Dismissal due to staff reduction 2021: payments and compensations

An order to reduce the number of employees is a document that is drawn up in cases where an organization plans to dismiss one or more employees with the exclusion of their position from the staffing table. The reason for such actions by management can be a variety of reasons: from the reorganization of the enterprise and production necessity, to the lack of financial ability to support “extra mouths.”

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What is dismissal due to reduction

A reduction in the number or staff of an organization’s employees is one of the grounds on which an employer can terminate a contract on its own initiative (Clause 2 of Article 81 of the Labor Code of the Russian Federation).
It is worth distinguishing that in the first case, the company reduces the number of employees in one position (for example, instead of 8 lawyers there are 4 left), and in the second, certain categories of positions are completely excluded from the staffing table. Contrary to popular belief, the employer can make such a decision at any time without any justification or explanation to employees, the trade union or third parties, which is confirmed in the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2. Which is quite logical, since the issue of staff reduction concerns organization of activities within the enterprise and depends on the success of business.
It is also not mandatory for company management to obtain the consent of a citizen or trade union. However, notifying the employee and obtaining the opinion of the trade union are one of the conditions for maintaining the legality of the dismissal procedure for staff reduction. In addition, payment of all compensation required by law is required.

Stage 7. Prepare a certificate of earnings

By the day of dismissal due to layoff, according to the Labor Code, the employer must prepare a certificate of the employee’s earnings. It contains information about income for the 2 previous calendar years. The form of the certificate was approved by order of the Ministry of Labor “On approval of the form...” dated April 30, 2013 No. 182n.

The employee will need this document at his new place of work if he takes sick leave or goes on maternity leave. Based on the salary information, the new employer will calculate the amount of benefits to which the employee has the right to receive, despite the dismissal.

The employee does not need to write an application for a certificate. Preparation of the document is the responsibility of the employer (clause 2 of Appendix No. 2 to Order No. 182n).

Dismissal procedure: list of actions

Since the legislator seeks to protect the interests of workers as much as possible, the reduction procedure is quite strictly regulated. A certain algorithm must be followed:

Issuance by the manager of an order to reduce staff and approval of a new staffing table or changes to be made to it.
Notification of the employment service and trade union.
Determining the circle of persons who have the right of priority to remain at work.
Delivery of layoff notices to staff against signature.
Offering laid-off employees free vacancies, that is, other jobs.
Requesting the union's opinion on the dismissal of an employee who is a member of it.
Termination of the employment contract.
On the day of dismissal due to staff reduction, a settlement is made with the employee, and a work book is issued with a note of dismissal due to staff reduction on the basis of clause 2 of Art. 81 Labor Code of the Russian Federation.

Stage 1. Prepare an order

The order is an internal document on the basis of which the staff reduction procedure is carried out. The legislator does not establish requirements for the structure and content of this document, so the employer can prepare it independently, based on the general requirements for document flow in the organization. The order states:

name of the employing organization;
document's name;
date of preparation of the document and its number;
the reason for the reduction;
list of positions being eliminated;
list of persons responsible for implementing the reduction procedure.

The order is signed by the head of the organization.

Step-by-step instruction

Step 1. Before issuing an order to reduce staff or number of employees, it is necessary to make such a decision in accordance with the procedure established in the organization. It is necessary to identify positions that are subject to reduction, make sure that the list of those being dismissed does not include citizens who cannot be dismissed on this basis, and identify persons who are granted benefits by law. It is necessary to take into account that employees with higher qualifications have a preferential right to retain their jobs. When deciding who exactly will be laid off, the presence of dependents, injury at work or occupational illness, and the presence of other breadwinners in the family are taken into account. The order must indicate which staffing units and in what quantity are subject to exclusion from the staffing table, the reason for making such a decision, describe in detail the upcoming reduction procedure, indicating all activities and the timing of their implementation, as well as provide a list of responsible persons at all stages. All responsible persons are familiarized with the order and signed.

Step 2. All notifications to interested parties are sent on time in the approved or recommended form. It is imperative that all notices be dated so that there is evidence that deadlines have been met. It is possible to dismiss employees before two months only with their written consent with the payment of additional compensation for average earnings according to the remaining time of work, according to the notice.

Step 3. Before issuing a notice, you need to offer another job. Moreover, the legislation does not indicate that the proposed workplace must correspond to the previous one or the qualifications of the specialist. If you are being made redundant, you can also offer a low-paying job, lower in position, this is allowed. Of course, all notifications and refusals of offered work, which the employee also does not have to explain, are documented in writing. It is a mistake to think that in any case you can limit yourself to one sentence. If new vacancies suitable for health reasons appear within a two-month period, the employer is obliged to offer them to the dismissed employee.

