How to cancel an employee's layoff on the last day. Notice of cancellation of the layoff procedure and its sample

home / Quarreling

Notification of staff reduction is one of the most important documents in completing the procedure. Mistakes made will inevitably lead to litigation. Read about how to prepare it correctly, download a sample document

From this article you will learn:

Notice of job reduction

The procedure for truncation of staff or numbers in a company is one of the most labor-intensive and expensive measures for an enterprise. After management has made the appropriate decision and issued the appropriate order, at least two months must pass before the first layoffs begin.

Position reduction implies the dismissal of all employees holding such a position in a particular department. After signing the order, all employees subject to reduction must receive notice of the reduction in the number of employees. The sample is prepared 2 months before the start of the procedure in 2018.

Such a document is sent to the dismissed employee. The date of release must be indicated no earlier than 2 months from the date of delivery of the notice. The countdown of the due date will begin from the next day. You must obtain written confirmation from the employee that he received the notice, date and signature.

It is most convenient to prepare the paper in two copies. Give one to the employee, and on the second, receive confirmation of delivery from him.

The possibility of dismissing an employee before the expiration of the period specified in the notice is also prescribed.

Find the sample document you need on personnel records management in the HR Directory magazine. Experts have already compiled 2506 templates!

Notice of job reduction without job offer

The listing of a list of vacancies in the notification is not legally required. The Labor Code does not regulate the number of offers to change positions and when such offers should be received by the dismissed person. Part 3 Art. 81 of the Labor Code of the Russian Federation assumes only the fact of an offer. Therefore, the employer may not include vacant positions in the staff reduction letter.

In this case, the notification looks more concise, and the employer will avoid transferring “unnecessary” employees to other departments. At the same time, do not forget that the remaining reduction conditions should not change:

date of notification;
notice period;
date of dismissal;
grounds for dismissal

And on the day of dismissal, in any case, it is necessary to familiarize the employee with such a list. Familiarization must be made against signature to confirm the fact itself. This will protect the interests of the employer in the event of labor disputes.

Notice of staff reduction

A staff reduction differs from a job reduction in that only a few staff positions are cut, rather than the entire position being eliminated. The grounds for dismissal and notice periods do not change.

When choosing a candidate for layoff, you should take into account the priority in remaining employed (Article 179 of the Labor Code of the Russian Federation). The main criterion for leaving is the best qualifications and job performance. The employee’s level must be documented (diplomas, certificates, knowledge tests, etc.).

Under equal conditions, priority is given to:

family (2 or more dependents);
the only worker in the family;
who were injured or became ill while working for this company;
disabled people of the Second World War and battles;
improving skills without interruption from production.

The text of the layoff notice is slightly different from the previous ones; it can also be with or without an offer of vacancies.

New career opportunities

Early dismissal of an employee before the expiration of the notice period

Part 3 of Art. 180 Labor Code of the Russian Federation. The initiative must come from the worker. At the moment when he feels that it is more profitable for him to leave earlier, he submits a corresponding application to the personnel service. It states the request for dismissal before the warning expires and the desired date of departure.

The employer makes redundancy dismissal on the agreed date, thereby saving himself from forced waiting. In this case, the employee must receive all payments due to him:

wages accrued for the current month;
compensation upon dismissal;
compensation for layoffs.

Compensation for layoffs is calculated based on the average salary per day multiplied by the remaining days until the “planned” layoff.

How to give notice of layoffs

Most often, layoff notices are handed to employees personally against signature. However, there are also “cadres” who refuse to sign. They will not be able to avoid dismissal or delay it. If there is a refusal to sign, an act “On refusal to sign” should be issued. Such an act is drawn up in the presence of several witnesses. And notification begins from the moment such an act is signed.

It is also worth duplicating the document by mail. The letter must be sent to the employee by registered mail with a list of the contents and a return receipt. This method can also be chosen for persons on vacation or on sick leave.

When choosing this notification method, it is worth adding to the notification period the standard time for sending a letter by Russian Post or other postal services. Thus, the warning period can be extended by at least a week.

