Labor relations at the enterprise during reorganization. Personnel changes during reorganization How to dismiss an employee during reorganization by joining

Lyubov Nikolaevna, hello!

Your question is quite clearly regulated by three articles of the Labor Code of the Russian Federation

Article 81TC. Termination of an employment contract at the initiative of the employer
An employment contract can be terminated by the employer in the following cases:
1) liquidation of an organization or termination of activities by an individual entrepreneur;
2) reduction in the number or staff of employees of an organization or individual entrepreneur;
Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.
In the event of termination of the activities of a branch, representative office or other separate structural unit of an organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization.
It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of the organization or termination of activities by an individual entrepreneur) during the period of his temporary incapacity for work and while on vacation

Article 180 of the Labor Code. Guarantees and compensation to employees during liquidation
organization, reduction in the number or staff of the organization's employees

When carrying out measures to reduce the number or staff of an 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 the Labor Code.
Employees are warned by the employer personally and against signature at least two months before dismissal about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees.
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.

Article 178 of the Labor Code determines the procedure for paying severance pay upon termination of an employment contract in connection with the liquidation of an organization (clause 1 of part one of Article 81 of this Code) or a reduction in the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code) to a dismissed employee

Upon termination of an employment contract due to the liquidation of an organization (clause 1 of part one of Article 81 of this Code) or a reduction in the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid severance pay in the amount of the average monthly salary, as well as The average monthly salary is retained for the period of employment, but not more than two months from the date of dismissal (including severance pay).
In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it.
An employment contract or collective agreement may provide for other cases of payment of severance pay, as well as establish increased amounts of severance pay.

When an enterprise undergoes a reorganization procedure, its legal status is terminated or changed, and all rights and obligations of the reorganized legal entity are transferred to the new company. A prerequisite for such actions is the cessation of the activities of one enterprise and the formation of one or more new ones. That is, workers are being laid off. How to properly fire staff due to reorganization?

This is a rather complex legal process, and not simply a transfer of rights and obligations from one business entity to another. In accordance with Art. 57 of the Civil Code of the Russian Federation, there are 5 forms of reorganization. This:

• transformation. That is, one legal entity of a certain organizational and legal form ceases to operate. A new enterprise is created on its basis, but with a different organizational and legal form;
• separation. That is, one legal entity ceases to exist, and several new enterprises are created on its basis;
• selection. Some rights and obligations are transferred to one or more newly created enterprises. During a reorganization of this type, the “old” legal entity does not cease its activities;
• accession. One legal entity ceases its activities, all rights and obligations are transferred to the “new” enterprise;
• merger. Several enterprises merge into one. In this case, the “old” legal entity ceases its activities, and all rights and obligations of the merging enterprises are transferred to the newly created one.

Any type of reorganization affects the rights of employees. Some positions may turn out to be redundant; the location and work schedule, working hours and rest schedule may change.

In this regard, the issue of dismissing some employees and recruiting new personnel is acute. But all personnel activities must be carried out exactly in accordance with the norms of the Labor Code of the Russian Federation.

The procedure for dismissal during enterprise reorganization

Employees can be fired for the following reasons:

• staff reduction;
• change of owner;
• the employee’s reluctance to continue his work activity due to changes in the terms of the employment contract.

• women on maternity leave. Dismissal on maternity leave during reorganization must be accompanied by the correct execution of all personnel papers, but such employees cannot be laid off;
• women who are on leave to care for their child until he reaches three years of age;
• employees who are on leave, regardless of its reason;
• workers of trade union organizations.

To terminate an employment contract with your employees if the company is reorganized, you must follow a certain procedure. This:

• issuing an order for the enterprise on upcoming reorganization measures;
• the manager gives orders to notify all employees in writing;
• Next, you need to draw up additional agreements to the employment contract. In them, the employer reflects those changes in the employment contract that employees expect in the future;
• if the employee does not accept the new conditions, then he writes a letter of resignation to the HR department;
• the employer is obliged to pay compensation to its employees who quit.

