What should be the sample union notice of layoff? Reasoned opinion of the trade union in case of layoffs - sample How to notify the trade union of layoffs sample

If dismissal at the initiative of an employee is procedurally the simplest type of termination of an employment contract, then dismissal due to staff or headcount reduction is one of the most document-intensive and technically complex personnel procedures.

Abbreviation: employer responsibilities

Termination of an employment contract under Part 1, Clause 2, Art. 81 of the Labor Code provides for the employer to comply with a number of mandatory actions, including, no later than two full calendar months (and in case of mass layoffs - three) before the date of termination of the employment contract under this article:

• notification to the employee of the upcoming dismissal, indicating:
  • reasons for release
  • dismissal dates,
  • available vacancies;
• notification of the employment service about the reduction, indicating:
  • volumes of planned release,
  • listing of positions being eliminated,
  • information about the released employee - position held, qualifications, education, salary;
• notification to the trade union committee of the enterprise, indicating:
  • list of positions being eliminated
  • a list of persons subject to dismissal due to staff reduction and information about their length of service at this enterprise, in their position, and the availability of certain documented benefits.

The notification and information about the reduction sent to the regional employment service are filled out in a standardized form (Appendix No. 2, approved by Decree of the Government of the Russian Federation No. 99 of 02/05/1993).

There is no standard form for informing the trade union committee, therefore the employer has the right to develop a sample form for notifying the trade union about a reduction in staff, or draw up a document in any form.

Trade union notification of layoffs: sample document

The ability to independently develop a form for notifying the trade union committee about upcoming measures at the enterprise to reduce staff or the number of employees does not give the employer absolute freedom in the concept of presenting the text of the notification. We must not forget that this is an official document, and therefore must contain:

• availability of installation data of both the enterprise and the trade union committee;
• official language of presentation of the essence;
• the presence of official attributes - signatures, seals, stamps, document registration data.

In order to avoid possible mistakes and correctly document the procedure for dismissing employees, HR specialists, when preparing a package of documents, are recommended to develop a notice of the trade union about the layoff, the sample of which will be optimized for the specifics of the enterprise and the specific reason for the dismissal (downsizing, restructuring, staff reduction) .

It is important!

It should be remembered that the notice of layoff is an official document, and it is in the employer’s interests to be scrupulous in its preparation, since any violation in the wording, terminology, or writing of the data of the laid-off employees can be challenged and will entail the cancellation of the initiated procedure. Considering the deadlines strictly stipulated by labor legislation for carrying out each stage of the planned measures to reduce workers, this possibility may lead to their violation and the need to start the procedure again.

That is why, having drawn up a union notice of staff reduction, the sample document must first be agreed upon with the company’s lawyer, and only after that, having registered it in the Journal of Outgoing Correspondence, the document must be submitted for consideration by the trade union committee.

A correctly drafted preamble to the Notice should be set out as follows:

In accordance with Part 1 of Art. 82 of the Labor Code of the Russian Federation, we hereby notify the Trade Union Committee of Peredovik LLC that on October 29, 2017, due to the need to optimize the wage fund caused by a decrease in production volumes, a decision was made to carry out measures to reduce staff.

The next part of the document is informative. It must contain official data on the procedure. Eg:

Based on the decision made:

1. From December 31, 2017, 2 (two) staff positions will be removed from the staffing table of Peredovik LLC.
2. From December 31, 2017, employment contracts will be terminated under Part 1, Clause 2, Art. 81 of the Labor Code of the Russian Federation with employees occupying reduced positions, about which we simultaneously send information to the employment service in the prescribed manner.

Previously, after sending the Notice of layoff to the trade union committee, agreements followed between the head of the enterprise and the trade union committee. Currently, the Notification is being sent to the Trade Union so that the collegial body can express an opinion on the merits of the issue raised as it relates to each of the employees specified in the Notification.

Legislative norms (Article 373 of the Labor Code of the Russian Federation) allow seven days from the date of delivery of the Notification for the trade union to express its opinion on the reduction procedure. The employer has the right not to take into account an opinion not submitted within the specified period, or received late (as determined by the incoming registration number). In the Notification sent, the employer must indicate:

In accordance with Art. 373 of the Labor Code of the Russian Federation, we ask you to submit a reasoned opinion on the issue of termination of the employment contract with the above-mentioned employees within the prescribed period.

