Who can't be laid off during a staff reduction? Preferential right to remain at work in the event of layoffs Preferential right to remain in the event of layoffs
The dismissal of employees due to a reduction in numbers or staff (clause 2, part 1, article 81 of the Labor Code of the Russian Federation) is the initiative of the employer. However, in some cases and with certain categories of employees, termination of an employment contract at the initiative of the employer is not allowed.
So, according to Part 6 of Art. 81 of the Labor Code of the Russian Federation, it is impossible to dismiss an employee at the initiative of the employer:
During the period of his temporary incapacity for work (regardless of the reason for which the certificate of incapacity for work was issued: illness, child care, other reasons);
While on vacation (regardless of the type of vacation).
In addition, according to Part 4 of Art. 261 of the Labor Code of the Russian Federation, the employer does not have the right to terminate the employment contract due to a reduction in the number and staff of employees:
With a pregnant woman;
A woman with children under three years of age;
A single mother with a child under 14 years of age (disabled child under 18 years of age);
A person raising a child under 14 years of age (a disabled child under 18 years of age) without a mother;
A parent (other legal representative of the child) who is the sole breadwinner of a disabled child under 18 years of age;
A parent is the sole breadwinner of a child under three years of age;
A parent raising three or more young children, if the other parent (other legal representative) is not in an employment relationship.
These prohibitions do not apply to cases of liquidation of an organization, liquidation of a separate structural unit, when dismissal is carried out according to the rules of liquidation of an organization, or termination of activities by an individual entrepreneur.
WHICH EMPLOYEE SHOULD BE KEEPED AT WORK?
In what cases is it necessary to take into account the employee’s preferential right to remain at work? How to determine which employee has an advantage?
The preferential right to retain an employee at work is taken into account when it comes to reducing the number of employees, as well as when deciding which of the employees will be offered vacancies first when reducing staff.
According to Art. 179 of the Labor Code of the Russian Federation, the preferential right to remain at work is granted to employees with higher labor productivity and qualifications.
It is not possible to determine labor productivity in all cases. For example, in most cases it is extremely difficult to determine the productivity of a lawyer, accountant, etc.
In this case, the preemptive right is determined by comparing the level of qualifications of workers. To do this, you can form a commission, which includes employees of personnel and legal services, heads of structural divisions. The commission's decision is formalized in a protocol, which reflects recommendations (proposals) for the employer to retain at work certain employees who enjoy preferential rights (with detailed arguments for the decision).
According to Art. 179 of the Labor Code of the Russian Federation, with equal labor productivity and qualifications, preference in remaining at work is given to:
For family workers - if there are two or more dependents. Dependents are understood as disabled family members who are fully supported by the employee or receive assistance from him, which is their permanent and main source of livelihood;
Persons in whose family there are no other self-employed workers;
Employees who received a work injury or occupational disease while working for this employer;
Disabled people of the Great Patriotic War;
Disabled combatants in defense of the Fatherland;
Employees who improve their skills in the direction of the employer without interrupting their work.
In addition, in accordance with paragraph 6 of Art. 10, paragraph 5 art. 23 of Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel” (as amended on July 1, 2017), the following have the priority right to remain at work in the event of a reduction in the number or staff of employees:
Spouses of military personnel working in government agencies and military units;
Citizens and members of their families, if this is the first place of work after leaving military service;
Single mothers of military personnel undergoing conscription military service (Clause 5, Article 23 of this Federal Law).
Also, the priority right to remain at work in the event of a reduction in the number and staff, regardless of the time of work at a given enterprise, institution, or organization, is enjoyed by:
Citizens exposed to radiation as a result of the Chernobyl disaster (those who received or suffered radiation sickness and other diseases associated with radiation exposure, disabled people as a result of the Chernobyl disaster and other categories), as well as members of families who lost their breadwinner from among the citizens who died as a result of this disaster (p 7 Part 1, Part 2 Article 14 of the Federal Law of May 15, 1991 No. 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl Nuclear Power Plant,” as amended on December 28, 2016);
Citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site (Clause 10, Article 2 of the Federal Law of January 10, 2002 No. 2-FZ “On social guarantees for citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site”, as amended on 19.12 .2016);
Officials and citizens admitted to state secrets on a permanent basis (Article 21 of the Law of the Russian Federation of July 21, 1993 No. 5485-1 “On State Secrets,” as amended on March 8, 2015);
Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory (clause 1 of Article 8 of the Law of the Russian Federation of January 15, 1993 No. 4301-1 “On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory”, as amended by 07/01/2017);
Inventors (clause 5 of article 35 of the USSR Law of May 31, 1991 No. 2213-1 “On inventions in the USSR”).