Depending on the form of reorganization, there are some features of termination of employment relations. However, there are common mistakes that employers make when dismissing employees during reorganization. This:

• if the employee’s position at the “new” enterprise is not included in the new staffing table, the manager is still obliged to offer him vacant positions that correspond to the qualifications and experience of the dismissed employee. The employee may challenge such dismissal in court;
• even a sick employee must be notified of the upcoming reorganization;
• the employee did not sign an order to terminate his employment contract. This is not a reason to go to court, but you can write a complaint to the labor inspectorate;
• the manager incorrectly calculated the date of termination of employment and notified his employees too late;
• the employer insisted that the employees write a statement of their own free will in order to save money on compensation payments. This is a reason to file a lawsuit, but there must be real evidence of pressure;
• The dismissal of hired employees was carried out somewhat earlier than the reduction measures actually began.

Almost all of these mistakes can land parties in court. As a rule, the court takes the employee’s side if the latter has significant evidence of the employer’s violation of his rights.

As soon as the court finds the dismissal illegal, the employer is obliged to reinstate the employee at his workplace on the same day, pay him compensation for forced absence, and also pay him for moral damages.

Dismissal during reorganization of an enterprise in the form of merger

With this form of reorganization, several firms voluntarily cease their activities and merge with another enterprise. Those companies that join do not fire their employees. Therefore, there is no need for mandatory written notification. But some working conditions may change, for example:

• the address where the new workplace will now be located;
• methods of calculating wages;
• methods for calculating and paying bonuses and various bonuses;
• duration of working hours and rest time.

If the employee does not agree with such changes, he can write a letter of resignation. The application must indicate the reason not “of one’s own free will”, but “unwillingness to work in connection with the reorganization that has occurred.”

Dismissal during enterprise reorganization in the form of transformation

With this form of reorganization, enterprises voluntarily merge into a single large company. The purpose of such actions is to improve the competitive position in the market. There is no need to notify employees about upcoming changes. But if the employee does not agree with the new working conditions (and some changes will still occur), he may quit because he does not want to work in the new company that was formed as a result of the reorganization.

Payment of compensation upon dismissal during reorganization

In all other forms of reorganization, one or more legal entities cease their activities. Therefore, there will be a massive layoff or reduction of employees. In these cases, the employer must notify each employee in writing of the upcoming changes. The notice is drawn up in two copies. The employee signs on one of them. This does not indicate that he agrees with future changes. This indicates that you are familiar with the events that will be held in the near future.

The manager must pay resigning employees:

• wages for the time actually worked;
• compensation for those vacation days that the employee did not have time to take off;
• bonuses that are specified in the employment contract;
• severance pay. It is paid for the next 2 months. It is calculated based on the average monthly earnings of a particular employee over the last year;
• other payments that may be provided for in an employment or collective agreement, as well as in other local regulations.

Notification is sent to each employee at least 2 months before the proposed events. This time is necessary both for the employee himself to re-employ himself, and for the employer to prepare all the necessary personnel documents.

The law does not oblige employees to strictly work 2 months before the start of reorganization measures. You can quit earlier. In your resignation letter, you must write the reason for “reduction in staff.”

In this case, the employer must pay additional severance pay, calculated based on the remaining days before the expiration of the 2-month period and the average earnings of this employee.

If the employee was unable to find a job within the next two months after dismissal (these 2 months were paid by the employer upon dismissal due to staff reduction), then the employer is obliged to pay him for the 3rd month without work. In this case, the employee must be registered with the employment center.

Dismissal of a manager during reorganization

Reorganization in itself is not a reason to dismiss the head of an enterprise. You can resolve the issue in another way by offering him another position. There is always only one manager at an enterprise, but you can expand the staffing table and introduce a new position, for example, executive director. But you need to deal with the head of the “old” enterprise in the same way as with all other employees. He must be notified in advance about upcoming events and offered a vacant position.

During reorganization, the owner of the enterprise's property changes, and this is the basis for the dismissal of the entire management team. The new owner can independently decide what positions he needs and what employees will occupy these positions.

