What is the difference between early layoff and regular layoff? Early dismissal due to staff reduction: actions of the employer

Garden and landscape

Downsizing is a long process. Labor Code provided for the possibility of accelerating this deadline. Early dismissal of an employee before the expiration of the notice period is possible only with the consent of the employee.

Where to start?

You need to start the reduction with registration decision taken. The manager needs to issue an order. This document must reflect:

  • the entire list of positions that should be excluded from the state;
  • exclusion dates;
  • persons who are responsible for carrying out necessary actions(notification of the employment center, employees, etc.).

The same document can create a commission whose powers will include reductions.

Notifying employees and offering them available vacancies

All employees subject to layoffs must be notified in advance. Employees must be notified against signature and in person at least two months before dismissal (Part 2 of Article 180 of the Labor Code of the Russian Federation).

For seasonal workers, the notice period is much shorter. It is seven calendar days. And employees with whom an employment contract has been concluded for a period of less than two months must be notified at least three months in advance. calendar days.

Such a notice is drawn up in free form. The employee will need to sign this document. If he refuses to sign, then the text of the document should be read aloud to him in front of witnesses. Next, the fact of notification and refusal to sign must be recorded in the act.

Before agreeing with an employee to reduce the notice period, he must be offered available vacancies. Since the employer has the right to dismiss due to reduction only after the employee refuses his existing job in the company. The proposal for transfer can be made either in the text of the notification or in a separate document.

If employees do not want to be transferred to other vacancies and agree to quit earlier, it is necessary to obtain their consent to shorten the term. Such consent is drawn up in any form with the obligatory signature of the employee.

Notification of government agencies

Government agencies must also be notified of the reduction:

  • employment center (clause 2 of article 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1);
  • elected body of the primary trade union organization (Article 82 of the Labor Code of the Russian Federation).

Early layoff. Payments

If the notice period is shortened, the employer is obliged to pay additional monetary compensation. Such compensation is the employee’s average earnings and is calculated in proportion to the period remaining until the end of the notice period for the upcoming layoff.

Early dismissal during layoffs. Base

The basis for dismissal if an agreement is reached with the employee to reduce the period will be the same - dismissal due to reduction. In some cases, HR staff offer termination registration employment contract by agreement of the parties, referring to the agreement reached to reduce the period. But then the employee loses the right to the legally guaranteed payments due to him upon layoff. Therefore, in the future, dismissal by agreement instead of dismissal due to reduction may be challenged in court and declared illegal.

Termination of labor relations ends with the issuance of an order on

Last modified: January 2019

Parting with an employer is not always caused by the employee's decision. Sometimes the question arises about reducing the rate associated with optimizing the company's activities. Since the employer is obliged to notify the employee 2 months in advance, in in some cases an option is being considered early dismissal employee before the expiration of the notice period. This measure is not prohibited by law, subject to certain rules.

The question arises of how early termination of work is considered if the Labor Code of the Russian Federation provides for the need for preliminary notification long before the event. The leadership often uses the norms specified in Article 180 of the Labor Code of the Russian Federation, but do not forget about the clarification of the application of this article by the Constitutional Court.

Is it possible to retrench early?

Reducing the number of hired personnel is a frequent measure that allows the administration to make important personnel changes that have a positive impact on the overall activities of the company. When management decides to reduce individual positions, they begin the reduction procedure.

Since this decision often goes against the plans of the employee himself, there is a need for coordination of actions, registration of compensation payments and other processes accompanying dismissal. The law provides the laid-off employee with the opportunity to continue working for another 2 days, allowing the person’s further personal and professional plans to be adjusted with subsequent new employment.

It should be remembered that the Labor Code of the Russian Federation, during reductions, protects the rights of certain categories of citizens (workers during pregnancy, with young children under 3 years of age or with disabilities, when raising dependents under 14 years of age alone). It will be possible to lay off an employee only if he is not provided with a preferential right to remain in the same position.

