If you came to the conclusion, that the amount of workers on your enterprise in a real period exceeds the necessities of enterprise, and that you would be able to cut down expenses by laying off a staff, you will have to run into the necessity of dissolution of contracts and discharge of employees.

The question of stopping of labour relations on initiative of administration is regulated the Article 33 п. of a 1 labour Code Russian Federation (KZoT). In particular, a labour agreement, celled for indefinite term, or labour agreement, with the certain term of action can be annulled to expiration of term of action of agreement an employer (further on text by "Company") in the case of liquidation and reorganization of enterprise.

 

Preliminary before laying off a staff, guidance of Company must make decision about reduction the states, and after it to publish the proper order with pointing of scales of reductions. This order must be widespread among the workers of Company. Concrete procedure of decision-making by guidance is regulated the regulation document of Company.

In accordance with the Article 40 KZoT Company in time not later, than two month prior to laying off a staff, be under an obligation to take to taking of local organ of service of labour and employment information about the forthcoming freeing of every concrete worker with pointing his profession, speciality, qualification and size of payment of labour.

A company must advise district Committee of labour and employment about the expected reduction of the state, filling a form.

In accordance with the Article 402 KZoT Company must advise the employees about a discharge personally under a receipt no less, what two month prior to the planned date of discharge.

In accordance with the Article 40 KZoT, simultaneously with warning of discharge Company must on possibility offer to the employees other work into Company.

In accordance with the Article 33 KZoT, discharging an employee is shut out in the period of temporal disability (except for a discharge on a point 5 Articles 33).

In accordance with the Article 33 KZoT, discharging an employee is shut out also in the period of stay in annual vacation - except for the cases of complete liquidation of enterprise.

To all organizations it is urgently recommended to have manning tables before and after laying off a staff.

In accordance with the Article 34 KZoT, at laying off a staff a prerogative right on abandonment at work gets the followings categories of workers:

workers with more high yield of labour and qualification on the basis of attestation.

at the equivalent results of attestation, a preference in abandonment at work gives oneself up:

to the domestic employees - at presence of two and more than dependants;

to the workers, in the monogynopaedium of which there are not other workings with independent earnings;

to the workers having the protracted experience of continuous work in Company (in a legislation not determined, which one term is considered protracted);

to the workers, to gettings labour injury or professional disease on this enterprise;

to the workers, to the step-up the qualification without tearing away from a production in higher educational establishments;

to the war invalids and members of monogynopaediums of servicemen and partisan, lost or disappearing without to conduct at defence of the USSR;

to the inventors;

to the wives (to the husbands) of servicemen, citizens, discharged from military service, if this first works on which they acted after a discharge from military service;

to the persons, to gettings or carrying radiation illness and other diseases, related to the radial loading, caused the consequences of catastrophe, and also persons, by an evacuee from the areas of infected by a radiation, and to other persons equated with them;

can be present other categories with a prerogative right, certain the proper documents.