A complete replacement of the director and chief accountant, as well as their deputies, can be made in the event of a complete replacement of the owner of the property. That is, if there were 2 owners, but only 1 was replaced, then this is not a reason for dismissing managers.

The process of dismissing the manager and chief accountant, as well as their deputies, follows exactly the same pattern as the dismissal of an ordinary employee. But there are several nuances:

• dismissal of the management team, precisely on the basis of “change of ownership of property,” is possible only within three months after the changes have occurred;
• the amount of severance pay for the top management is slightly higher than for ordinary workers;
• all affairs of the former manager, chief accountant and their deputies must be transferred to new employees. This is done by signing the transfer deed. This document is signed by both the employee who transfers the cases and the employee who receives them. To avoid “surprises”, the act must indicate all the documentation that is accepted by the new manager or chief accountant.

The new owner of the enterprise's property must pay the dismissed manager and his deputies a severance pay in the amount of average monthly earnings for the next 3 months.

The maximum amount of such a benefit is not limited by any regulations, so the amount can be impressive. But it is not included in the income tax base.

As soon as the manager changes, it is necessary to notify interested parties of the accomplished fact. These include:

• counterparties. The new director will now sign contracts and other papers, so each partner must be notified. Any form of notification, but written;
• Federal Tax Service - this must be done within three days after the appointment of a new head. Notification is made by application. Information about the new management will be entered into the register;
• bank - the right to sign is, as a rule, possessed by the manager and chief accountant. If there are several banks, then each one needs to be notified. You just need to bring a newly filled out card containing the data and sample signature. The period for notifying the bank about a change in management is not established by law, but this must be done as quickly as possible, since not a single payment will be made.

Dismiss under Art. 75 of the Labor Code of the Russian Federation, that is, when changing the owner of the property of an enterprise, only the management team is allowed. This circumstance does not apply to other employees and is not a basis for termination of employment relations.

Reorganizing an enterprise is a rather complicated procedure! But if there is a reduction or dismissal, all personnel nuances must be observed.

Reorganization in the form of affiliation is a complex legal procedure, as a result of which two or more organizations merge. In this process, some legal entities can be liquidated and new ones created.

At the same time, the subjects who receive certain rights and responsibilities change.

The legal successor receives all rights to property and monetary resources.

The reorganization is regulated by several legislative acts of the Russian Federation, including laws on LLC, JSC, Civil Code, Labor Code.

It is noteworthy that only firms with the same organizational and legal form can participate in the merger.

As a rule, reorganization inevitably affects the interests of the company's employees. Once this process is completed, their terms of employment and employment contract may change.

Where does the reduction occur during reorganization in the form of affiliation? In an acquired institution, often in a company that merges with another organization, there is a need to reduce the number or staff of employees.

This is not a rare practice when a newly created institution provides far fewer vacancies than there are workers themselves. Thus, Some of the personnel of the acquired enterprise are laid off.

Important. No form of company reorganization is considered a valid reason for terminating employees. Dismissal is possible only on the personal initiative of an employee who is not satisfied with the new conditions. This norm is enshrined in Article 75 of the Labor Code of the Russian Federation.

If the employment relationship with the employee continues after the reorganization, he automatically becomes an employee of the new successor company - there is no need to dismiss such a person with documentation and then re-employ him.

Reduction during reorganization in the form of merger

If a layoff is imminent, the employer must do the following:

List of documents for staff reduction during reorganization in the form of affiliation

Reduction in any case requires extensive and detailed documentation. If at least one of the necessary papers is missing, the employee can protest the dismissal at any time.

It is worth noting that in all documents that are drawn up in connection with a reduction in staff or headcount, the employer must indicate the date - it must accurately determine the day the reorganization begins.

It is necessary to prepare the following documents:

Each of the listed documents is considered evidence of the legality of the employer’s actions. Their list is enshrined in the Labor Code and other legislative acts of the Russian Federation.

In the case of any government inspections and commissions, it is important that all necessary documentation is available at the enterprise.