Reduction is the most difficult procedure. To avoid conflict situations, it is important to follow the entire procedure, from beginning to end. This will help not only to part with team members on good terms, but also to avoid questions from supervisory authorities.

A reduction in the number of workers is usually associated with the inability to maintain a certain staff at an enterprise or organization. Management is forced to take measures to reduce budget expenses, since it is impossible to pay all employees in full. In such an unpleasant situation, the employer tries to say goodbye to unskilled or recently signed employees by sending them appropriate written notice of the upcoming dismissal.

It should be noted that the employer does not have the right to fire employees citing the need for layoffs.

He must first offer vacant positions, and only after receiving a refusal to change jobs from each of the employees, the head of the organization or enterprise can initiate the procedure. Another valid reason for terminating an employment contract is the lack of vacancies (Article 81 of the Labor Code).

Also, any employer has the opportunity to revoke what has already been sent, that is, change its decision and leave the employee or employees at the same place of work. This aspect of labor relations is not regulated by labor legislation, but at the same time, the Labor Code does not contain any prohibitions on revoking a notice at the request of the manager.

In what cases is a recall possible?

According to the Labor Code, laid-off employees are notified by the manager exactly two months before the termination of the employment contract.

Specified two month are a period of waiting for final payment, but during this the employee continues to perform all job duties. In fact, he hasn't been fired yet. Therefore, the employer actually has the opportunity to withdraw the notice until the day of dismissal. The only important condition is the withdrawal of the notification, recorded in writing. The employee must familiarize himself with this document in order to put his signature on it.

If the review occurs in writing, the actions of management are considered legal. In this case, the employee, of course, can insist on settlement. However, dismissal will be formalized at the employee’s own request or in writing.

That is, by sending notice of the upcoming layoff, the employer has the right to formalize the dismissal. However, this is not his responsibility.

Such a document can be canceled by revoking it within two months from the date of familiarization with this notification to the employee.

How is the document compiled?

There is no single form or registration form for revoking a notification. Therefore, the document is drawn up in free form at the discretion of the manager. In this document, it is necessary to indicate the reason for sending the previous notification (the number is entered) and the grounds for its withdrawal - another order issued by management.

For example, a sample document might look like this:

“Dear Marina Leonidovna! By letter dated May 12, 2016, you were notified of the upcoming reduction of your position from July 12, 2016 on the basis of Order No. 48 of May 11, 2016 on staff reduction. We inform you that this order was canceled by a new order dated June 1, 2016, and therefore no measures will be taken to reduce your position. General Director Vasilevskaya S.V.”

Documents are prepared similarly for the local employment center and trade union organization. In them, the manager refers to the issued order canceling the previous decision. Below is a list of names of employees who will remain at their previous place of work.

For the employment center, next to each name, the position held, information about the employee’s qualifications and his salary are entered. The document is signed by the head of the enterprise or organization.

A stamp is required.

Dates and features of delivery

Notifications of upcoming layoffs are sent to these organizations two days in advance. months before the termination of the employment contract (82nd article of the Labor Code). If we are talking about mass calculation of employees, the employer notifies the trade union organization and the employment center three months in advance.

Therefore, in order to change his decision and notify the specified organizations, the manager must send a written review of the previous notification within two or three months before the termination of the contract.

There is a certain procedure for serving a document that should be followed to avoid misunderstandings and controversial situations.

The employee who falls under the document is provided with a signature. The employee signs both copies, after which a copy is added to the documents in the employee’s personal file. If for any reason a refusal was received from the employee, it is necessary to draw up a report in front of two witnesses and also enter it into the personal file.

In this case, the employee will not have the right to demand a reduction calculation (with special ones). But if he still decides to leave, he will have to write a statement of his own free will or ask the employer to draw up a document by agreement of the two parties.

The document is also handed over to the trade union organization against signature. The head of the elected body of this organization puts a corresponding mark on the document.

The employment center records information about dismissed workers not only for the purpose of collecting statistical information, but also to ensure social protection of citizens in the event of their losing their job. Unemployed citizens are paid and vacant positions are offered.

Accordingly, if there is a possibility, it is better for the employer to refrain from sending a notice. If a notice has been sent, it is necessary to notify this organization in writing of the cancellation of the decision. The written review is registered by an employee of the employment center in a special accounting book.