The main provisions regarding termination of an employment contract due to redundancy are described in Art. 180 of labor legislation, however, there are some ambiguities in the wording that the parties to labor relations could interpret differently if not for the clarifications of the Constitutional Court of the Russian Federation. According to the Labor Code of the Russian Federation, the employer has the right to lay off an employee if he has the latter’s consent. As a consequence, the wording of the article does not imply the possibility of dismissal due to reduction before the expiration of the notice period with receipt of the required compensation.

Using the right to dismissal under Article 180 of the Labor Code of the Russian Federation before the expiration of the required two-month period, the employee loses the right to receive compensation.

To eliminate the ambiguity of interpretation, in determination No. 1881-O the Constitutional Court of the Russian Federation clarified that the application of Article 180 does not provide obstacles to early termination of employment relations at the initiative of the employee, requiring only the consent of management.

Based on this, the conclusion follows: if one of the parties to the labor relationship has a desire to terminate the contract early, the second must give consent to this.

Process description

Termination process labor contract begins with prior notice to the person. The law requires this to be done a couple of months before the official separation from the employee. The Constitutional Court supplements the definition of the period by defining 2 months as the minimum permissible period. The longer the period before dismissal, the greater the chances of successfully finding a new place of employment.

Exceptional cases when the warning period is reduced concern such design options as:

  • Seasonal work– according to Art. 296 of the Labor Code of the Russian Federation, the minimum period before dismissal is 1 week;
  • Fixed-term contract– according to Article 292 of the Labor Code of the Russian Federation, with notification 3 days before the event.

After the employee is notified, if they intend to leave early, the parties take the following actions:

  1. Expression of the will of one of the parties. Depending on the situation, the employer or employee expresses their intention to resign before the expiration of the notice period. This may be written or oral notification, at the discretion of the parties.
  2. Approval procedure. Break up ahead of schedule the parties have the right only if there is a mutual agreement. If the court subsequently determines that the consent of the other party was not obtained, the dismissal is revoked. Eliminating the risk of later claims, the enterprise administration obtains the written consent of the employee. If the desire is expressed by the employee, written permission is not required from the enterprise, because further steps in the procedure will in themselves indicate agreement with early termination of the contract.
  3. Issuance of an order for early dismissal on the basis of Article 84.1 of the Labor Code of the Russian Federation. The employee must familiarize himself with the order, as evidenced by his signature at the end of the document. A specialist from the HR department prepares a calculation note and makes the last entry in the labor record.
  4. Payment of compensation is carried out in accordance with the provisions of Article 140 (accrued wages for the last period, payment for days off annual leave, compensation). If in the process of performing work duties a person causes some material damage, the amount is deducted from the money issued.
  5. The last steps in connection with early dismissal are to obtain employment documents, certificates from the accounting department, and other documents if they were kept by the employer.

Since the layoff involves the payment of compensation, writing a resignation letter before the end of the two-month period plays an important role. The correct wording determines whether the employee will receive additional monetary compensation upon termination of the employment agreement.

In most situations, an employee is accustomed to writing a letter of resignation when leaving. at will, however, such wording when drawing up an abbreviated application is unacceptable. It deprives a person of the right to receive legal compensation.

If there are doubts that the employer will honor the promises made during the process of agreeing on an early separation, you should not write a statement. After the expiration of the due date, the dismissal will still take place, with guaranteed monetary compensation for the reduction.

If the initiative comes from management, the employee has the right to express his agreement or disagreement.

If the employee takes the initiative himself, when writing the application, please special attention on what the basis looks like in the document. Having indicated in the application the intention to quit, they will apply the provisions of Part 1, Clause 3, Article 77 of the Labor Code of the Russian Federation, legally depriving the employee of the right to demand compensation. It is important to reflect in the text of the application the fact of the upcoming layoff at the initiative of the employer and your consent to register this event at an earlier date, with the obligatory payment of the due compensation.

During mass layoffs, the employer often insists that employees write statements of their own free will when reducing staff, saving money on compensation payments. In fact, mass dismissal of employees without good reason actually means layoffs, and the employer has no right to force termination of an employment contract upon application at his own request.