Category of employees who cannot be fired

Whatever the circumstances at the company, the law of the Russian Federation provides for a list of employees who cannot be fired or made redundant. The list of such persons is enshrined in Article 261 of the Labor Code.

This includes workers who:

Guarantees for employees

The following types of punishment are provided:

• fine from 1,000 to 50,000 rubles;
• suspension of the enterprise for 90 days;
• monetary compensation to the employee from the company in the amount of his lost wages.

So, reduction of personnel during the reorganization of a company in the form of an affiliation is a complex, legally sensitive procedure that requires great care from the employer. In order not to violate labor laws, you should carefully consider the choice of persons for dismissal and correctly prepare all documents.

Posted On 05/14/2018

On the contrary, the correct actions of the employer will save him from unnecessary litigation, claims from employees and law enforcement agencies. It is traditionally believed that the form of affiliation involves mandatory notification of employees about the reorganization of the enterprise. However, in contrast to the procedure for liquidating an enterprise, in which, in accordance with Part 2 of Article 180 of the Labor Code of the Russian Federation, the employer is obliged to warn employees about the upcoming dismissal personally, against signature and at least two months in advance, there is no similar rule in the reorganization of an enterprise in Russian legislation.

Employing organization as legal successor

57) considers the procedure for changing the structure of a company as a reorganization of a legal entity. Reorganization has several forms: merger, accession, division, separation and transformation. This raises a number of issues of interest from the point of view of labor relations. First of all, the issue of transferring rights and obligations to the legal successor must be resolved.

In the case of a merger, where two companies merge into a third legal entity, the successor is the newly created entity.

What to do with an employee on maternity leave during the reorganization of the institution?

The employer's actions during layoffs are regulated by Article 180 of the Labor Code of the Russian Federation. Since your employee is on maternity leave during the reorganization period, you do not have the right to lay off the employee. According to Article 261 of the Labor Code of the Russian Federation, termination of an employment contract with women who have children under 3 years of age is allowed at the initiative of the employer only in cases of liquidation of the organization (institution) and when the employee commits disciplinary offenses. The employee automatically becomes an employee of the new legal entity.

Termination of an employment contract during reorganization of an enterprise through merger

Article 75 of the Labor Code, as amended before the entry into force of Federal Law No. 90-FZ of June 30, 2006, established a rule favorable to employees: during reorganization, labor relations with the consent of the employee continue. This rule provided for obtaining consent from each employee and, if available, preserving all pre-existing conditions of the employment contract. “On introducing amendments to the Labor Code of the Russian Federation, recognizing certain regulatory legal acts of the USSR as invalid on the territory of the Russian Federation and invalidating certain legislative acts (provisions of legislative acts) of the Russian Federation.” New edition part.

Rights of workers during enterprise reorganization

And not only the right to leave, but also all rights and obligations from the reorganized enterprise are transferred to the newly created one... Unless the reorganization is associated with the liquidation of one legal entity and its transformation into a structural division of another legal entity. Upon liquidation of an enterprise, the legal successor is obliged to employ women on maternity leave. Labor relations in the form of transformation.

During reorganization, does the employer have the right to transfer an employee to a lower position (from department head to specialist) and reduce the salary?

All employees wrote a letter of resignation from their previous place of work. Does the employer have the right to transfer an employee to a lower position (from department head to specialist) and reduce the salary if his position is not provided for in the new company? Answer During reorganization in accordance with Part 5 of Art.

75 of the Labor Code of the Russian Federation, labor relations continue. In itself, it is not a basis for terminating an employment contract with an employee. During reorganization, the head first determines the structure, staffing and staffing levels of the successor organization, taking into account the personnel of the acquired organization.

Transfer of employees during reorganization in the form of affiliation

But the catch is that she doesn't want to leave her vacation early.

How are employees dismissed during enterprise reorganization?

Tatyana L Thinker (5379) 2 years ago For you, Article 75 of the Labor Code of the Russian Federation. Labor relations when changing the owner of an organization's property, changing the jurisdiction of an organization, or its reorganization When changing the owner of an organization's property, a reduction in the number or staff of employees is allowed only after state registration of the transfer of ownership.