It is best to consult with the employees of a specific branch of the employment center about all the nuances of document preparation.

Sometimes companies may need to downsize. This may be due to a decrease in funding, a difficult economic situation at the enterprise, or any other cases when it is not possible to pay employees salaries in full. Most often, unskilled workers or citizens who have recently joined the company are laid off, and this event usually does not affect older employees.

To make staff reductions, employers must adhere to the following procedure:

A reduction order is issued;
Employees are notified of upcoming events offering vacant positions;
The Trade Union and the Employment Center are notified;
Employees are dismissed on the basis provided for in clause 2 of Art. 81 Labor Code of the Russian Federation.

If an employer simply wants to fire unwanted employees, attributing it to staff reductions, but indicates a different reason in the work book, such an action is considered unlawful. The fact is that during a layoff, the process must not be disrupted, and each employee must be offered another position that corresponds to his qualifications and education. They may agree to the options presented, and it will not be possible to say goodbye to them.

If employees were not properly informed about the upcoming layoff and were not offered available vacancies, this is considered a violation of labor laws. In this case, they can challenge their dismissal through the court, which, as a rule, takes their side.

It often happens that employers decide not to carry out staff reductions when the procedure has already been started and notices have been sent out, but they have the opportunity to cancel everything and leave employees at their previous places of work. This point is not regulated in any way by law, but all managers in such a situation have the opportunity to change their decision.

Due to the fact that layoffs are most often a forced measure for employers themselves, this procedure has a number of advantages and disadvantages for the enterprise:

You can stabilize your financial situation;
The manager has the opportunity to get rid of careless employees by offering them the most unprofitable vacancies, which they will definitely refuse;
Compensation upon dismissal due to reduction reduces the tax base, due to which fewer deductions are made from the profit of the enterprise.

One of the main disadvantages of terminating employment contracts due to layoffs is that organizations will still have to make compensation payments to each of the dismissed employees, which will certainly create an additional burden on their budget.

For workers, layoffs also have several positive aspects:

You can receive compensation;
In two months, you have the opportunity to find a suitable place or get a more profitable position offered by the employer;
Women raising children alone, as well as pregnant and minor employees cannot be laid off due to layoffs.

The disadvantages in this case are that citizens do not have the opportunity to avoid dismissal if they previously refused the offered positions, and in any case they will have to wait two months for final payment and receipt of a work book.

How is retrenchment reversed?

By law, all employees must be given two months' notice by mailing notices. It is during this period that employers have the opportunity to cancel their decision by drawing up written documents on which employees who have become familiar with it must sign.

For two months after notification of layoffs, employees continue to perform their job duties, so managers have time to think. If after two months the situation does not change, citizens are dismissed due to staff reduction.

If after some time the employer changes his mind about reducing the number of his employees, he is obliged to notify them in writing about this. It often happens that an employee, after being notified of a layoff, quickly finds another job, and after being recalled, decides to leave for another organization, and then he can be fired either of his own free will or by agreement with the manager.

In general, the procedure for reduction and subsequent cancellation is as follows:

The manager notifies employees in writing and against signature 2 months before the layoff, familiarizes them with the relevant order and offers vacant positions;
Notifications are sent to the employment authority and the Trade Union;
The employer changes its decision and notifies the employees who were supposed to be dismissed in writing, as well as the above-mentioned government authorities.

Cancellation of a layoff order: how to process it?

In order to correctly formalize the cancellation of staff reductions, the employer must issue the appropriate orders: one completed sample is sent to the Employment Center and the Trade Union, and the second is sent to employees who were supposed to be dismissed.

All cancellation orders must state the reasons why the employer changed its decision. This could be an improvement in the economic situation at the enterprise, receiving a promising expensive order, changing the financial forecast, etc.

The above orders can only be created within two months from the date of notification of staff reductions, and they must also contain the following information:

The reasons why it was decided to cancel the reduction;
Details of previously created orders that need to be cancelled;
Instructions to HR department employees about the need to notify the Employment Center and other government agencies about changes in the situation;
If some employees who are being laid off have already resigned of their own free will, it is necessary to redistribute their functions to other employees, indicating this in this order;
Who is given control over compliance with the terms of the order (usually the manager himself).