The fate of his further monetary compensation depends on the further actions of the employee himself. If, having succumbed to pressure and threats from the employer, a person nevertheless writes a statement with the wording “of his own free will,” all that remains is to try to restore justice through the court, where a statement of claim is filed with documentary evidence that there was pressure from management.

When considering the case regarding the circumstances of the dismissal, the court will definitely consider the text of the application and the wording used in it, paying attention to the true background of the events. If the proceedings are successfully completed, the employee will be forcibly reinstated at work, and management will have to resolve the issue of layoffs, taking into account the requirements of the law.

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Early dismissal due to staff reduction - payments and example We will discuss the calculation of monetary compensation in this article. It will also cover other important issues on this topic.

Early dismissal due to reduction (basic information)

Advance warning of impending dismissal is one of the guarantees provided to employees when staffing is reduced. Before the notice period for dismissal expires (2 months), stop labor relations you can't - that's what it sounds like general rule, enshrined in Part 2 of Art. 180 Labor Code of the Russian Federation. However, the next part of the norm contains an exception to it: if the employee’s approval has been received, dismissal is allowed earlier, subject to the transfer of appropriate monetary compensation to the latter.

Employers are usually interested in the prompt implementation of organizational activities, therefore, as a rule, they immediately include in the notice of the upcoming layoff a proposal to terminate the employment relationship early. However, there are also situations in which the company does not want to lay off an employee quickly, so it does not make an offer to do so, but the employee insists on early dismissal due to reduction. The Labor Code of the Russian Federation speaks of the possibility of dismissing a worker before a two-month period with the latter’s approval, therefore, in such cases, the manager has the right to resolve this issue at his own discretion.

Since the employer has no obligation to satisfy the employee’s request for early dismissal due to reduction, he can, in particular, invite him to submit an application about his desire to resign or terminate the employment relationship by mutual consent. True, in this case, the employee does not have the right to the amounts of money provided by law for layoffs (including compensation for early dismissal).

Payments for early dismissal in case of staff reduction

An employee dismissed early due to layoffs must, by law, receive appropriate compensation. It is important to understand that its payment does not imply exemption from the obligation to pay other amounts due to specific employees (as well as other payments that are due to all dismissed personnel).

Let's list everything below possible types amounts of money that must be paid to employees dismissed early due to layoffs:

  1. Compensation for early dismissal, the amount of which depends on the employee’s average earnings and the number of working days remaining at the time of dismissal before the expiration of the notice period for layoffs (Part 3 of Article 180 of the Labor Code of the Russian Federation).
  2. Severance pay in the amount of average earnings for 1 month (Part 1 of Article 178 of the Labor Code of the Russian Federation).
  3. Payments for 2 months after dismissal, allotted by law for job search, in the amount of average monthly earnings (Part 1 of Article 178 of the Labor Code of the Russian Federation). At the same time severance pay is counted as the first such payment, and the next one must be made, provided that in the 2nd month after the reduction the employee still has not found new job and confirmed this with the help of a work record book.
  4. Payment for the 3rd month of searching for a suitable job, if the conditions for timely application to the labor exchange and the absence of employment in the 3rd month after dismissal are met (Part 2 of Article 178 of the Labor Code of the Russian Federation). To receive payment, the employee must present a certificate from the labor exchange.
  5. Compensation for paid rest, the days of which were not used by the employee (Part 1 of Article 127 of the Labor Code of the Russian Federation).
  6. Amounts unpaid on the day of dismissal related to wages.
  7. Other amounts due to the employee in accordance with the terms of the employment contract or collective agreement.

All of the above payments are made at the expense of the company and must be made on the employee’s last day of work (the only exceptions are clauses 3 and 4). If this is not possible, then you must pay no later than the day following the dismissal’s request for payment (Part 2 of Article 140 of the Labor Code of the Russian Federation).

The law does not establish specific deadlines for the payment of average earnings for the time during which the dismissed person is looking for work, so the employer can make them at any time within 2 (if applying for the 3rd payment - 3) months from the date of dismissal.

An example of calculating compensation for early dismissal

For clarity, let's look at an example. Let’s say an employee was notified of a layoff on September 30, 2016. The notice period for dismissal in this case expires on 12/01/2016, but he agreed to resign on 11/04/2016.