Collective bargaining agreements may provide for other categories of workers who enjoy a preferential right to remain at work with equal labor productivity and qualifications.
Only after a clear definition of the list of employees with whom the employment contract may be terminated due to a reduction in numbers or staff, the employer can begin the procedure for notifying employees.
WHAT PAYMENTS ARE THE EMPLOYEES ALLOWED WHEN REDUCTION?
What payments are due to an employee upon dismissal due to a reduction in staff or number of employees?
The final payment upon dismissal due to a reduction in the number or staff of employees has some features: on the day of dismissal, the employee is paid wages for the current period, compensation for unused vacation and, additionally, severance pay in the amount of average earnings.
Also, for two months after dismissal, the employee retains his average earnings.
If an employee is registered with an employment agency within two weeks and is not employed by them, then by decision of this employment agency, the employee may be paid the average salary for the third month (in the regions of the Far North and equivalent areas - up to six months).
You can pay the average salary after dismissal on paydays.
When an employment contract with an employee engaged in seasonal work is terminated due to a reduction in the number or staff of the organization's employees, severance pay is paid in the amount of two weeks' average earnings.
Severance pay is not paid to employees whose employment contract was concluded for a period of up to two months.
An employment contract can be terminated before the stated date of dismissal, but this requires the written consent of the employee. In this case, the employer pays the employee additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the dismissal period.
It should be borne in mind that employees may abuse their right to a particular benefit. For example, do not report its presence until the termination of the employment contract. So, an employee can secretly open a sick leave shortly before dismissal, or an employee can announce her pregnancy after dismissal. In this case, workers go to court demanding that they be reinstated at work, pay for days of forced absence, pay compensation for moral damage, etc.
To minimize the occurrence of such risks, you can send a written request to employees about the availability of any benefits. The request must indicate the entire list of employees who have priority to remain at work, as well as categories of employees with whom the employment contract cannot be terminated on this basis.
Judicial practice in relation to pregnant workers is developing in such a way that they are increasingly reinstated at work, even if at the time of termination of the employment contract the employee herself did not know about her pregnancy.
I work in the international air transportation and customs clearance department. Out of 10 managers, I was hired as the very first (i.e. I work the longest). I have a specialized education (customs). I know 2 foreign languages. A third of managers do not know a foreign language at all and have no education.
Lawyer's answer:
Termination of an employment contract with ladies who have children under the age of 3 years, single mothers raising a child under the age of 14 years (a disabled child under 18 years old), other persons raising designated children without a mother, on the initiative of the employer is not allowed (except for dismissal on the grounds provided for in paragraph 1 (liquidation of an organization or termination of activities by a personal businessman), 5 - 8, 10 or 11 of part one of Article 81 or paragraph 2 of Article 336 of the Labor Code of the Russian Federation).
Termination of an employment contract with ladies who have children under the age of 3 years, single mothers raising a child under the age of 14 years (a disabled child under 18 years old), other persons raising designated children without a mother, on the initiative of the employer is not allowed (except for dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of part one of Article 81 or paragraph 2 of Article 336 of the Labor Code of the Russian Federation). (Article 261 of the Labor Code of the Russian Federation).
Hello!
Which of us has an advantage when downsizing?
I work as a primary school teacher. Work experience 10 years. Second qualification category. I have two dependent children. One child is 1 year 7 months old. I'm still studying at the institute. I'm in my fourth year. There are two years left to study. I have a highly qualified teacher working with me. Work experience more than 15 years. She is on a superannuation pension. She has no one dependent on her. Which of us has an advantage when downsizing?
Lawyer's answer:
Article 179. Preferential right to remain at work in the event of a reduction in the number or staff of employees
When reducing staff, whose advantage is an intern with minors
children or an employee with 9 years of experience as a VN/SL captain??
When reducing staff, whose advantage is an intern with minors
Lawyer's answer:
In accordance with Article 179 of the Labor Code of the Russian Federation, preference is given, first, to an employee with higher productivity and qualifications. For civil servants, in this case, the rules of the Labor Code of the Russian Federation are used.