A change in the jurisdiction (subordination) of an organization or its reorganization (merger, accession, division, spin-off, transformation) cannot be grounds for terminating employment contracts with employees of the organization. When there is a change in the jurisdiction (subordination) of the organization or its reorganization (merger, accession, division, separation, transformation), all OBLIGATIONS, including those under employment contracts, TRANSFER TO THE TRANSFER. An employee on any leave retains his workplace and position.

Procedure for employer actions during reorganization

Dismissal of employees during enterprise reorganization

Labor relations during reorganization in the form of merger

Quite often institutions are reorganized. What to do with employees in this case: do they need to be notified about this, should they be fired or will it be a transfer, what entries should be made in the work book? Such questions are asked not only by HR employees, but also by accountants and managers. We will talk about how to behave with staff during reorganization in this article.

A little about the reorganization

To create or liquidate institutions, reorganization is sometimes used, as a result of which the legal status of the organization changes and the transfer of rights and responsibilities from one institution to another occurs. Based on Art. 57 of the Civil Code of the Russian Federation, reorganization can be carried out in the form of merger, accession, division, separation or transformation. Reorganization can be carried out by decision of the founders (participants) or a body of a legal entity authorized to do so by the constituent documents. In this case, the organization is considered reorganized (except for cases of reorganization in the form of merger) from the moment of state registration of newly emerged legal entities.

When an institution is reorganized in the form of annexing another legal entity to it, the first one is considered reorganized from the moment an entry is made in the Unified State Register of Legal Entities about the termination of the activities of the affiliated legal entity. At the same time, Art. 58 of the Civil Code of the Russian Federation establishes that when one institution is merged with another, the rights and obligations of the merged legal entity are transferred to the latter in accordance with the transfer act.

The reorganization procedure is spelled out in detail in the Civil Code, so we will not consider it.

Labor relations during reorganization

According to Art. 75 of the Labor Code of the Russian Federation, a change in the jurisdiction (subordination) of an organization or its reorganization (merger, accession, division, spin-off, transformation) cannot be a basis for terminating employment contracts with employees of the organization. That is, the employees’ employment contracts continue to be valid. However, employees may refuse to continue their employment relationship if they join. Then the employment contract is terminated in accordance with clause 6, part 1, art. 77 Labor Code of the Russian Federation.

FYI. Sometimes, during reorganization, employers dismiss employees from the reorganized institution in order to transfer them to a newly created enterprise. Such actions of the employer are illegal, as they contradict Part 5 of Art.

Dismissal during enterprise reorganization

There is an opinion that during reorganization in the form of affiliation, employees of the acquired organization must be dismissed under clause 1, part 1, art. 81 of the Labor Code of the Russian Federation, since this organization is actually being liquidated. However, this opinion is wrong. The Plenum of the Supreme Court of the Russian Federation in Resolution No. 2 of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (hereinafter referred to as Resolution No. 2) indicated that the reason for the dismissal of employees on this basis may be a decision to liquidate a legal entity, that is, a decision on the termination of its activities without the transfer of rights and obligations by way of succession to other persons (clause 28). Upon merger, the rights of one institution are transferred to another, so termination of employment contracts at the initiative of the employer will be unlawful.

We notify employees

After making a decision on reorganization in the form of affiliation, we recommend notifying employees of upcoming changes. Labor legislation does not establish either the period for such notice or the form, so we recommend doing this in writing about a month in advance. It is in this notice that employees must be informed of the possibility of refusing to continue their employment relationship by submitting a written application. If, in addition to the name of the employer, other terms of the employment contract are changed, we recommend sending a notice of reorganization at least two months before the upcoming changes (Article 74 of the Labor Code of the Russian Federation).

Let's give an example of such a notification.

Municipal educational institution Secondary school N 72, Kolomna

Kolomna March 21, 2011
NOTICE to biology teacher
About the upcoming reorganization of R.N. Pakhomova

Dear Rinata Nikolaevna!