First, you need to calculate the average daily earnings of the dismissed employee according to the rules of the regulations on average earnings, approved. Government Decree No. 922 dated December 24, 2007 (hereinafter referred to as the Regulations). To do this:

  1. We determine the billing period in accordance with clause 4 of the Regulations. In our case, this will be the period from November 1, 2015 to October 31, 2016, that is, 12 months (calendar, from the 1st to the 30th/31st) preceding the dismissal.
  2. We count the number of working days in a period. You need to focus on the work schedule in the organization. Provided that for of this employee a 5-day work week was established with days off on Sunday and Saturday, and he did not work only on all-Russian non-working days and holidays, there were 246 working days during the billing period.
  3. We calculate days worked (clause 5 of the Regulations). Let’s assume that during the billing period, the employee was sick for 3 working days and was on vacation for 28 working days. Thus, out of 246 days, only 215 are considered worked.
  4. We determine the basis for calculating compensation in accordance with paragraphs. 2-3 Provisions. Let’s assume that during the billing period the employee was accrued 430,000 rubles, of which salary is 400,000 rubles, vacation pay is 27,000 rubles. and sick leave payments - 3,000 rubles. The base in this case is 400,000 rubles. (other payments are not included in the calculation).
  5. We calculate the average earnings per day by dividing the base by the number of days worked. In our case, the average daily earnings will ultimately be 1860.47 rubles.

Compensation is then calculated by multiplying the average daily earnings by the number of working days remaining before the notice period expires. For the period indicated in the example from 11/05/2016 to 11/30/2016 there will be 18 working days. Thus, by multiplying 1860.47 rubles. on 18 we will receive an amount of compensation equal to 33,488.46 rubles.

Offering vacancies to those dismissed early

The Labor Code of the Russian Federation obliges the employer, right up to the moment of dismissal, to offer those being laid off vacant positions in which they can work, taking into account qualifications and health indicators (Part 1 of Article 180). A situation is possible when an employee has given written consent to early dismissal, but in the period before dismissal, suitable vacancies appeared. Is the employer required to offer them?

Judicial practice on this issue contradictory. Thus, the appeal ruling of the Moscow City Court dated February 26, 2013 in case No. 11-6190/2013 indicates that the employee’s consent to early dismissal indicates his intention to terminate his employment relationship with this employer, and not to move to another position. Thus, the employer is not obliged to offer such an employee vacancies. Other courts proceed from the fact that the Labor Code of the Russian Federation does not make any exceptions for employers to fulfill the obligation in question (appeal ruling of the Krasnoyarsk Regional Court dated June 19, 2013 in case No. 33-5018/2013).

Conclusion: due to the absence in the law of a provision on the optionality of offering vacancies to employees dismissed early, and also taking into account the contradictory judicial practice, it is still recommended to offer such employees a suitable job until the moment of their dismissal.

How to file an early dismissal due to redundancy

Not established by law specific method registration of early dismissal in case of reduction. It is only stated that the employee’s consent must be in writing.

It can be obtained in different ways:

  • conclusion of a written agreement;
  • by placing a mark of agreement with early dismissal on the notice of the upcoming layoff;
  • by submitting an application by the employee, etc.

The dismissal procedure itself follows the general procedure: an order is issued, a corresponding entry is made in work book etc.

An employee who has agreed to an early layoff can be fired even on the day he receives notice of the layoff. True, the employer must be ready to pay the dismissed person in full on the same day, since otherwise Art. 140 of the Labor Code of the Russian Federation, and for this the employer may be brought to civil and administrative liability.

Let's summarize: in order for the employer to be able to make an early dismissal of an employee without any problems, he needs to pay all amounts due to the dismissed person in in full and on time. It is also important not to neglect the rule about offering suitable vacancies until the day of dismissal.

Regardless of the reasons for the dismissal of subordinates, the management of any company must nevertheless comply with the legally regulated procedure for staff reduction. Thus, the early dismissal of a subordinate before the expiration of the notice period can be initiated either by the employer, with the consent of the employee, or by the subordinate, by drawing up a corresponding application.