Step 4. The notification to the employment service must indicate the positions, professions and specialties of the dismissed workers. In addition, you need to notify the employment service about their level of qualifications and the conditions of payment for each employee. The employment service must be notified of mass layoffs three months in advance. The employment service is obliged to inform the prosecutor's office about all enterprises that have not sent a notice of staff reduction.

Step 5. Based on the general order, a specific order is issued for each employee with whom he gets acquainted with signature. The contract is terminated after the expiration of a two-month period (the period is counted from the next day after receipt of the notification) and after changes are made to the staffing table. Moreover, there should be no similar vacant positions left in the staffing table, otherwise the legality of the employer’s decision may be challenged. The order is issued in a unified form, the work book is drawn up in accordance with the Labor Code of the Russian Federation.

Step 6. Payment of compensation.

Stage 2. Determine which employee has layoff privileges

Retrenchment of an employee under the Labor Code involves some nuances that must be taken into account. According to Art. 179 of the Labor Code of the Russian Federation, there are categories of workers who have a preferential right to remain at work. First of all, these include persons with the greatest qualifications and labor productivity. With equal professional characteristics, employees have a greater chance of retaining their jobs:

who are dependent on two or more family members who cannot work themselves (for example, are disabled);
who are the only worker in the family;
who have experienced health problems while working for this employer;
those who became disabled during the Second World War and other military operations to defend the Fatherland;
aimed at on-the-job training.

The collective agreement may define additional categories of workers who have a preferential right to remain at work.

Who should not be fired

To avoid negative consequences and fines, the employer must remember which employees, due to their special situation, cannot be laid off, in accordance with Article 261 of the Labor Code of the Russian Federation:

pregnant women;
workers with children under three years of age;
single mothers with a disabled child who has not reached the age of majority;
single mother with a child under 14 years old;
other persons who raise such children without a mother.

Also, an employer cannot unilaterally dismiss an employee who is on sick leave or on vacation (Article 81 of the Labor Code of the Russian Federation).

Stage 8. Prepare a certificate for the employee with information previously sent to the Pension Fund of Russia

In accordance with paragraph 4 of Art. 11 of the Law “On Individual...” dated 04/01/1996 No. 27-FZ, the employer is obliged to transfer to the employee all the information previously sent by him to the Pension Fund.

The form of the document that the employer must prepare is not defined by law, so the data can be presented in any form. You can also use existing forms for submitting data to the Pension Fund, for example SZV-M or RSV-1.

The document is certified by the signature of the manager and the seal of the enterprise. The employee must sign for receipt of documents either in a special journal, if it is kept by the employer, or on a second copy of the documents received. This is mandatory because, if necessary, the employer must confirm the fact of transfer of documents to the employee.

Features of dismissal of pensioners, pre-retirees, part-time workers and other categories of workers

Pensioners are dismissed due to staff reduction in the same manner, with the same compensation being paid. The only controversial issue remains the payment of the third benefit, since a pensioner cannot register with the employment service and receive benefits, since he receives a pension. However, if there are circumstances worthy of attention, employment centers provide pensioners with the certificates necessary to receive the third benefit.

Rostrud recommended that employers separately consider the issue of providing pre-retirees with a preferential right to retain their jobs in case of staff reduction. This is logical, because if there is a suspicion of dismissal due to reaching the appropriate age, the administration may be held criminally liable.

The part-time worker is paid the average monthly salary for the second and third months only if he provides evidence in the form of an entry in the work book about dismissal from the main place of work before dismissal from the part-time job.

A seasonal employee is notified 7 days in advance of a planned dismissal, and is paid compensation in the amount of two weeks' average earnings. No other compensation is provided for them.

Northerners, or residents of the Far North, can qualify for average earnings for 4-6 months of unsuccessful employment if they provide the appropriate documents from the employment service, provided that they are registered within 30 days from the date of dismissal. The third allowance is issued even in the absence of registration.

How long is a dismissal order kept?

This administrative document is one of the personnel documents for which, according to archival documentation, a storage period of 75 years is established. In order for the document to retain its original appearance for such a long period, it is necessary to provide suitable storage conditions. A special place is allocated, protected from unauthorized persons, moisture, fire and other harmful influences.

As a rule, the storage location is chosen in the form of fireproof safes that are securely locked. Access to documentation is granted only to the person responsible for the safety of documentation at the enterprise.