We notify you that on April 11, 2011, Municipal Educational Institution Secondary School No. 72 will be reorganized by merging with Municipal Educational Institution Secondary School No. 126.

Based on Art. 75 of the Labor Code of the Russian Federation, you can refuse to continue working in connection with the reorganization. In this case, the employment contract with you will be terminated in accordance with clause 6, part 1, art. 77 Labor Code of the Russian Federation.

If you refuse to continue working due to the reorganization, please notify the HR department by 04/08/2011.

Director Pavlova /O.E. Pavlova/

I received the notification and agree to continue working. 03/23/2011, Pakhomova

After this, the employer can proceed in two ways.

If the employee agrees to continue the employment relationship

Changes in the name of the employer in connection with the reorganization must be recorded in employment contracts and reflected in the work book. To do this, an order is issued in a free form with the following content: “In connection with the reorganization of Municipal Educational Institution Secondary School No. 72 into Municipal Educational Institution Secondary School No. 126 in the form of affiliation, from April 11, 2011, consider all employees of Municipal Educational Institution Secondary School No. 72 working in Municipal Educational Institution Secondary School No. 126.”

After this, it is necessary to conclude an additional agreement to the employment contract and indicate in it that from a certain date the named organization is considered the employer. If any terms of the employment contract are additionally changed, they must also be reflected in the additional agreement. Based on the signed agreements and orders, it is necessary to make changes to the work books and personal cards of employees.

The entry in the work book is made by analogy with clause 3.2 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor dated 10.10.2003 N 69 - in a separate line in column 3 of the section "Information about work" an entry is made: "Organization A from the named date was reorganized into form of joining organization B", and in column 4 the basis is entered - an order (instruction) or other decision of the employer, its date and number.

If the employee refuses to continue working

If an employee decides to refuse to continue working, he must write a statement requesting dismissal due to refusal to continue working due to reorganization.

Based on such an application, the employer issues an order in Form N T-8<1>and dismisses the employee under clause 6, part 1, art. 77 Labor Code of the Russian Federation. Note that when indicating the reason for dismissal, the order should write “in connection with refusal to continue work due to the reorganization of the institution,” and at the bottom indicate the name and details of the document on the basis of which the reorganization is taking place (resolution of the head of the city administration, decision, protocol, etc.). etc.), and details of the employee’s written refusal to continue working.

<1>Approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1 “On the use of unified forms of primary accounting documentation for recording labor and its payment.”

The entry in the work book will look like this.

Is reorganization by merger a basis for terminating an employment contract with a manager or chief accountant? No, and here's why. Indeed, in Part 1 of Art. 75 of the Labor Code of the Russian Federation, when the owner of the organization’s property changes, it is possible to terminate the employment contract with the specified categories of personnel. However, the rules of Part 5 of Art. 75 of the Labor Code of the Russian Federation applies to all employees of the organization, including the manager, chief accountant and their deputies. Therefore, if these employees have not expressed their desire to stop working, then the employment relationship must be continued.

How can this be? After all, a new enterprise formed as a result of reorganization cannot have two directors, chief accountants, and the issue of other employees who have expressed a desire to continue working must be resolved.

In this case, Art. 278 of the Labor Code of the Russian Federation, according to which an employment contract with him can be terminated in connection with the adoption by an authorized body of a legal entity, or the owner of the organization’s property, or a person (body) authorized by the owner of a decision to terminate the employment contract. The decision to terminate an employment contract on the specified basis in relation to the head of a unitary enterprise is made by a body authorized by the owner of the unitary enterprise, in the manner established by Decree of the Government of the Russian Federation of March 16, 2000 N 234.

Let us briefly describe the employer's procedure for such events.

To begin the procedure, it is necessary to approve a new staffing table or issue an order to amend the existing one. When identifying specific employees to be laid off, you should remember the preferential right to remain at work, which is granted to employees with higher labor productivity and qualifications. If these indicators are the same, preference is given to the categories specified in Art. 179 Labor Code of the Russian Federation.