Lydia In accordance with the labor code, in case of layoffs, those with higher productivity and higher qualifications have a priority right to remain at work. Qualification depends on the level of education, experience and awards in work. The title of captain and 4 years of work experience are proof of this. You certainly have more rights to this position than an intern. The fact that you wrote this question on this website suggests that you only learned about the reduction not so long ago. Although the employer was required to notify you in writing and against signature more than two months before the layoff. But if I'm not mistaken, you were not notified, which is also a violation of your rights. You can protect your right by contacting the municipal labor inspectorate for the Republic of Ingushetia or by filing a petition in court. You can write to my email address: pcpi-nbri@yandex.
Can a 48-year-old employee with two higher educations have an advantage over a 67-year-old employee when downsizing?
Can a 48-year-old employee with two higher educations have an advantage over a 67-year-old employee with a higher education when downsizing?
Lawyers answer the question: - advantage when downsizing
The employer will determine these advantages and resolve the issue of dismissal.
Who has the advantage when downsizing?
One position is being reduced, but two people are trying to take advantage of the reduction. Who has the advantage of being laid off and receiving payment accordingly? Both were warned 2 months in advance.
Lawyer's answer:
Hello, Oleg! In accordance with Art. 179 of the Labor Code of the Russian Federation, when reducing the number or staff of employees, the priority right to remain at work is given to employees with higher labor productivity and qualifications.
Advantage over others when downsizing
Hello! In 2000, I was injured at work, and I still work there. I'm getting regression. I am 50 years old, retired on preferential terms (hot shop, metallurgical production). Staff reductions are planned. Do I have an advantage over others to stay in my job?
Lawyer's answer:
When carrying out measures to reduce the number or staff of an organization’s employees, the employer must offer the employee another available job (vacant position) in accordance with part three of Article 81 of the real Code.
Benefits when downsizing
Good afternoon I work at a sports school as a methodologist. Besides me, there is one more methodologist and two deputy directors on the staff. We may have a reduction in the near future. I would like to know who might be laid off. One methodologist has a total work experience of 11 years, but in our school 3 years, the highest category. The second methodologist has a total work experience of 8 years and has been at this school for all 8 years, first category, and also has a three-year-old child, and is raising it alone. Which methodologists can be laid off and on what basis?
Lawyer's answer:
When the number or staff of employees is reduced, priority right to remain at work is given to employees with higher labor productivity and qualifications. With equal labor productivity and qualifications, preference in remaining at work is given to: family - in the presence of two or more dependents (disabled family members who are fully supported by the employee or receive assistance from him, which is their constant and main source of livelihood ); persons in whose family there are no other independent workers; employees who received a work injury or occupational disease while working for this employer; disabled people of the Great Russian War and disabled people fighting in defense of the Fatherland; employees who improve their qualifications in the direction of the employer without interruption from work.
Sometimes downsizing is inevitable. But even in this case, the employer does not have the right to lay off some employees. Who, when and why has special rights and “privileges” during staff reductions?
Some employees have special “privileges” when staffing or staffing is reduced. Simply put, the employer does not have the right to fire them due to staff reduction. True, the workers themselves often do not even suspect that they have any special rights. Therefore, before you get upset about the upcoming layoff, you must first make sure that you really do not have any benefits, and the employer has the right to lay you off.
Of course, each case is individual, and sometimes it is more profitable to “downsize”, look for a new job and at the same time receive financial compensation from the previous employer. But situations are different, and knowing your rights is, in any case, useful.
So, which employees are considered “irreducible” under Russian law? All of them are listed in the Labor Code.
Staff reduction: “non-redundant” employees
By the way, not only individual positions, but also entire divisions, divisions, and departments may be subject to staff reductions. The employer has every right to do this. But, in any case, when laying off workers, the rights of workers must be respected, and those who cannot be laid off must remain in the company. If it is planned to reduce an entire division, then “non-redundant” employees should be transferred to other departments of the organization.