It should be noted that in cases where an employee who is not a member of a trade union is subject to dismissal due to reduction, the employer is spared the need to officially notify the trade union of his dismissal.

Is there a specific template for union notice of layoffs? It is with the execution of such a document that problems most often arise. In order to avoid making mistakes, you need to know the nuances of such a procedure.

Specifics of notifying the trade union about the upcoming layoff

A trade union (trade union or trade union committee), if it exists at an enterprise, is a voluntarily created organization that, along with the manager, influences the optimization of the work process.

If the company plans to reduce the number of employees, the boss must inform the union about the candidates he wants to reduce 2 months before the start of the process.

The procedure is as follows:

1. First of all, an order is issued to dismiss some workers.
2. After this, it is sent with a list of employees subject to layoffs to the trade union. The committee must learn about the upcoming process at least 2 months in advance.
3. Only after the decision of the members of the trade union committee or its inaction is the notification of workers about staff reductions.

A response from the trade union organization should be received within 7 days. If members of the trade union committee were unable to come to a common opinion within a week, the employer has the right to decide to lay off employees independently.

Due to the fact that the period for consideration of a decision by a professional committee may take up to 7 days, some lawyers believe that its representatives should be notified of the upcoming dismissal earlier than 2 months in advance. Because otherwise the rights of workers may be violated, because, according to Article 81 of the Labor Code of the Russian Federation, workers who will be laid off are notified of this no later than 2 months in advance.

If it is planned to lay off a large number of workers, then members of the trade union committee are notified no later than 3 months before the expected date.

Nuance! If they are going to fire a trade union committee member, the employer first asks for a reasoned opinion from the trade union committee and only then issues a layoff order. And if the head of the trade union in a branch of the enterprise is to be fired, the decision is made by the bodies of the higher trade union committee.

Union Alert

There is no specific form in which a notice of dismissal should be written to the trade union. Therefore, the same design is usually used as when notifying the employment center.

Notification of the trade union committee.

If it is necessary to lay off those employees who are members of the organization’s trade union committee, the notification form will be slightly different.

Warning to members of the professional committee.

It is important to provide information about those employees who are going to be laid off and ask the union to confirm the feasibility of the proposed layoffs.

1. The participants of the trade union committee, after the deadline for determining the response has expired, announce the results of the meeting in writing. If they do not agree with the employer’s opinion, a three-day consultation of the committee will be held together with the management of the organization.
2. If after this no consensus is reached, an appropriate protocol is drawn up. After which, within 10 days, if the trade union committee opposes the dismissal of certain employees, the manager makes a final decision.
3. If his answer contradicts the decision of the trade union, its members, like the laid-off worker, have the right to appeal the results to higher authorities, for example, you can file a complaint with the Labor Inspectorate or file a claim with the district court. The appeal period is 10 days from the date of dismissal.

Notifying the union of a layoff is one of the most important steps in the process of dismissing employees. The manager decides whether to take his opinion into account or not. However, if violations of worker rights are noticed, the authorized body, that is, the trade union committee, can come to the employee’s defense.

Do you want to fire properly? Here are the step-by-step instructions. And do not forget that upon dismissal due to staff reduction, the employee is entitled to severance pay.

Step-by-step instructions for layoffs to reduce staff

Step 1. We issue an order on the upcoming staff reduction

The order is issued on the basis of any primary document:

decision of the company owners to optimize staffing levels;

order of a higher organization or parent company, etc.

name and number of staff units that are subject to reduction;

timing and timing of preparation of necessary documents;

persons responsible for organizing and preparing documentation.

The order must be prepared at least 2 months before the planned reduction. If a reduction in staff may result in mass layoffs, then at least 3 months in advance.

As an example of determining the mass dismissal rate, we can take the following figures (clause 1 of the Regulations approved by Resolution of the Council of Ministers of the Russian Federation dated 02/05/1993 No. 99):

50 or more people within 30 calendar days;

200 or more within 60 calendar days;

500 or more within 90 calendar days;

Or dismissal of 1 percent of the total number of personnel within 30 calendar days in regions with a total number of employees of less than 5 thousand people.

Sample order for organizational and staffing activities

Step 2. Notify the trade union and employment authorities

1. Trade union.

If there is a trade union in the organization, it is necessary to send notice of the planned reduction. The notice period is at least 2 months before the planned dismissal. If the reduction could lead to mass layoffs - at least 3 months in advance.