Then it is necessary to notify each laid-off employee of the upcoming dismissal against signature at least two months in advance (Article 180 of the Labor Code of the Russian Federation). The dismissal of workers should also be reported to the employment service and trade union (if any) (Article 82 of the Labor Code of the Russian Federation). If the reduction is massive, the trade union and the employment service must be notified no later than three months before the relevant events.

The next mandatory step will be to offer another job to everyone laid off due to redundancy if there are vacancies. The final stage of the reduction will be documenting the dismissal if the employee refuses the offered vacancies. On the last working day, it is necessary to make all payments to the employee and issue a work book.

Note. In accordance with Art. 178 of the Labor Code of the Russian Federation, upon termination of an employment contract due to a reduction in the number or staff of employees, the dismissed person is paid severance pay in the amount of average monthly earnings, and he also retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay ).

We recommend that you strictly follow the procedure for carrying out this procedure (deadlines, notification procedure, offering another job, using the preemptive right to remain at work, etc.) and take into account the recommendations of the Plenum of the RF Armed Forces on this issue, given in Resolution No. 2, otherwise legal proceedings are possible, resulting in which may result from the employee’s reinstatement.

T.V.Shadrina

Journal expert

"Payment in a budgetary institution:

accounting and taxation"

Reorganization of the organization structure

Supporters of the first method put forward arguments against the second, and the second, respectively, against the first. At the same time, each of the opponents fights with enviable zeal for their own “brilliant” method of completing this procedure.

However, we will name the “pros” and “cons” of each option later, when, in fact, we describe them.

In addition, we will talk about the application of each method, both regarding the procedure for merging structural divisions and the procedure for their separation.

What is department reorganization

The reorganization of federal institutions is discussed in a separate regulatory legal act - Decree of the Government of the Russian Federation dated July 26, 2010 N 539 “On approval of the Procedure for the creation, reorganization, change of type and liquidation of federal state institutions, as well as approval of the charters of federal state institutions and amendments to them.”

According to this Resolution, the reorganization of a federal institution can be carried out in the form of a merger, annexation, division or separation.

Algorithm for formalizing labor relations during the reorganization of structural divisions of an organization

However, in practice, much more often issues arise that are not regulated by either the Labor Code or other regulatory legal acts - relations related to changes in the organizational structure of the employer. Typically, a structural unit of an organization is understood as an officially designated independent part of it, headed by a manager subordinate to the head of the organization, his deputies, chief specialists or other authorized officials of the organization.

Upon returning from leave, I was informed that there had been a reorganization of the department and my position was being reduced.

At the same time, two identical similar positions were opened, which were not offered to me, because “the manager did not consider it necessary”; in words, an economic education was required there. However, there are still no requirements for employees and job descriptions, just like the goals of the new department. Everything seems like a forgery, because... the work remained the same.

They hired new people, one of whom apparently had no economic education.

This was also a requirement when applying for a job, but I was happy with it. This is the third reorganization of the department with the dismissal of employees in the last few years. The reason for everything is the boss. Every year she recruits new ones (middle manager, afraid of competition).

Management knows about the problem, but does nothing and continues to change personnel every year.
Can I recover through court?

Or is there another way to achieve justice?

What documents need to be collected?

The procedure for reorganizing enterprise divisions

An organizational structure is good as long as it is relevant.

Business lives and develops, and external conditions - market and political - change.

That is, sooner or later the existing structure at the enterprise ceases to correspond to real work processes.

This is the basis for optimization - reorganization of structural units. The most common goals of restructuring include the following: Completely delineates responsibility, stimulates corporate governance mechanisms, ensures the redistribution of the rights of participation of entities in the capital of the company and the transfer of these rights to persons interested in the long-term development of the business; In cases where it is necessary to optimize the work of the entire company, a comprehensive reorganization is carried out.

Reorganization of a structural unit of an organization

Why are divisions needed?

The thing is that the formation of a divisional structure means that the organization groups its employees into departments, sectors, etc.

When reorganizing an organization, an employee has the right

So, in turn, they are grouped into structural units.

For what? This is simply necessary to achieve the goals of the enterprise, but if the division fails, then the organization is reorganized.

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