Calculation example

Ivanov I.I. worked as a manager for two years and was dismissed due to staff reduction on 01/01/2018. On January 10, he contacted the employment center and was registered, but could not find a job until 04/01/2018, that is, until that moment he retained his unemployed status. Ivanov I.I.’s work schedule was standard with a 5-day work week. Initial data: for 2021 Ivanov I.I. he worked 247 days, 28 calendar days and 19 working days he was on vacation: from 08/01/2017 to 08/28/2017. The salary of Ivanova I.I. was unchanged for the entire 2021 and amounted to 30,000 per month.

Formula for calculating severance pay by Ivanova I. upon dismissal due to staff reduction:

actual shifts worked: 247 - 19 = 228;
average salary per day: 331,428.57 / 228 =1453.63;
amount for January: 1453.63 × 17 = 24,711.71;
February amount: 26,165.34;
amount for March: 31,979.86.

Ivanov would be entitled to benefits for the first month, that is, payment of compensation for January, even if he was employed. But benefits for February and March, if you start a new job during these months, would be calculated in proportion to the days of unemployment.

Employee notification

The employee must be notified in writing of the proposed reduction in number (staff) at least two months in advance.
And also offer any other job, even if it is less qualified and paid less. Otherwise, a dispute may arise about the legality of the dismissal. EXAMPLE.
DOCUMENTARY CONFIRMATION OF THE LEGALITY OF DISMISSION Citizen K. worked as an accountant at the Istra branch of Mosavtodor. By order of the head of the branch, he was dismissed from his position due to staff reduction. Considering the dismissal illegal, K. appealed to the court with a demand to reinstate him at work and pay compensation for the period of forced absence. However, the court did not satisfy his demands. During the trial, it was established that K. was warned in writing about his dismissal within the deadlines established by law; he was offered all available vacancies, which he refused. And K. could not occupy the vacant positions of driver, machine operator, watchman and worker due to the lack of necessary qualifications and state of health (determination of the Presidium of the Moscow Regional Court dated April 29, 2004 No. 376).

A redundant employee should not be offered positions to temporarily absent employees, for example, those on maternity leave. These positions are not vacant (appeal ruling of the Saratov Regional Court dated August 27, 2015 in case No. 33-5139/2015).

Additional guarantees

In addition, current legislation establishes another guarantee for employees - preservation of wages during the period of employment. According to Article 178 of the Labor Code of the Russian Federation, a dismissed employee retains his average monthly earnings for a period not exceeding two months. In exceptional cases, a salary can be issued for the third month of unsuccessful job search (if the citizen registered with the employment service within two weeks from the date of dismissal), but the employee must provide confirmation from the employment service that he applied to this body and was not employed.

Longer terms for maintaining the average wage are established for those who work in the Far North and equivalent territories. For such categories of workers, the paid period of employment can be up to six months after layoff (Article 318 of the Labor Code of the Russian Federation).

Stage 10. Prepare a note-calculation

On the day of dismissal, the employer draws up a calculation note in form T-61, approved. by order of the Russian Federation No. 1. The document consists of 19 columns and two sheets.

The calculation note includes information about unused vacation days (or, conversely, vacation days used in advance). Based on this data on the back of the note, the accountant calculates the amount of the employee’s wages due for payment (taking into account compensation for unused vacation, various deductions, for example, for special clothing issued to the employee, etc.).

The document is signed by the HR employee and the accountant. If there are no such positions in the organization, the calculation note is signed by the head of the organization.

Retirement

Russian legislation also has such a concept as early retirement. According to Art. 32 Federal Law “On Employment...” dated April 19, 1991, persons have the right to apply for early retirement if the following conditions are met:

at least 20 years of experience for women and 25 for men;
age is 2 years less than the established retirement age;
lack of employment opportunities for another job. This circumstance must be confirmed at the employment center.

When such persons are laid off, they have the right to retire early, but only with their consent. After employment or retirement, payments stop.

General procedure for making reductions

In general terms, the reduction looks like this:

Decision-making

Any action must always have appropriate documentary support. The decision to lay off must be formalized in the form of an order or instruction from the employer. If this order was not signed by the person whose authority includes making decisions on the hiring and dismissal of subordinates, then the reduction may be considered illegal.

If the regulations or charter of the organization indicate that the director (head of the Main Department, manager) hires and fires, then only he should sign the order starting the reduction procedure. Making such a decision by a deputy will be illegal and may be challenged in court. If the position is currently vacant or the boss is on long-term vacation or sick leave, you should first assign duties to one of the deputies (indicating in the basis, for example, “Due to official necessity”), and only then sign the reduction order.