Grounds for early dismissal of an employee before the expiration of the notice period

Based on Art. 180 of the Labor Code of the Russian Federation, provides for the possibility for the parties to an employment agreement to terminate it early during the procedure. Thus, the article fixes the following provisions:

  • the manager has the right to terminate the employment relationship before the end of the two-month period (the regulated period of dismissal from the date of notification);
  • such a process can only be carried out with the consent of the dismissed person;
  • under these circumstances, the employer is required to make an additional payment to the employee in the amount of his average salary, calculated for the number of days that he had to work until the end of the designated two months.

Also based on Art. 180 of the Labor Code of the Russian Federation, we can conclude that the initiator of such a reduction should be the employer. However, the article does not fix the provisions according to which an employee has the right to provoke this procedure. It is understood that a subordinate cannot initiate dismissal while retaining the right to subsequent compensation payments in the form of severance pay.

However, Art. 180 of the Labor Code of the Russian Federation also does not include an unambiguous ban on early dismissal at the will of a subordinate. Therefore, as practice shows, the most common way for a subject to initiate dismissal before the deadline is to submit an appropriate application.

In turn, the employer is a legally regulated person who has the right to begin the early dismissal procedure. In this case, the form of reduction is determined within the organization.

For the lawful early dismissal of an employee, the employer must obtain written consent from him to the appropriate actions.

Necessary payments in case of early dismissal of an employee before the expiration of the notice period

Among other things, the employee has the right to count on receiving compensation funds. They are calculated using the following formula: K = Z/Psr * T, where:

  • K – amount of compensation;
  • Salary/Psr – average earnings of a subject, which is defined as the ratio of all funds earned for a year to the time actually worked for the same period (Article 139 of the Labor Code of the Russian Federation);
  • T is the time remaining until the expiration of the notice period.

Also, based on Art. 84 of the Labor Code of the Russian Federation, the head of the company will be obliged to pay the dismissed subordinate the following amounts:

Notice of early dismissal of an employee

Based on Part 2 of Art. 180 of the Labor Code of the Russian Federation, the period between notifying employees of dismissal and direct reduction is not determined arbitrarily. The period within which the manager sends the notification depends on the labor status of the subordinate. In particular, for employees performing their professional activity on an ongoing basis, this period is 2 months.

In addition, based on Art. 296 of the Labor Code of the Russian Federation, the following frequency is also legal:

  • dismissal of seasonal workers should be carried out no earlier than 7 days after notification;
  • dismissal of temporary subordinates with whom the agreement was concluded labor agreement for less than two months, must be notified at least 3 days before the reduction.

The immediate counting of days must begin from the day following the date on the notice. For example, if the notice was provided to the subject on April 1, then his dismissal is legal only on June 2.

If the employee is not at the workplace on the day the notice is provided, the period begins to be calculated from the date that follows the day when the subordinate was familiarized with the paper and signed the document indicating the day of familiarization.

If an employee refuses to sign the notice, the presence of two witnesses is required to confirm that the subject is informed of the dismissal.

In this case, the alert cannot be suspended even when the subject is on vacation or sick leave. Also, the reason is not simple due to the fault of the employer.

The notification is a special document that records the following data:

  • Full name and position of the person being laid off;
  • information about the organization, as well as about the director;
  • justification for dismissal containing a link to the relevant document;
  • designation in case of availability of vacancies for the reduced subordinate;
  • signatures of the manager and employee;
  • date of execution of the document and date of familiarization of the subordinate with the notification.