2. Employment Service.

This organization must be notified without fail if employment contracts with employees are terminated due to staff reductions. If only positions in the staffing table are being reduced and no one is leaving, there is no need to send notice. The notice period is the same as for a trade union (for individual entrepreneurs, the notice period is 2 weeks, regardless of the number of people being dismissed).

Sample notification of a trade union organization

Sample notification of employment authorities

Step 3. Determine the circle of persons who have the preferential right to remain at work

If an organization eliminates one of two identical positions, the employer is faced with a choice of which employee to keep. In accordance with Article 179 of the Labor Code of the Russian Federation, employees with higher labor productivity and qualifications have an advantage in remaining at work. Under equal conditions, the following have priority rights:

family employees with 2 or more dependents;

sole breadwinners in the family, regardless of the presence of children;

employees who received an occupational disease or injury while working for this employer;

Chernobyl victims;

employees admitted to state secrets;

military spouses, etc.

The employer can expand this list by including other categories of employees in the collective agreement.

Step 4. We notify employees in writing about the upcoming dismissal.

The employer is obliged to notify each employee being laid off in writing about the upcoming dismissal at least 2 months before his dismissal.

Sample notification

The fact of the warning must be confirmed by the employee’s signature. If the employer does not have written confirmation, the employee will subsequently be reinstated at work.

If the employee is actually absent from work, the employer must send him notice by registered mail with return receipt requested. It must be remembered that employees must be informed of the fact of their dismissal at least 2 months in advance, therefore, when sending a letter, it is necessary to take into account the timing of its delivery.

Step 5. We offer employees other available vacancies in writing.

The employer is obliged to offer all laid-off employees available vacant positions that are not contraindicated for them due to health reasons. At the same time, if during the period of reduction the employer has vacant positions, they must also be offered. If this is not done, the employee will be reinstated at work.

The fact that available vacancies are offered must be recorded in writing.

If the employee refuses the offer, his refusal must also be recorded in writing.

If he refuses to sign, draw up a document; in the future you may need it in court.

Sample notification of available vacancies

Step 6. We obtain the opinion of the trade union on the layoff of an employee who is a member of this trade union.

If there is a trade union at the enterprise, its opinion must be taken into account by the employer in accordance with Article 373 of the Labor Code of the Russian Federation (see Step 2). Ignoring this requirement will result in the employee being a trade union member being reinstated at work.

In total, the trade union has 7 days to develop its position on the issue of the redundant employee. During this time, the employer must receive a reasoned opinion from the trade union, otherwise it may not be taken into account.

If the union agrees with the upcoming cuts, it will write so.

If the trade union disagrees with the employer’s decision to lay off an employee, the employer must hold consultations with the trade union within three days in order to find a compromise solution. These negotiations must be documented in protocol.

In general, the opinion of the trade union is advisory in nature, the final decisions remain with the employer, however, if the opinion of the trade union is ignored, appeals either to the labor inspectorate or directly to the court are possible.

The courts often side with the employee, so it is very important to carry out this stage in strict accordance with the law and within the specified time frame in order to avoid a court decision to reinstate the employee at work due to a procedural error made during organizational and staffing activities.

Step 7. We formalize the termination of the employment contract

An order to dismiss an employee due to staff reduction is issued by.

Clause 2 of Part 1 of Article 81 of the Labor Code of the Russian Federation is indicated as the reason for dismissal.

Who cannot be fired due to staff reduction

The list of employees who cannot be dismissed due to staff reduction is set out in Article 261 of the Labor Code of the Russian Federation:

pregnant women;

women raising children under 3 years of age;

a single parent raising a disabled child under the age of 18 or a child under the age of 14;

the sole breadwinner of a disabled child under the age of 18 or a child under the age of 3 in a family where there are three or more young children.

Payments upon dismissal due to staff reduction

The amount of benefits upon dismissal due to staff reduction is calculated in accordance with the general procedure established by Article 139 of the Labor Code of the Russian Federation. As additional compensation for dismissal due to reduction, there may be a payment that is due to the employee if he or she has written consent to terminate the employment contract before the expiration of the warning period about the upcoming dismissal.

An example of calculating the payment of monetary compensation in 2016 for staff reduction

To calculate the amount of compensation for dismissal due to staff reduction, all types of cash payments provided for in the remuneration system and used in the organization are taken into account.