As for letters of withdrawal of notice of layoffs, which are intended for specific employees, they must indicate the following data:

Business name;
FULL NAME. and the position of the employee to whom the letter is addressed;
Number and date of writing the letter;
Title (“About withdrawal of notification...”);
The reason why the reduction is being cancelled;
Position, full name and the signature of the originator.

How is staff reduction formalized?

If, nevertheless, a decision was made to reduce the number of employees, the procedure must be carried out subject to the following rules:

A commission is created to make a decision on reduction;
A decision is made to dismiss specific employees, a corresponding commission protocol and an order from the manager are issued;
Documents are given to subordinates for review, and vacant positions are offered. Employees with higher qualifications and labor productivity usually enjoy an advantage during transfer;
If the staffing table changes too much due to a reduction, a new one is created;
If new vacancies appear within two months, laid-off employees should be made aware of this;
If employees refuse the proposed positions, they must indicate their disagreement in writing on the vacancy notices;
The Union is being notified. If this body raises its objection, additional consultations are held between the parties, the result of which should be the drawing up of protocols;
When notifying the employment service, the employer indicates the positions, professions and qualifications of the dismissed subordinates;
If the employee agrees to move to another position, the dismissal is carried out in the order of transfer;
After two months, an order is issued to dismiss employees due to staff reduction. Each employee puts his signature on the document.

On the last day of work with dismissed employees, a final payment must be made, which includes not only payment for time worked, but also compensation. If a citizen does not find another job within two months, he can contact his former employer to receive additional payments.

A decrease in the number of employees traditionally has a relationship with the employer’s inability to maintain a full-fledged staff. Sometimes management is forced to take such an extreme measure as cutting salaries. In these situations, employers are faced with the task of saying goodbye to some employees whose efforts are least significant for the company. To do this, a corresponding notification is sent to their address. A document with the same name is also used in case of cancellation of the decision on reduction.

Normative base

The employer does not have the right to dismiss an employee just like that, citing an unstable financial situation. First he undertakes to offer other vacancies at lower paid jobs. And only after this is it permissible to initiate the dismissal procedure, Art. 180 Labor Code of the Russian Federation. Another common factor due to which an employment contract is terminated is the lack of other positions for transfer (Article 81 of the Labor Code of the Russian Federation). If the employer suddenly changes his decision, simply changes his mind about dismissing his employees, or finds a way out of a difficult market situation, his responsibilities include drawing up a notice of a change in circumstances. The norms and procedures for this act are regulated by articles of the Labor Code of the Russian Federation.

The procedure for canceling layoffs at an enterprise

The reduction and its cancellation are carried out in accordance with the generally accepted algorithm. The law understands the reduction procedure as the following phenomena and activities:

changes affecting staffing (reduction in the number of positions);
dismissal of individual specialists within a position while maintaining the division itself at the enterprise (reduction in the number of employees).

The starting point is the employer's decision to reduce the number of workers within the company. Based on this document, certain changes are made to the organization’s staff. Within the framework of the document traditionally contains the following information:

structural units that are subject to exclusion;
timing of work;
features of the formation of a commission whose representatives would be responsible for this procedure.

Then, the priority right to retain specialists is usually determined (regulation - Article 179 of the Labor Code of the Russian Federation). If the preferential right is not assigned to the employee, his dismissal begins. A written proposal is drawn up related to the transfer to another job. Then, if the worker refuses to apply for a vacant position, the employer notifies him of the upcoming procedure in writing (Article 81, paragraph 2, part 1 of the Labor Code of the Russian Federation) at least 2 months before the planned start of the process.

The cancellation of an already announced decision on the future termination of employment relations is supported by certain actions of the employer. They are performed in the following order:

Issuance of an order to cancel measures related to reduction.
Familiarization with the document of the head of the personnel department, trade union organization and chief accountant.
Notifying employees who are subject to the layoff process that the notice served has been cancelled.
Notification of changes to the labor inspectorate and employment center.