The procedure for early dismissal of an employee before the expiration of the notice period

The procedure for early dismissal consists of the following stages:

  1. Determination of the initiating party (employer or subordinate). The Labor Code of the Russian Federation does not regulate the form of expression of will. It is understood that the parties can express such a desire both in writing (an employee - through a statement, a manager - through a notification) and orally.
  2. Approval stage. If one of the parties does not agree to dismissal, this situation may escalate into court proceedings, where the judge is most likely to issue a verdict to cancel the reduction. To prove agreement, the manager must have the employee’s written consent, and the subordinate must have a statement signed by the manager. Also, in both cases, evidence will be considered as evidence.
  3. Registration of the procedure. Early dismissal of an employee takes place under Art. 84 of the Labor Code of the Russian Federation, where the basis is the corresponding order of the manager. Also, in addition to the order, the personnel department draws up a note with the calculation of payments, after which the corresponding entry is entered into the subject’s work book.
  4. Calculation procedure. All calculations are made on the last working day of the employee on the basis of Art. 140 Labor Code of the Russian Federation. The manager must ensure payment of wages, as well as some additional compensation. If necessary, the employee must also pay the employer compensation for damage, if any.
  5. Issuance of documents. Upon completion of the calculations, the subject receives, along with financial resources, personal labor documents. In particular, this means a work record book, but it can also be any documents related to the employee if he has previously requested receipt of the corresponding certified copies from the accounting department or the personnel service.

Early dismissal at the request of the employee, payment of severance pay

An employee can express his will for early dismissal orally (in a conversation with the manager) and in writing (by writing a corresponding statement).

The legislation does not provide for a regulated form for such a statement. Practice shows that general requirements for registration are as follows:

In case of early dismissal due to staff reduction at the initiative of the employee, on the basis of Art. 80 of the Labor Code of the Russian Federation, he has the right to withdraw this application before the end of the warning period, if the vacancy he occupied was not filled by another employee upon transfer.

Payment of benefits upon dismissal is assigned for a number of clearly regulated reasons (Article 178 of the Labor Code of the Russian Federation). Thus, the list of such grounds does not provide for the payment of severance pay to a person who has expressed a desire to resign of his own free will.

Violations by the employer during early dismissal when reducing staff before the expiration of the notice period

Practice shows that early dismissal is most often associated with the following violations of employee rights:

  • the manager did not receive written consent from the subordinate, but the dismissal procedure followed the standard algorithm;
  • the company did not pay all the required compensation amounts;
  • the procedure for early dismissal of a subordinate was carried out with violations. For example, the application was completed with errors or this fact was not highlighted to the employment service;
  • the person being dismissed was notified later than the required two months before dismissal;
  • the employee was subject to moral pressure from the administrative apparatus, which forced him to write a statement “of his own free will.” This is often done in order to save money for the company.

To protect his rights, an employee must:

  • obtain professional legal advice in a timely manner. If necessary, the lawyer will also help file a claim in court, and will become a representative of the plaintiff if the matter comes to litigation;
  • study in detail labor legislation in the context of legal methods of early dismissal, independently defending their rights in court.

An appeal against a reduction carried out in an illegal manner is possible within one month from the date of the relevant decision.

The court order must reflect the following information:

  • an obligation for the head of the company to make adjustments to the subject’s work book;
  • the procedure for collecting all necessary compensation payments from the enterprise;
  • determining the amount of moral damage that was caused to the employee by illegal actions.

Thus, early dismissal is based on the mutual desire of the parties to legally formalize this procedure. If the employee agrees, early dismissal will not be difficult. In case of violation of someone's rights, the injured party is strongly recommended to seek help from a professional lawyer.

If the dismissal of an employee does not occur on his initiative, then it is always unpleasant and offensive for the employee. Most people try to avoid this situation. However, there are times when dismissal is inevitable. This happens when the company's workforce is reduced. If you have received notice of dismissal due to redundancy, then early dismissal may be a good alternative.

Resign voluntarily?

According to the Labor Code, when an employee is dismissed due to a reduction in the company's staff, the employee is given a notice of the upcoming reduction of position and dismissal of the employee no less than 2 months before the scheduled date of dismissal. But quite often a situation arises when an employee himself asks for an earlier termination of the employment contract. This could be due to a number of reasons. One of them is that a person has found a new job. Fearing that the vacancy will be filled by another applicant, he strives to begin his duties as soon as possible.

On what basis should an employee be dismissed in this case? After all, he expressed his own desire, at the same time this desire was caused by staff reduction. The basis for dismissal determines whether severance pay and average salary for the duration of employment will be paid, additional compensation calculated in proportion to the time not worked by the employee before the end of the layoff notice period.