Union warning

Article 82 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) provides that in the event of a reduction, the employer is obliged to notify the trade union in writing.

The timing depends on the number of employees who may be laid off:

3 months – in case of mass dismissal;
2 months – in all other cases.

In practice, the question often arises of what a mass layoff of workers is. The answer to this must be sought in the by-laws, namely in the Regulations on the organization of work to promote employment in conditions of mass layoffs, approved on 02/05/1993. the concept of mass production depends on the initial limit number of the enterprise and the timing during which the reduction is planned.

So, for example, a reduction of 50 people in a plant with a staff of several hundred or thousand employees within one month will be considered massive. The reduction of the same 50 people within six months will no longer be considered massive. In sparsely populated regions, these numbers become different. It is also worth taking into account the industry agreement, if one has been approved, and if there is one, be guided by this regulatory act.

It should be noted that the code requires specifically to warn the union, and not to obtain its consent.

What should you pay attention to?

As a rule, the head of the primary trade union organization is one of the employees. Usually he knows about impending layoffs even before a written warning. But even in this case, the written warning of this employee as the head of the trade union cannot be ignored. To do this, it is worth writing a letter on behalf of the employer to the head of the trade union, informing about the upcoming changes, the timing and the number of workers who may be laid off.

Making changes to the staffing table

The next step should be the issuance of an order to amend the staffing table. This order should be registered as an order for the main activity. It must describe the reasons why staff reductions occur (if such a reason was the adoption of a regulatory legal act, this should also be mentioned), and also indicate which positions are subject to reduction.

Considering that employees, according to Art. 180 of the Labor Code of the Russian Federation should be warned at least two months in advance, then it is advisable to make such an order approximately 2.5 months before layoffs.

Find out about the presence of “protected categories”

The employer must remember that it does not have the right to dismiss certain categories of employees under any circumstances. According to the Labor Code of the Russian Federation, the concept of a protected category includes:

employees who are on sick leave until it is closed (Article 81);
employees on vacation (Article 81). The type of leave is not specified by law, which means you should keep in mind all the types provided for by law;
employees who are on parental leave (maternity leave) (Article 256). Remember that not only mothers, but also fathers, grandmothers, grandfathers, guardians and other relatives can be on maternity leave;
pregnant women, regardless of the stage of pregnancy (Article 261). There may be a catch here. An employee may not talk about her pregnancy until the last minute, but literally the day before or even on the day of dismissal, bring a certificate from a gynecologist. Even if the certificate indicates a period of one week, the employer does not have the right to dismiss such an employee;
single mothers who are raising a disabled child or a child under 14 years of age, women with children under 3 years of age, persons raising a child who is left without a mother (Article 261);
participant in the resolution of a collective dispute until its end (Article 405);
workers who are members of trade union organizations and who are not released from their main work without the consent of a higher trade union body (Article 374).

The employer cannot dismiss these categories of employees in accordance with clause 2, part 1, article 81 of the Labor Code of the Russian Federation, even if the employee agrees to dismissal due to reduction. By including these people in the list of “protected categories,” the legislator aimed to protect the interests of these employees, but in practice, the ban on dismissal turns out to be a disservice to the employees themselves. If all other employees can count on receiving severance pay, then in order for these people to quit, they need to write a resignation letter themselves. Accordingly, they are deprived of the right to severance pay and preferential conditions for registration with employment centers.

At the moment, this legal conflict has not been resolved. The presence of a direct ban on dismissal means that these employees cannot be candidates for dismissal in principle.

Preferential right to remain at work

In addition to the “protected category,” there is a list of employees who have a preferential right to remain at work. Their list is regulated by Art. 179 Labor Code of the Russian Federation.

When laying off jobs, preference should be given to those who have higher labor productivity or higher qualifications. In the first case, it is necessary to consider the certification results of all employees, and also take into account the individual performance of each employee. For example, it makes sense to leave the employee who has a lower percentage of defects.

At the moment, there are no exact criteria by which labor productivity should be determined, and therefore the main factor is the subjective opinion of the employer. To avoid conflict situations and accusations of bias, it makes sense to create a commission at the enterprise that will make a collective decision on the level of productivity of each employee.

In the second case, the legislator meant that if it is necessary to lay off one of two employees occupying the same positions but having different qualifications, then the employee with lower qualifications must be dismissed. For example, there are two accountants working in a department. One has a university degree and the other attended college. An employee with a higher education must be retained at work.