The employer does not have the right to dismiss the following categories of employees due to staff reduction:
Employees who are temporarily disabled - Part 6 of Article 81 of the Labor Code of the Russian Federation (medical certificates will be required to confirm disability);
Employees who are guaranteed job security during their absence. For example, this includes women on maternity leave (Part 4 of Article 256 of the Labor Code of the Russian Federation), as well as other employees on leave (this includes a variety of types of leave: educational leave, main leave, additional leave, leave without pay) ;
Pregnant women (the exception is the case when the entire enterprise is completely liquidated) - on the basis of Article 261 of the Labor Code of the Russian Federation;
Women raising children under three years of age; single mothers raising a child under 14 years of age or a disabled child under 18 years of age, and other persons (this includes guardians, foster parents, etc.) who are raising such children without a mother (an exception to this rule is, again same, liquidation of an enterprise or the commission of guilty actions by these persons) - on the basis of Article 261 of the Labor Code of the Russian Federation;
Members of trade unions (their rights are described in paragraphs 2, 3 and 5 of Article 81 of the Labor Code of the Russian Federation);
Employee representatives who conduct collective bargaining;
Participants in the resolution of collective disputes.
If an employee belongs to any of these categories and was nevertheless dismissed due to redundancy, restoration through the court occurs easily, one might say, almost “automatically”.
Staff reduction: workers with “privileges”
In addition to workers who cannot be laid off, there are also workers who have advantages over their colleagues. First of all, this applies to a situation where an employer is forced to lay off one of two identical positions. For example, out of two accountants working with the “bank, cash desk” section, only one should remain. Who to choose for redundancy? It would seem that the choice depends entirely on the employer. But it is not so.
The Labor Code prescribes to the employer who he should “sacrifice” last. This information is contained in Article 179 of the Labor Code of the Russian Federation. If there are two identical positions, then employees with higher labor productivity and higher qualifications should be retained in the company.
What if the productivity and qualifications of employees are equal? In this case, the employer must take other factors into account. Of the two employees, one of whom is subject to dismissal, the right to remain in the organization has:
Employees who have a family with two or more dependents;
Employees in whose family there are no other self-employed workers;
Employees who received a work injury or occupational disease while working for this employer;
Employees who improve their skills at the direction of the employer without interruption from work;
Disabled combatants in defense of the Fatherland.
So, the Labor Code does not assume that “in the face of layoffs” all workers are equal. There are employees who should not be laid off, as well as those who should be laid off only as a last resort. If you fall into one of these categories, you should remember your rights.
Editorial “Work&Salary”
When implementing measures to reduce the number of employees, the head of the organization must remember that highly qualified subordinates have a preferential right to remain in their position in the enterprise. This rule is enshrined in Art. 179 Labor Code of the Russian Federation. If all employees of an enterprise have the same qualifications, then jobs should be reserved for family citizens with several dependents, as well as for those who were injured during their professional activities in the organization, war invalids and persons undergoing training in the direction of leader without interruption from service.
What is important to know
Many citizens who fall under redundancy are wondering whether they will be able to remain at work in their position if they have high qualifications, certain knowledge, experience and positive characteristics. Here we can say for sure that the head of the organization cannot fire such subordinates. Because the norm of Art. 179 of the Labor Code of the Russian Federation indicates that highly qualified employees have a preferential right to remain at the enterprise in their workplace.
If the manager cannot independently determine the categories of subordinates who should be dismissed due to reduction, then he needs to consult with the organization’s lawyer and take into account the opinion of the trade union.
It is also necessary to remember that in the absence of employees with the highest labor productivity at the enterprise, preference should be given to family citizens who have several dependents to support, as well as to persons injured during the performance of official duties, and disabled people from the Second World War. This rule is enshrined in Art. 179 Labor Code of the Russian Federation.
With the same performance
Taking into account the norms of Art. 179 of the Labor Code of the Russian Federation, the reduction should bypass the following categories of employees:
- family people who support two or more dependents (i.e. disabled citizens for whom the breadwinner’s earnings are considered the main income);
- subordinates who received serious injuries at work while performing official duties at this company;
- family persons, if no one else in his family has a source of income (even able-bodied relatives of the latter);
- disabled people of the Second World War and participants in military operations to defend the state;
- persons who carry out advanced training in the direction of their superiors without interrupting their work.
It is important.
How to determine
Art. 179 of the Labor Code of the Russian Federation in the new edition indicates that employees who have very high or even better labor productivity and qualifications have a priority right to remain in their position in the event of a reduction in staff. But how can you identify the people who need to be retained in an organization?