On the day of dismissal (regardless of the reason for dismissal), the employer is obliged to transfer to the employee all funds due to him, including compensation for unused days of annual paid leave.

The size of this amount in this particular case does not matter, it can be anything, let’s call it X.

The amount of payment X is included in the calculation of the employee’s average monthly earnings, on the basis of which the employee will be accrued compensation in connection with the reduction, let’s call it Y.

Thus, on the last day of his work, the employee receives a cash payment equal to X + Y.

Next month, the employee will receive another payment equal to Y if he is not employed (the employer requires the original work record book to be presented before making the accrual).

Further, if a person, within two weeks from the date of dismissal, registered with the employment agency and was not employed by him, and the employment agency, in turn, decided on the need to accrue a third compensation payment, the employee will receive another payment in the amount of Y.

If the employment relationship was terminated before the expiration of the two-month warning period about the upcoming dismissal at the initiative of the organization, and the person was dismissed with his written consent, the employer compensates him for unworked time with a cash payment in the amount of average earnings (calculation is carried out in accordance with Article 139 of the Labor Code of the Russian Federation). In fact, this makes it possible for a person to start looking for a new job as early as possible, without losing anything financially.

Fine for violation of the dismissal procedure for staff reduction

For failure to comply with the above rules, the employer may be held administratively liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation and fined up to 50 thousand rubles for each illegally dismissed employee.

In case of repeated violation, the fine can be up to 70 thousand rubles for each employee.

In addition, the employer will have to compensate each time an illegally dismissed employee for the earnings he did not receive for the entire period of forced absence.

Plus, legal costs will also be reimbursed by the employer.

It is also important for employers and officials to know the court practice in this regard. One of the interesting cases was examined by the Supreme Court of the Russian Federation. From the case materials it follows that the State Tax Inspectorate received several complaints about violations committed by the employer during staff reductions. On these grounds, 2 unscheduled inspections were carried out, and in connection with the detection of violations, 2 different decisions were made to bring an official of the employer to administrative liability under Part 1 of Art. 5.27 Code of Administrative Offences.

However, the Supreme Court of the Russian Federation, by Resolution No. 41-AD18-21 of October 1, 2019, canceled one of the fines. According to the judges, in this case there were not two different offenses, so prosecution can only be made once. The Resolution also states that the results of several inspections can be combined into one resolution on administrative liability if the same violations are identified, as was the case in this situation.

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This procedure in labor relations always causes a lot of disputes and conflicts. Therefore, it is so important for the employer to know about all the nuances of its correct execution, and for the employee to know about some aspects of the legislation that make it possible to prevent unlawful actions on the part of the employer.

Let’s take a closer look at one of the most important stages of this procedure – notifying an employee of a layoff, and also answer frequently asked questions.

What does the law say?

Normative base

There are two concepts: staff reduction and reduction in the number of employees.

• Staff reduction– exclusion of certain positions from the staffing table.
• Reduction in numbers– reduction in the number of employees in similar positions.

The procedure for reducing staff or its number, payments due to an employee and the conditions under which the employer has the right to reduce him are regulated by the Labor Code of the Russian Federation. The process is described in detail in Art. 180 of Chapter 27 “Guarantees and compensation to employees related to termination of an employment contract.”

Reduction procedure

The employer's algorithm for reducing the number of personnel will look like this:

• Issuance of an order and approval of a new staffing table in connection with a reduction in the number of employees.
• Determination of the contingent of persons who cannot be laid off, as well as classification of employees according to the preferential right to retain their jobs.
• Notification of selected employees.
• Providing them with information on possible vacancies.
• Notification of the trade union committee and the central control center.
• Procedure (order, ).

Who needs to be notified?

Within two months (in some cases three, when it comes to massive staff reductions), the employer is obliged to notify the following parties to the process:

• the employees themselves;
• employment center;
• trade union committee (if available).

Worker

An employee who has been laid off is notified two months before the date of dismissal (before the date the new staffing table comes into force).

The legislation does not establish a unified form for such notification, but it must indicate the date of the proposed dismissal and indicate a list of proposed vacancies, noting their monthly salaries.

As a rule, the employee receives a copy of the original notice, and the employer signs and dates the copy.

After this, the employee has several options for further action:

• continue to work for the remaining two months and consider other proposals for vacant positions, about which the employer is obliged to notify him;
• accept one of the offered vacancies;
• , without waiting for the end of the second month, having received all due compensation;
• take the opportunity to take all your past unused time off.

