release of employees or make a decision on their phased release during the year, financing these activities at the expense of the relevant budgets.

Relations between employees, employers and executive authorities during the period of mass layoffs are regulated by the current legislation, including collective agreements and agreements concluded in the prescribed manner.

Proposals of trade unions, other representative bodies authorized by employees, sent to state and executive authorities and employers in connection with mass layoffs, are subject to consideration in the prescribed manner.

During the period of mass release in the region, it is expedient for executive authorities to:

analyze the impact of mass layoffs on the labor market;

implement a decision to suspend or stage a release;

organize an examination of the financial condition of enterprises and develop measures to reduce the number of redundant workers;

coordinate the implementation of retraining and retraining programs for laid-off workers;

to carry out an intermediary role in resolving conflict situations between the administration and trade unions at enterprises conducting mass layoffs of workers;

provide financial assistance to enterprises planning mass layoffs in the form of loan guarantees, soft loans, subsidies, deferred tax payments;

to develop measures to promote employment in conditions of mass dismissal, including the organization of temporary employment, the development of public works;

prepare proposals for the re-profiling or privatization of enterprises.

Local self-government bodies, at the suggestion of the employment service and trade union bodies, may suspend for up to 6 months. decision of employers on mass release.

Specific terms for the suspension of mass releases are determined by the decision of the state authorities and can be set depending on the level of unemployment in the region within the following limits:

Unemployment rate

(% of the number of employees

in the region) Possible term

suspension

release (month)

If the unemployment rate in the region exceeds 11%, the phased release of workers can be carried out in the following terms:

The number of people laid off

employees (persons) Set term

phased

release (month)

50 or more 8

200 and over 10

500 and over 12

Taking into account the situation developing in the regional labor market, the suspension or phased release of workers can be carried out even at lower levels of unemployment.

Financing of measures for the suspension or phased release of workers in the regions is carried out at the expense of the relevant budgets.

Employers can participate in the preparation of decisions of state authorities on the suspension or phased release of employees on issues of mutual settlements with the relevant budgets.

When liquidating enterprises declared insolvent (bankrupt), special procedures are applied in accordance with the established procedure for the fulfillment by enterprises of their obligations to employees.

Responsibility for avoiding participation in negotiations on amending or supplementing a collective agreement, an agreement on the promotion of employment in conditions of mass dismissal, for violation and failure to fulfill obligations assumed, failure to provide the necessary information on these issues is determined in the prescribed manner.

8. The order of debiting funds from the account is established in Art. 855 GK.

If there are funds on the account, the amount of which is sufficient to satisfy all the requirements presented to the account, these funds are debited in the order in which the client's orders and other documents for debiting are received (calendar priority), unless otherwise provided by law.

If the funds on the account are not enough to satisfy all the claims made against it, these funds are debited in the following order:

first of all, debiting is carried out according to executive documents providing for the transfer or issuance of funds from the account to satisfy claims for compensation for harm caused to life and health, as well as claims for the recovery of alimony;

in the second place, write-offs are made under executive documents providing for the transfer or issuance of funds for settlements on the payment of severance benefits and wages with persons working under an employment contract, including under a contract, for the payment of remuneration to the authors of the results of intellectual activity.

By the Decree of the Constitutional Court of the Russian Federation of December 23, 1997 N 21-P, the provision of par. 4 p. 2 art. 855 of the Civil Code is recognized as not corresponding to Part 1 of Art. 19 of the Constitution of the Russian Federation.

According to the Federal Law of December 19, 2006 N 238-FZ "On the Federal Budget for 2007", if the funds in the taxpayer's account are insufficient to satisfy all the requirements presented to him, the funds are written off according to settlement documents providing for payments to the budgets of the budget system of the Russian Federation, and also, the transfer or issuance of funds for settlements of wages with persons working under an employment contract are made in the order of the calendar order of receipt of the specified documents after the transfer of payments made in accordance with the specified article of the Civil Code in the first and second place;

in the third place, write-offs are made according to payment documents providing for the transfer or issuance of funds for settlements of wages with persons working under an employment contract (contract), as well as for contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation and compulsory medical insurance funds.

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.

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System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.

An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, inside the universe looks like a black hole.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

Third-party observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is the "internal observer", then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.