Here you need to carefully review the personal file of the employee who is supposedly being laid off. If he has work experience, a good education, quickly fulfills the duties assigned to him and does not violate labor discipline in the organization, then, accordingly, it will not be possible to fire him. Otherwise, the latter will be reinstated at work through the courts.
Necessary actions
The administration of the organization, together with the trade union, needs to carefully review the personal files of all subordinates who are supposedly being laid off. Moreover, if all employees have the same level of education and the same work experience in their specialty, then preference should be given to families with children, war veterans and those who were injured in the line of duty at a given enterprise, because this is the rule stated in Part 2 of Art. 179 Labor Code of the Russian Federation.
Other categories
The collective agreement of the organization may also include other citizens who have preferential rights to remain in the organization. These include:
- people of pre-retirement age, when there is very little time left before they retire;
- minor citizens;
- subordinates who have been working at the enterprise for many years (15 or more);
- specialists just starting their career (in the first three years of work);
- employees raising a child under 16 years of age without the participation of a second parent.
A comment
Those employees who have very good labor productivity and high qualifications have an advantage when making redundancies. This is stated in Art. 179 Labor Code of the Russian Federation. It is impossible not to agree with her comments. Because it is these two criteria that allow the employer to decide on the choice of those employees who will not be dismissed on this basis.
If several subordinates are laid off, one of whom has extensive work experience and a high level of qualifications, then preference for remaining in the position will be given to him and not to other citizens.
In the event that all employees have the same knowledge and equal productivity, the enterprise needs to reserve places for family people, war invalids, as well as those people who received injuries during the performance of their official duties.
Typical mistakes of a manager
For some reason, most employers believe that by laying off employees they can get rid of subordinates they don’t like. Although this is not at all true. The latter can be reinstated in their positions through the courts.
In addition, employees with good labor productivity and a sufficiently high level of education have an advantage over other subordinates who are being laid off. This rule is fixed in Part 1 of Art. 179 Labor Code of the Russian Federation. And even if these citizens do not arouse the sympathy of the boss, they still cannot be laid off without a proper assessment of their professional qualities. Moreover, they must be under the protection of the trade union committee.
Carrying out the procedure
The employee must be warned in advance about the upcoming layoff. The law provides for a certain period of time for this, which cannot be less than two months. The person receives a corresponding notification, the second copy of which remains in his personal file at the enterprise. In addition, the head of the organization must remember that highly qualified employees have an advantage over other subordinates, and all those subject to layoffs must be offered available vacancies that exist in the company. These rules are enshrined in Art. 179, 180 Labor Code of the Russian Federation.
When a subordinate refuses the offered vacancy and wants to leave the position being reduced early, the manager is obliged to pay him all the money due on the last day of his official activity.
Additional guarantees
In the event that all subordinates at an enterprise have the same productivity and level of education, then preference for remaining in the workplace during staff reduction is given to: family citizens with two or more dependents, war invalids, persons injured while performing official duties in this organization - this is written about in the article. 179. Art. 261 of the Labor Code of the Russian Federation complements the category of people who cannot be fired in connection with the implementation of these events. Thus, the reduction should not affect the following citizens:
- representatives of the fair sex who support children under three years of age;
- single mothers raising disabled children under 18 years of age or minors (if under 14 years old);
- a person who is considered the sole breadwinner if he has more than three children in his family, one of whom is under three years old, and his wife is not employed and does not have a source of livelihood;
- a person who himself supports a disabled child (until the latter reaches adulthood).
Practice
The citizen was warned about the upcoming reduction two months before the implementation of these measures. At the same time, the head of the organization did not offer him available vacancies. After the expiration of the period of time specified in the notice, the employee was dismissed from the organization with the payment of benefits.
The citizen considered that the contract with him was terminated unfairly, because he has a very good education, work experience and copes with his responsibilities much faster than other subordinates who remained at their jobs. The man went to court.
When all the circumstances were clarified at the meeting, it was established that the dismissed employee not only had good education and productivity, but also he had never been held accountable for violating discipline at the enterprise. While other subordinates remaining in the organization are constantly late and do not fulfill the work plan. In this regard, the court concluded that the person was fired illegally. Therefore, the man was reinstated in his position.
Judicial practice under Art. 179 of the Labor Code of the Russian Federation most often shows that enterprise managers, when dismissing employees due to staff reduction, do not evaluate their professional skills, knowledge and abilities, and this is a significant violation of the law. Therefore, the majority of highly qualified citizens are restored to work.