If both the qualifications and productivity of workers are the same, then preference should be given to:

to those who have at least two disabled family members for whom the employee’s income is the main means of subsistence;
an employee whose family no longer has independent income, for example, an employee who has a disabled mother with whom he lives;
employees who received an occupational disease or injury at this enterprise;
disabled combatants received while defending the Motherland;
employees who, without interruption from work, improve their qualifications in the direction of the employer.

The sequence of mentioning the grounds for the preferential right to remain at work in Art. 179 of the Labor Code of the Russian Federation does not play any role and does not have any legal significance.

Warn the employment service about future layoffs

Some employers ignore this stage, arguing that if this is not specified in the Labor Code of the Russian Federation, then it is not necessary to warn the employment service. But such a rule is contained in Art. 25 of the Law of the Russian Federation “On Employment of the Population in the Russian Federation”, and therefore it cannot be ignored.

The notice period depends on how many employees are planned to be fired:

3 months in advance - in case of mass dismissal;
2 months in advance - in other cases.

The calculation of mass numbers is carried out in the same way as in the case of a trade union warning.

The warning must be in writing. It must contain information about the profession, position held, specialty, qualifications, and wages of each employee subject to layoffs.

Most regions have their own form of the form, so it is better to clarify this issue with an employment service employee.

Information should be given not about the changes themselves, but about the possible dismissal of employees. Even if the employee agreed to the proposed position or does not plan to register with the employment center, information about him must be present in the report.

Failure to comply with this procedure may result in the employee’s reinstatement and payment of a penalty for the period of forced absence. There have already been judicial precedents, so it is better to spend a little time and submit this report.

Warn employees

According to Art. 180 of the Labor Code of the Russian Federation, the employer is obliged to notify the employee about the layoff in writing against signature and offer the remaining vacancies. Please note that the law requires that the warning be in writing and issued to each employee individually. The approved sample notice of staff reduction, the main thing is to keep it in writing and address the warning to each employee individually.

In practice, the employee sometimes refuses to read the warning. In this case, it is necessary to draw up an act stating that the warning was read out loud to the employee, and sign this document along with the witnesses.

You can also send a warning by mail with notification of receipt and an inventory of the attachment. You should definitely keep the receipt in order to have confirmation that the employee actually received a warning.

Since the law stipulates “at least two months,” an employee can be notified 2.5 or 3 months in advance. The main thing is to comply with the minimum time frame.

In the warning itself, in order to avoid disputes, it is advisable to indicate the exact date of reduction.

The warning period is not extended by the time of sick leave, so “getting sick” immediately after receiving the relevant document is pointless.

As a rule, the text of the warning already contains information about the proposed positions. In this case, the employer has the right to offer:

positions corresponding to the employee’s qualifications. For example, an economist may well be offered the position of auditor. In this case, the amount of payment can be either lower or higher;
positions suitable for the employee due to health reasons. A visually impaired person should not be offered a position that involves working with a large number of small parts, since this is probably prohibited by medical documentation;
work in the same area. In some cases, the employer can circumvent this provision of the law. For example, an enterprise is a single legal entity, but has many territorial divisions in its structure. If the collective agreement or other documentation states exactly where the workplace is located for each position, then the employer may well offer a place of work located in another region, without formally violating anything.

During the period remaining before the employee's dismissal, the owner must inform the employee about all vacancies that become available. It is better to do this in writing in order to have appropriate confirmation.

Sample notice of staff reduction or headcount reduction

If, when drawing up the notification, there were no vacant positions in the organization, this fact should be reflected.

LLC "Avtozapchasti" To the salesperson-cashier Ivanova I.I. Notification of upcoming layoffs 02/01/2015

Dear Irina Ivanovna!

In connection with the organizational and staffing changes being made at Avtozapchasti LLC, a decision was made to reduce the staff (order No. 602 of January 29, 2015), we inform you that the full-time position of salesperson-cashier you are replacing is being reduced.

In accordance with the requirements of Part 3 of Article 81 of the Labor Code of the Russian Federation, we inform you about vacant positions as of 02/01/2015:

Cashier with a salary of 20,000 rubles.
Purchasing department specialist with a salary of 25,000 rubles.

If the above positions are not suitable for you, after 2 months from the date you receive this notice, the employment contract may be terminated due to staff reduction (clause 2, part 1, article 81 of the Labor Code of the Russian Federation). You have the right to terminate the employment contract before the expiration of two months from the date of receipt of this notice. Upon dismissal in accordance with paragraph 2 of Article 81 of the Labor Code of the Russian Federation, you will be provided with guarantees and compensation provided for by labor legislation.