No matter what the laid-off employee does in the future, the choice always remains his. Therefore, any employer’s actions related to putting pressure on an employee or organizing a transfer to another position without written consent are considered unlawful here.

Trade union

According to Art. 82 of the Labor Code of the Russian Federation, an employer who has decided to reduce personnel undertakes to notify in writing not only the selected employees, but also the committee of the primary trade union organization, if there is one.

The notification period in this case is the same - two months before the date of dismissal, if the reduction does not have signs of massacre. The letter indicates the positions that are expected to be eliminated, and a draft new staffing table is also attached to the letter.

Employees who pay membership fees and are members of a trade union are laid off only in agreement with the primary trade union organization, which provides its reasoned opinion on the possibility of laying off these persons.

In response to the notice, the union sends the employer an extract from the minutes of the meeting, indicating its objections, or lack thereof, to the dismissal of the workers in question.

Employment center (service)

The law provides for notification of another body - the employment service.

This is done to update statistical data and also helps to speed up the employment of a dismissed employee.

Employers of legal entities should notify the Employment Center at least 2 months before the upcoming layoff, and individual entrepreneurs - 2 weeks in advance.

The legislation does not establish a specific form for such a notification, but the main data that must be reflected in it is:

• name list of those being laid off;
• their position (profession, specialty);
• education and work experience;

Notice of staff reduction in 2019

How many months notice is given?

In general, the law requires workers to be notified at least two months before layoffs. This requirement must be strictly observed.

Another deadline, no less than three months in advance, is set for mass layoffs.

The nature of mass participation is determined by agreements by industry or territory.

These criteria have common features:

• complete liquidation of an organization with a staff of 15 people or more;
• reduction from 50 workers per month, from 200 in 2 months and from 500 in 3 months;
• for small settlements (less than 5 thousand working citizens) – 1% of layoffs.

Other deadlines are also provided for seasonal workers - no less than a week in advance; for workers on a fixed-term (up to 2 months) labor contract - no less than three days.

Form of the document

Regulatory acts do not establish in what special form a notice of staff reduction should be drawn up for the employee, for the trade union committee and for the labor center, therefore it can be issued in any form.

There are only a few requirements for this document:

• Business name;
• date of the document with registration number;
• document title (notification);
• content: for an employee – a list of available vacancies; for the trade union committee - a list of positions being eliminated; for CZN – a list of employees indicating positions, qualifications and salaries;
• manager's signature;
• a copy of the notice to the employee contains a note indicating that the employee has read it.

The 2019 model form can be downloaded here:

Compilation example

Employee notice 2 months in advance:

For the trade union:

For TsZN:

How to give?

You can deliver notifications in several ways:

• personally, familiarizing everyone with signature;
• by registered mail with return receipt requested (if the employee is at or refuses to receive the document in person);
• in the presence of witnesses or a commission, reading the notice to the laid-off employee.

It is important to note that temporary disability or vacation is not an obstacle to serving a document.

However, they do not have the right to dismiss an employee during these periods, even if the second month from the date of notification has come to an end. The day of dismissal will be the first day the employee returns from sick leave or vacation.

Validity

The notice of reduction will be valid as long as the reduction procedure takes place, that is, for two months.

The notice will cease to apply if:

• the employee quits early;
• agrees to one of the offered vacancies;
• the employer cancels the staff reduction.

The following situation is also possible: two months have passed, and the employee is still not fired.

In this case, the notification automatically expires. This situation often arises when the employer does not have sufficient funds to pay the employee.

To resume the layoff procedure, the employer must again send notice to employees at least two months before dismissal.

Is it possible for an employer to revoke a notice?

Many employers are asking this question: is it possible to revoke notices that have already been distributed and cancel the upcoming layoff? The law provides for such a situation.

While the two-month period lasts before the new staffing table comes into force, the employer can change its decision at any time and cancel the reduction procedure. The employer does this unilaterally by issuing a new order that cancels orders to reduce staff or makes changes to them.

Sample cancellation document:

FAQ

Can an employee take leave after receiving the document?

The employee who received the notification has the opportunity not only to take vacation, but also to take off all unused vacation for past periods. Moreover, while he is on vacation, he will not be fired, even if the required two-month period expires. in this case it will be the last day of vacation.

The employee still has the opportunity to write an application for compensation for all past vacations if he does not plan to use them before dismissal. On the last working day he will receive all his due payments and compensation.