The Constitution of the Russian Federation and the Labor Code guarantee all citizens the right to work. And where exactly, in what organization, company, firm the employee will exercise his right depends on him. Therefore, the employer cannot interfere with the employee’s desire to resign before the date of dismissal due to redundancy. An employee can submit a corresponding application at any time.

In this case, the employee must clearly understand that upon dismissal of his own free will, he does not lose the right to the guarantees and compensation that would be provided to him upon dismissal due to staff reduction. At the same time, this early dismissal is not caused by the employee’s “own desire”, but is a forced, “hidden” dismissal due to staff reduction.

Early termination of the contract due to staff reduction

The Labor Code of the Russian Federation makes it possible to dismiss a redundant employee before the deadline that determines the notification of early dismissal. According to Part 5 of Art. 180, an employer may terminate an employment contract with an employee before the expiration of the term with his written consent.

Thus, according to this article, the right to early termination of the contract is granted to the employer, and not to the employee, although the employer can exercise it only with the consent of the employee. That is, initially it is the employer who decides on the advisability of working out the entire period indicated in the notification.

But this provision cannot prohibit an employee from initiating the process of terminating an employment contract early. Moreover, the Labor Code does not force the employer to necessarily satisfy this request of the employee. Therefore, in order to terminate the contract for staff reduction early, both parties must be interested in this. And the employer comes first, since it largely depends on him whether this reduction will occur or not, and the employee retains the right to agree or refuse this proposal.

Application for early termination of an employment contract due to staff reduction

An employee can also come up with an initiative for early termination of the contract in compliance with all possible legal guarantees provided for in Article 180 of the Labor Code. Whether to agree to this proposal is the prerogative of the employer. In this case, to accept the right decision When an employee is laid off, a large role is given to the application for early termination of the contract.

To dismiss an employee not on the basis of his own desire, but due to staff reduction, the application must be written correctly. Its text must exclude double interpretation. The request must be stated in detail and clearly.

It is necessary to indicate that the employee is familiar with the beginning of the procedure for his dismissal in connection with the upcoming reduction in staff, indicating the date specified for this. It is necessary to indicate whether he was offered vacancies, and if so, which ones. It is imperative to indicate that he wants to resign before the expiration of the appointed dismissal period due to staff reduction, and that he is claiming the compensation payments due. In this case, dismissal is impossible without the consent of the employer.

Payments upon dismissal due to reduction before the expiration of the reduction period

It is clear that it is more economically profitable for the employer to fire workers during the layoff period at their own request. In this case, he should not make compensation payments. Some dishonest employers even use threats and methods of psychological pressure to force employees to quit on their own.

If an employee is dismissed early, then the following payments are provided for him upon dismissal due to reduction before the expiration of the reduction period, which are paid by the employer:

  • wages for the time actually worked in the month of dismissal;
  • compensation for all vacations that the employee did not use;
  • severance pay equal to the average monthly wages(only if early dismissal is initiated by the employer);
  • additional compensation equal to the average earnings for the time remaining before reaching the appointed date of dismissal due to staff reduction (if this is specified in the collective agreement);
  • for the period of employment - average monthly earnings, but this period should not exceed two (in some cases, by decision of the employment center - three) months from the date of dismissal.

Going to court

There are often cases when an employee, succumbing to pressure from the employer, writes a statement during a period of staff reduction with a request to dismiss him “at his own request.” Then he can apply to the court to change the wording of the reasons for dismissal and to recover the payments due to him, claiming that the administration forced him to write a statement. In this case, it is the employee who must prove that coercion on the part of the employer took place.

When considering a claim, the court examines:

If in court the employee proves that this statement was written by him under pressure from the employer and does not correspond to his wishes, then the termination of the contract will be considered illegal. In such a case, the employer is obliged to change the wording of the grounds for dismissal, as well as make all required payments, including compensation for moral damages and expenses caused by participation in court hearings. It is possible for the court to make a decision to reinstate the employee to his position and pay for forced absence.

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