General Director _______________ Petrov P.P. ______________ Ivanova I.I. has read the notification.

Issue an order

A dismissal order is an important act, without which it is impossible to lay off an employee. This issue should be taken with full responsibility, since it is this issue that is often subsequently challenged by dismissed employees in court.

The order must indicate not only the basis and date of dismissal, but also the number of vacation days subject to compensation. According to Art. 127 of the Labor Code of the Russian Federation, an employee can write a statement and first take a vacation. In this case, the day of dismissal will be the last day of vacation.

As a rule, the order is issued in form T-8 or T-8A, although the law does not prohibit deviations from the standard form if all necessary details are met.

Make an entry in your personal card, work book, make a payment

After signing the order, it is necessary to make a corresponding entry in the employee’s personal card and work book. The entry must duplicate the text of the order, and there must be a link to the relevant article of the Labor Code of the Russian Federation.

When filling out an entry in the work book, one of the reasons for reducing the number of employees, or in connection with a reduction in the number of employees, must be indicated.

The entry in the employment record may look like this: “dismissed due to a reduction in the organization’s workforce, paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation.”

The employee, against signature, reads the order, the entry in the personal card, the work book, and also signs in the work record book, confirming that the book was issued to him. After this, the company makes the final payment.

According to Art. 178 of the Labor Code of the Russian Federation, the employer is obliged to pay severance pay in the amount of the average monthly salary. The collective agreement may provide for higher amounts of payment upon dismissal due to staff reduction.

To whom compensation is not paid?

In Article 349.3 of the Labor Code of the Russian Federation, the legislator established a restriction on the provision of severance pay for managers, their deputies, chief accountants, as well as members of executive bodies:

state corporations;
organizations in whose authorized capital the share of participation of the Russian Federation is more than 50% of state extra-budgetary funds;
state and municipal institutions.

However, if the payment of compensation is provided for in an employment or collective agreement, then it is still paid, but in a limited amount - no more than three average monthly salaries.

Inform employees about layoffs

This must be reported to the employee personally and signed by at least Labor Code of the Russian Federation Article 180 at least two months before the date of layoff. For those employed in seasonal work, this period is 7 Labor Code of the Russian Federation Article 296 days, for those employed for less than two months - 3 Labor Code of the Russian Federation Article 292 days. However, the employment contract can be terminated earlier - with the written consent of the employee. But you will have to pay him additional compensation in the amount of average earnings.

If an employee refuses to sign the notice, you need to notify him of the layoff in the presence of two witnesses and draw up a report about it.

By law, you are obliged by the Labor Code of the Russian Federation Article 180 to offer the person under layoff vacant positions that may suit him. This can be done either in a notification or in separate documents. If he agrees, he is not fired, but transferred to another place.

Responsibility for violation of payments

For violation by the employer of labor legislation and failure to pay statutory deductions on time, Part 6 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation provides for the following fines:

for officials - from 10,000 to 20,000 rubles;
for persons carrying out entrepreneurial activities without forming a legal entity - from 1000 to 5000 rubles;
for legal entities - from 30,000 to 50,000 rubles.

Order to reduce staff

Order to dismiss an employee

Standard forms T-8 and T-8a

Enterprise managers have to lay off workers for various reasons. It is important to carry out the procedure correctly. To dismiss employees due to a reduction in numbers or staff, an order is issued on a unified form T-8 or T-8a.

Form T-8 is filled out if the employment relationship with one employee is terminated; it provides the following information:

name of the company indicating its legal form;
OKPO code;
order number and date of issue;
details of the employment contract previously concluded with the employee;
Full name of the subordinate, his personnel number and position;
the date from which the employee must be dismissed;
the structural unit in which the subordinate works;
reason and grounds for dismissal;
position, surname and initials of the head of the company;
employer's signature;
date of familiarization of the employee with the order.

An order in form T-8a is drawn up if relations with a group of employees are terminated. It contains the same information as the order issued on form T-8. The only difference is that information about employees is entered into a special table. It is easier to understand what the T-8 and T-8a forms are by looking at an illustrative example.

Forms for dismissal orders can be downloaded here: Form T-8 and Form T-8a.

Forms T-8 and T-8a were approved by Resolution of the State Statistics Committee of Russia No. 1 of January 5, 2004. Each form is used in a specific case.