The essence of the order is to cancel the order to reduce staff. The law has not yet established a unified form. Registration is carried out in any order in accordance with the general rules - the use of an official form, the presence of the signature of the manager. The document must include the reasons for which the decision was canceled.

Reasons for canceling the reduction

In all these cases, the employer decides to cancel the order and notification, following the specified legislative norms.

Drawing up a review of the notice of reduction

There is no single unified form of the document, so registration occurs freely at the personal discretion of the manager. The document requires an indication of the reason for the revocation of the previous notification. Sample of a new notice line by line may contain the following materials:

application indicating full name;
documentary basis (the document in connection with which the notification of reduction and its cancellation occurred);
date of leaving work;
the immediate notification part and the date from which this decision was made;
CEO's signature and seal.

By analogy, documents are drawn up for the local employment service and trade union. The obligatory task of the manager is to provide a link to the order that cancels the previous decision. Below is a list of the names of employees who will remain at their current workplace. At the end of the document the signature and seal of the manager is affixed.

Time limits for notifying employees about cancellation

Notifications are sent to the relevant organizations 2 months before the expected termination of the contract, as stated in Art. 180 Labor Code of the Russian Federation. If the employer carries out a mass recruitment of specialists, he is assigned an obligation to provide the trade union organization and the employment center with data for 3 months.

The legislation does not specify the timing of notification of changes in circumstances and continuation of work as usual. The team must be informed promptly, within a reasonable time. In practice, this means that it is better to publish the order immediately after its publication.

Who needs to be notified?

The employee and trade union organization, as well as the employment service, are notified. The document is provided to the specialist against signature. If the employee refuses to familiarize himself, a report must be drawn up, and 2 witnesses must be present. Data about this is entered into the employee’s personal file.

The document is also handed over to the trade union against signature. The head of this authority puts a mark on paper indicating agreement with the agreed provisions.

Consequences of canceling the reduction

Sometimes the employer is forced to abandon the previous idea and cancel the decision that was once made. The employer is not required to explain the reasons. Cancellation may occur prior to the employee termination process. In this situation, a procedure begins that is completely the opposite of that described earlier.

Relatively speaking, losses may be suffered by those employees who have already mentally said goodbye to their current employer and found a replacement for him:

from the date of familiarization with the order to cancel the layoff, employees retain the right only to dismissal at their own request, since the employer has abandoned his initiative;
the employer has the right to demand work off under Art. 80 Labor Code of the Russian Federation;
the employee loses the right to payment of benefits provided for in Art. 178 Labor Code of the Russian Federation.

Is it necessary to return to their places those who have been transferred to other positions?

If an employee in a new position does not express any demands or claims to the employer, i.e. he is satisfied with everything, returning to his previous position is not necessary.

Theoretically, those who were transferred to new places before the publication of the order to cancel the reduction do not have to be returned back. But in practice, in court it will be difficult to prove that the employer did not know about the upcoming positive changes on the day of the transfer. As a result, dismissal under clause 2 of Art. 81 of the Labor Code of the Russian Federation or a transfer may be regarded by the court as a fictitious forced reduction in the number of employees.

Therefore, if an employee wishes to return to his previous place of performance of duties, and is sure that he 100% meets the declared qualification level, it is better to return to his previous workplace with the accompanying preparation of the necessary documents.

Can those who quit before the expiration of the notice period in accordance with Art. 180 TK?

These aspects are regulated by Art. 180 Labor Code of the Russian Federation. It says that the employer has an obligation to offer the employee a different position (Article 81 of the Labor Code of the Russian Federation). The employer must notify the employer 2 months in advance that dismissal due to layoffs is imminent. Based on a preliminary agreement, the employer has the right to terminate the relationship before the expiration of the notice period.

If all procedures have already been completed, money has been paid and personnel documents have been issued, then the situation is considered irreversible. The return of a specialist is all the more impossible because his unit has already been removed from the staffing table.

The employer's refusal can only be appealed in court. And only if there is reason to believe that the procedure was carried out on fictitious grounds and in connection with a biased attitude towards the employee.

