There are categories of workers who are prohibited from being fired due to a reduction in staff or numbers organizations.
These categories of workers include:
• pregnant women;
• women with children under 3;
• lonely parents or single guardians with children under 14 or disabled children under 18;
• sole breadwinners of disabled children under 18;
• sole breadwinners of children under 3 years old in large families;
• employees under the age of 18 – they cannot be fired without the consent of the labor inspectorate and the commission on juvenile affairs;
• employees who are on sick leave or on vacation on the day of dismissal (exception – if the employee planned to quit of his own free will).
As stated in Rostrud, when reducing the number or staff of the organization’s employees, the employer is obliged to offer the employee both another vacant position or job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job, a position in this organization that corresponds to the skills and abilities of the employee.
Can an employee refuse a job offer?
The employee has the right to refuse the offer of work. But the refusal must be certified by the employer in writing (a mark is made in the notice of refusal of another job or an act is drawn up on the employee’s refusal to offer another job).
If the employer does not have another job or the employee refuses the proposed work, after the expiration of the warning period, the employee is dismissed with the payment of severance pay:
• in the amount of average monthly earnings – to employees working for the employer – organization;
• in the amount of two weeks’ wages – for seasonal workers;
• in the amount specified in the employment contract – to employees working for the employer – an individual entrepreneur.
If the employee agreed to another job in the company, then he cannot be fired for reduction.
Is dismissal allowed in the event of liquidation of the company?
The liquidation of an organization is the basis for dismissal (part 1 of article 81 of the Labor Code of the Russian Federation). And in this case, even the dismissal of pregnant employees and employees who are on sick leave or on vacation is allowed.
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