In the context of economic instability, automation of processes and reduced demand for certain services, the issue of staff outsoursing reduction is becoming increasingly relevant. Even large organizations are forced to look for ways to reduce costs, and staff reduction remains one of these methods. The article examines the main reasons, procedure, legal aspects and recommendations for employers.
Reducing staff is a difficult and often forced step. The employer must have reasonable grounds to initiate dismissal due to a reduction in the number or staff of employees.
Economic factors
One of the key reasons is a decrease in income. When an organization loses profit, there is a need to optimize costs. Reducing the wage fund allows you to maintain financial stability. This is especially important during periods of crisis, inflation and sanctions pressure.
Organizational changes
Reorganization of the company structure, automation of production and management processes can lead to the fact that previous positions become redundant. Dismissal of employees due to the loss of relevance of their functions is formalized according to the rules established by the Labor Code of the Russian Federation (LC RF).
Seasonality and changes in demand
In some areas of activity - agriculture, tourism, construction - the demand for products or services depends on the time of year. In the off-season, organizations are forced to temporarily reduce personnel or reduce staff, notifying employees according to the established procedure.
Examples of typical situations
Closing branches in the regions due to falling sales.
Implementation of CRM systems and automation of document flow, after which it becomes possible to reduce the positions of office managers.
Reduction in the volume of orders for production.
Transition to outsourcing of secondary functions (cleaning, security, accounting).
It is important to understand why the path of reduction was chosen, and how this will affect the work of the remaining staff. A competent step-by-step approach, compliance with the law and consideration of the interests of the employee will help minimize legal and reputational risks for the organization.
The process of staff reduction requires strict compliance with the legislation of the Russian Federation, especially the provisions of the Labor Code. Each stage must be documented, and the rights of employees must be protected. Errors in registration and violation of the procedure can lead to litigation and additional costs for the employer.
Stage 1. Analysis of the need for reduction
Before reducing positions, the employer must conduct a comprehensive assessment of the current state of the organization. It is important to analyze financial indicators, personnel structure and development prospects.
An analysis of the reasons is carried out: economic downturn, reduction in work volumes, introduction of new technologies, etc.
Specific departments and positions are determined, the number of which is subject to reduction.
A justification for the reduction as a basis for dismissal is formed.
In this case, it is necessary to take into account the connection between the reduction and the efficiency of the company, and also consider alternative measures (transfer, combination, etc.).
Stage 2. Preparation of documentation
The employer is obliged to document all actions. Preparation includes:
Order on reduction of the number of employees or staff;
Justification of the need for changes;
Notifications to employees (at least 2 months before the dismissal date);
Notifications to the trade union and employment service (within the timeframes established by law);
The reduction schedule and the list of positions subject to reduction.
All documents are drawn up in accordance with the norms of the Labor Code of the Russian Federation and local regulations of the organization. The employer must ensure the legal purity of the procedure.
Stage 3. Informing employees
The employee must be notified in writing no later than 2 months before the dismissal date. This rule is mandatory and is regulated by Art. 180 of the Labor Code of the Russian Federation.
Employees are also entitled to:
The possibility of transfer to another vacant position;
Familiarization with the order;
Consultations with HR specialists or trade union representatives.
It is important to conduct the process in a transparent and correct manner - this reduces the risk of conflicts and increases trust in the employer.
Stage 4. Completion of the process
At the final stage, the dismissal is processed and the employee is paid:
Compensation is paid: for unused vacation, severance pay, average earnings for 2 months (or longer when registered at the employment center);
Dismissal orders are issued;
Reports are generated for the Pension Fund, Federal Tax Service and other regulatory authorities.
It is important to comply with the deadlines and instructions for processing all grounds, especially in connection with frequent inspections by the labor inspectorate.
Reduction of staff is a strictly regulated process. Violations may result in the employee being reinstated by a court decision and compensation payments. Below is a step-by-step algorithm:
Preparation of analytics: financial report, assessment of the personnel structure.
Approval of grounds for reduction.
Notification of the trade union 2 months before dismissal (if any).
Notification of the employment center 2 months in advance (in case of mass dismissal - 3 months in advance).
Notification of employees with a personal signature.
Offer of all available vacancies.
Issuance of an order for dismissal.
Payments: severance pay, retention of average earnings for the period of employment.
Documentation and reporting to the authorities.
It should be remembered: according to the Labor Code of the Russian Federation, the following have an advantage in remaining at work:
Employees with higher qualifications and productivity;
Single parents, disabled people, families with many children, etc.
Failure to meet deadlines or unreasonable selection of positions may be recognized by the court as a violation of rights.
Legal registration is the cornerstone of the layoff procedure. The main regulatory document is the Labor Code of the Russian Federation.
• Art. 178 of the Labor Code of the Russian Federation: compensation for dismissal due to layoffs (severance pay and average earnings for 2 months, in exceptional cases - up to 3).
• Art. 180 of the Labor Code of the Russian Federation: notification of the employee 2 months before the date of dismissal.
• Art. 81 of the Labor Code of the Russian Federation: grounds for dismissal at the initiative of the employer.
The employer is obliged to comply with all the rules, including the availability of an evidence base, correct wording and compliance with deadlines. Otherwise - fines, labor inspectorate orders, lawsuits and reinstatement to the position
Any layoff affects the corporate climate. To reduce stress and maintain motivation of the remaining employees, it is recommended to:
• Explain the reasons for the layoff openly and honestly;
• Maintain a dialogue with the team, answer questions;
• Provide support to the dismissed employees: consultations, recommendations, assistance in finding employment;
• Use alternatives: transfer to another position, temporary employment, part-time work.
Such measures will help maintain the reputation of the organization and the working spirit of the team.
Staff reduction is a complex and sensitive procedure that affects the interests of all participants in the process. A competent approach to dismissing employees, compliance with all provisions of the Labor Code of the Russian Federation and respectful attitude towards personnel allow you to minimize negative consequences. It is recommended to conduct personnel planning in advance, consult with lawyers and organize the process strictly according to the instructions. This not only protects the employer from risks, but also demonstrates respect for those who worked for the benefit of the company.