Can an employee quit after receiving the paper?

Quite possibly. Having received the notification, the employee writes ahead of time at his own request.

This means that he agrees to be fired, but even ahead of schedule. In this case, the employer no longer needs to offer such an employee possible vacancies in exchange for the reduced position.

However, the employee does not lose any payments due upon layoff: he is compensated based on the average monthly income for the entire remaining time before the date of layoff.

How to hand over if an employee is on sick leave?

An employer is not prohibited from serving a notice on an employee who is on sick leave.

If the employee is sick, you can give him the document by registered mail with acknowledgment of delivery. However, until he returns from sick leave, they have no right to fire him, even if the required 2 months have passed.

Are pregnant women notified?

In part 1 of Art. 261 of the Labor Code of the Russian Federation states that an employer cannot, at his own request, lay off a pregnant woman. Therefore, they are not laid off and are not notified.

Moreover, even if the pregnancy became known after receiving the notification, the pregnant woman will retain her workplace.

What to do if the employee refuses to sign?

An employee may refuse to pick up the notice, fail to appear for commission calls, and fail to sign for review of the notice. However, this will not affect the reduction procedure.

The employer can do the following:

• Send the document by registered mail with acknowledgment of delivery. Then the addressee's signature on the postcard is proof of receipt of the layoff notice.
• Invite witnesses and, in their presence, read the document aloud to the employee. Based on this, further draw up an act stating that in the presence of witnesses, the employee heard the notice, but refused to sign for familiarization with it.

How long does it take for an employee to receive payments after the document is served?

There are two options here: either the employee continues to work in the organization for the remaining 2 months, receives a salary, and on the day of dismissal receives all due payments, or resigns early without waiting for the end of the two-month period.

Then he still receives compensation for the time that he did not work until the end of this period.

In any case, the employee will receive all his payments on the day of dismissal.

In such a sensitive issue as staff reduction, which is painful for employees forced to leave their previous jobs, it is important to strictly comply with the letter of the law.

Notification of a trade union about staff reduction is necessary only if there is one in the organization. A trade union is a voluntary association of workers to protect their rights and legitimate interests. The presence of this organization at the enterprise is not necessary. At the same time, the employer does not have the right to prevent its creation at the initiative of employees.

Union Notification Form

Staff reduction is a popular measure to optimize the production process, which many companies resort to. This procedure must be carried out in compliance with labor legislation. It is the employer's responsibility to notify not only the employees, but also the employment center and the trade union organization, in writing 2 months in advance of the upcoming dismissal.

Example document.

The legislation does not contain a special sample notification, so it can be drawn up in any form. The message must contain the following information:

• name of the trade union body;
• date and place of compilation;
• basis for reduction;
• position and full name of the employee;
• dismissal period.

Important! If there is a trade union committee, its notification is mandatory, even if the employee is not a member.

Despite the fact that the law establishes a two-month notice period, it is necessary to notify the trade union body earlier, since warning workers is possible only after the notice has been received by the trade union. A representative of this authority must indicate the date of receipt on the written notification.

Opinion of the trade union on layoffs

After receiving the notice, the trade union reviews the documents provided, studies how justified the employer’s decision regarding the reduction process is, as well as the legality of the employee’s dismissal. Within 7 days a written response is drawn up, where the committee expresses its opinion. At least 3 days are required for joint consultations.

If the union does not agree with the reduction, this will not prevent the employer from making a dismissal. At the same time, the trade union committee can appeal the employer’s actions to the labor inspectorate or in court if there are grounds and speak out in defense of the employee who is to be laid off.

Throughout the existence of trade union organizations, there has been a pronounced confrontation between the employer and this body. However, with proper management of the company, the trade union committee can become an ally and partner.

When deciding who to fire and who to keep at work, the employer primarily considers the interests of the company. Preference is given to employees with higher productivity, professionalism and experience. But what to do if there is a choice between two employees who fully meet all the requirements and are on equal terms? In such a situation, the trade union committee can help the employer and give its recommendations.

In addition, dismissal at the initiative of the employer is always an unpleasant process for both parties. As a rule, if there is a trade union committee in the organization, a collective agreement is concluded, which often contains conditions for additional payments for employees who have been laid off. Additional compensation payments can mitigate the situation upon dismissal. The job of the union is also to part with the employee on good terms and avoid complaints and lawsuits from the dismissed person.