Who cannot be laid off when reducing staff, and who should be retained at work as a matter of priority - this is discussed in our article. Let's consider the lists of preferential categories, the terms and procedure for applying the norms in practice.
You can’t fire someone due to layoffs or you have a preferential right to stay: what’s the difference?
Who cannot be fired due to staff reduction? Many people know that there is a preferential category of those who cannot be laid off when reducing staff under any circumstances. These are, for example, pregnant women (Article 261 of the Labor Code). The unit occupied by such an employee cannot be excluded. We will not recommend dismissing a pregnant woman “at her own request” during staff reductions, because The dismissal of an employee under duress by the employer can be challenged in court.
Differences between them:
- The advantage is determined only when the number is reduced, and a complete ban applies to any type of reduction. Read more about the types and some design features in the article on the website “Order to reduce the number and staff - sample”.
- The advantage does not apply in all cases. For example, if all the employees occupying the positions being reduced are family members, they will be laid off by reduction, using different criteria.
- Immunity from dismissal means the obligation to maintain a position (unit) on the staff; the presence of employees with preferential rights does not oblige the employer to change plans to reduce numbers or staff.
Let's take a closer look at the deadlines, the procedure for determining the preferential right to remain at work and applying the ban on layoffs.
When and how the dismissal ban and redundancy benefits apply
The above norms of the Labor Code of the Russian Federation are applied when preparing an order to amend the staffing table (to reduce staff and/or number) in the following way:
- Positions that cannot be reduced due to their occupation by preferential categories of workers are determined (Article 261 of the Labor Code of the Russian Federation). These include:
- pregnant woman;
- mother of a child under 3 years of age;
- single parent of a disabled child or a child under 14 years of age;
- the sole breadwinner of a disabled child under 18 years of age or a child under 3 years of age in a family with 3 or more young children, if the other parent does not work.
- When reducing the number of employees, i.e. reducing the number of staff units for one position, a procedure for determining the preferential right to remain at work is planned (if a position is excluded, this is not necessary, see the appeal ruling of the Supreme Court of the KBR dated April 26, 2017 in case No. 33 -487/2017). As a rule, a commission is formed for this purpose. The composition of the commission can be approved by the same or a separate order.
IMPORTANT! The creation of a commission to determine the preemptive right of the Labor Code of the Russian Federation is not provided for. The determination can be made by the head of the organization or the official designated by him alone. The inclusion of a trade union representative in the commission is also not provided. However, the opinion of the trade union must be taken into account when dismissing its members on the basis of Art. 82 Labor Code of the Russian Federation.
Let's consider the procedure for determining the benefits of downsizing.
The procedure for determining the preemptive right
According to Art. 179 of the Labor Code of the Russian Federation, employees with higher labor productivity (in terms of quantity and quality of results) and qualifications have a preferential right to remain at work. Both parameters are determined on the basis of accounting documents and certification results (you can learn about the procedure for preparing and conducting it and recording the results from the articles in the “Certification” section), an independent assessment of qualifications (Article 196 of the Labor Code of the Russian Federation) or educational documents. Longer work experience is not a similar circumstance (see the appeal ruling of the Bryansk Regional Court dated December 19, 2017 in case No. 33-4999/2017).
If the indicators are equal, the following have an advantage:
- family worker with 2 or more dependents;
- sole breadwinner;
- an employee who received a work injury or occupational disease while working for this employer;
- disabled during military operations to defend the country;
- an employee who improves his qualifications in the direction of the employer without interruption from work;
- a representative of another category provided for by federal laws (for example, Article 21 of the Law of the Russian Federation “On State Secrets” dated July 21, 1993 No. 5485-I) or a collective agreement (you can learn about this document from the material “Collective agreement - mandatory or not?”).
The results of determining preferential rights are documented in a protocol of the commission or a decision (order) of the head or an official authorized by him.
Thus, it is impossible to reduce staff positions occupied by employees who have complete immunity against dismissal - pregnant women, etc. (Article 261 of the Labor Code of the Russian Federation). When reducing the number of employees, more qualified and productive employees should be retained at work, and if the corresponding indicators are equal, socially significant categories provided for in Art. 179 of the Labor Code of the Russian Federation (family with 2 children, etc.).