What an employee will lose if, due to the cancellation of the layoff, he decides to resign on his own initiative, is described below.

Staff reduction is a forced measure that the manager resorts to to improve the economic condition of the company. There are situations when the circumstances that forced the director to begin dismissal change, and therefore there is no need to eliminate some positions. The law allows the employer to cancel the dismissal, while the director must notify employees of the cancellation of the reduction in staff.

General provisions

It is established at the legislative level that the director of an enterprise can carry out a reduction procedure, but it must be justified. For example, if one of the employees decides to file an application with the court, the director of the organization will have to provide documents that will prove the need for layoffs. In the absence of evidence, the employer may be held accountable, followed by a fine. However, the need to fire employees may no longer be necessary due to a change in the general situation or the disappearance of the reason why the employer began the reduction, for example, a sharp increase in the organization’s income. in this case, the law allows you to cancel the procedure for terminating labor relations with employees.

It is important to know! A reduction can be canceled for various reasons, including if errors are discovered in previously published documents. At the same time, the law does not oblige the employer to explain why the cancellation is being carried out.

After receiving notice from the director, the employee who was to be dismissed may continue to carry out his work activities after the cancellation. If a citizen does not want to further cooperate with this employer, then he can be dismissed on his own initiative or according to an agreement signed between the parties. At the same time, insist on dismissal under clause 2 of Art. 81 employees do not have the right, since this reason has lost its relevance.

Cancellation Procedures

To cancel a dismissal, the employer must perform the following sequence of actions:

issue a cancellation order;
familiarize employees of the HR department, accountant and trade union organization with the order;
send employees who were to be laid off a notice to cancel the layoff;
send a notification to the employment service, labor inspectorate and other regulatory authorities, to which a notification about the upcoming layoff was previously sent.

It is worth considering that part 3 art. 180 Labor Code of Russia allows the employer to dismiss the employee early with his consent. When canceling a reduction, if an agreement was concluded between the parties on early termination of cooperation, but the employee has not yet been fired, then this document is considered invalid, which obliges the citizen to continue fulfilling his official obligations or write a letter of resignation of his own free will. If the employee has already been dismissed early with the payment of all required benefits, then the employer will not be able to return him or demand a refund, since at the time of dismissal this basis was valid.

The return of an employee after early termination has already been completed can be carried out in the standard procedure for resuming employment relationships, that is, the employee must be hired again without taking into account the previous layoff. This measure is optional, that is, the employer himself decides to return the employee or not.

Thus, current legislation allows the employer to cancel the reduction at any time before the termination of the employment relationship with the last employee who was to be dismissed.

Sample notification

When canceling a reduction, the manager must notify his employees, whose employment contract was to be terminated. A special notice is drawn up for this purpose. This document does not have a unified template, which allows the director to draw it up in any form. The exception is situations when the organization has developed a special form that is mandatory for use. The notification must contain the following information:

about the exact name of the organization;
the full name of the employee to whom the notification is sent;
about the fact of cancellation of the reduction. The manager can start this point by addressing the employee. Here it is necessary to stop the reference to the corresponding order;
on the continuation of cooperation on the same terms, that is, the recognition of the previously sent notice as invalid, and the need for the employee to continue fulfilling his job obligations;
about the impossibility of terminating cooperation due to layoffs. In this situation, the employer must explain to the employee that the employment contract can be terminated by agreement or at the employee’s personal initiative.

At the end of the document, the date of its preparation must be indicated, as well as the signature of the manager with a transcript. This notice must be given to the employee for signature with a copy of the cancellation order attached. If a citizen refuses to sign, then a corresponding act is drawn up. Each party must retain a signed copy of the notice and order.

Important! There is no standard form of notification for both reduction and cancellation. In fact, the document must be correctly formatted and contain the relevant mandatory information.

Sample notification:

Notifications are sent and drawn up immediately after the issuance of an order to cancel the previous one on reduction.

When a retrenchment is cancelled, all retrenched employees receive a special notice that contains all the necessary information to cancel the previous notice. After receiving the notice and signature, the employee cannot be laid off. The sample document does not have a special form, but must be drawn up in accordance with all regulations.