Staffing problems. How to solve personnel issues in the process of reorganization Solves personnel issues

The reorganization raises new personnel matters. It is necessary to develop documents for the successor and decide the fate of the staff: those who do not stay should be fired, and the rest should be agreed on working conditions

The company has made a decision on its reorganization (in the form of a merger, acquisition, transformation, division, spin-off). Management is instructed to:

• take measures directly related to the reorganization (notify the tax office and creditors, register the reorganization, etc.);
• resolve personnel issues arising in the process of such reorganization.

The first thing to consider is that when reorganizing labor Relations with employees are not automatically terminated. In other words, the reorganization itself is not considered a basis for terminating employment contracts (part 5 of article 75 of the Labor Code of the Russian Federation). By the way, that is why you do not need to pay compensation for unused vacation. After all, it is considered that employees continue to work in the same organization. However, in the process of reorganization, layoffs are still possible.

In any case, the reorganization raises a number of issues in the area of labor law and personnel workflow.

Personnel issues in any form of reorganization

In the process of reorganization of a legal entity (regardless of its form), it is necessary to carry out the following personnel measures:

2) develop documents regulating labor relations in the successor organization;

3) notify employees of the upcoming reorganization;

4) terminate employment contracts with employees who stop working due to reorganization;

5) issue documents for employees who continue to work after the reorganization;

6) transfer personnel documents successor organization.

How to draft a staffing plan

Immediately after the company decides to reorganize, it makes sense to determine the structure, staffing and staffing successor organization (i.e., the organization to which the rights and obligations of the reorganized person will be transferred). To do this, you need to draw up a draft staffing table.

If the reorganization is accompanied, their positions do not need to be included in the draft staffing table (letter of Rostrud dated February 5, 2007 No. 276-6-0).

How to develop personnel documents

It is important to draw up the necessary personnel documents as soon as possible, which will come into force after the completion of the reorganization (this must be done when reorganizing in any of the forms, with the exception of some situations during the merger process). Otherwise, such documents will need to be drawn up when the employees of the reorganized company will already actually work in the successor organization. Since there will be very little time to develop and analyze the provisions of these documents, the risk of errors and insufficient regulation of relations with employees will increase. Subsequently, this can lead to misunderstandings and labor disputes.

Until the moment the reorganization is completed (i.e. until), it is worth developing the following documents: Rules for internal work schedule, Regulation on wages, Regulation on material incentives, standard form of an employment contract.

It also makes sense to prepare additional agreements to employment contracts, the terms of which will be changed in the process of reorganization. However, the employer will need to sign such agreements after the completion of the reorganization.

How to notify employees of an upcoming reorganization

First, all employees must be notified in advance. This is obligatory only when organizational or technological working conditions change (work and rest regime, equipment and production technology, etc.). However, in other cases, notification will be useful.

Secondly, there are situations when, in addition to notification, it is also required to obtain the written consent of the employee. This is necessary if the change in the terms of the contract falls under the criteria for transferring an employee to another job.

1. Notice. It is necessary to notify the employee when, as a result of the reorganization, the conditions of the agreement concluded with him employment contract will change for reasons related to a change in organizational or technological working conditions (part 2 of article 74 of the Labor Code of the Russian Federation). This must be done no later than two months before the planned date of completion of the reorganization (the date of registration of this fact in the Unified State Register of Legal Entities). The notice is made in free form(see sample 1 below).

Notice of reorganization (sample 1)

Together with the notification, it makes sense for the employee to issue an additional agreement to the employment contract (if it is drawn up in advance). This will allow the employee to clearly demonstrate what changes in labor relations the reorganization will entail.

If the employee is satisfied with the upcoming changes, you can advise him:

• sign an additional agreement before the reorganization is completed;
• Leave a signed copy of the agreement with Human Resources.

In this case, subsequently, the successor organization (employer) will be able to promptly issue personnel changes in connection with the reorganization. To do this, the employer will only need to sign additional agreements previously signed and left by employees, as well as make appropriate entries in the work books of employees.

At the same time, the law does not oblige the employer to issue a notice of reorganization at the same time as an additional agreement to the employment contract. In other words, you can notify employees even before they are drawn up. This tactic should be chosen when the reorganization needs to be carried out as soon as possible.

If the organizational or technological working conditions remain the same, it is not necessary to notify the employee. However, it is better to do so. The fact is that any employee has the right to refuse to continue working in connection with the reorganization of the organization (part 6 of article 75 of the Labor Code of the Russian Federation). To understand in advance whether an employee will continue to work in the successor organization, you need to inform him of the reorganization. It is advisable to do this in the same manner as with the mandatory notification of employees (sample 2 below).

Notice of reorganization (sample 2)

2. Mandatory consent. These rules apply when transferring an employee. That is, if, as a result of the reorganization, the following changes (part 1 of article 72.1 of the Labor Code of the Russian Federation):

• employee's work function and (or)
• structural subdivision specified in the employment contract, and (or)
• the area in which the employee works, i.e. locality within its administrative-territorial boundaries (paragraph 16 of the resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2).

To transfer an employee, you must obtain his written consent to the transfer (part 1 of article 72.1 of the Labor Code of the Russian Federation). It is advisable to do this in the following way: include a separate column in the notice of reorganization, where the employee must write whether he agrees to the transfer or not.

How to fire employees

During the reorganization process, an employee can be fired in two cases:

• if the employee refuses to continue working in connection with the reorganization (part 6 of article 75 of the Labor Code of the Russian Federation);
• if the reorganization is accompanied by a reduction in the number (staff) of the organization's employees (clause 2, part 1, article 81 of the Labor Code of the Russian Federation).

Can a reorganized company, on its own initiative, dismiss employees on the basis of reorganization or liquidation? No, he can not. The fact is that the reorganization itself is not considered grounds for dismissal. On the contrary, the law establishes that during the reorganization, employment contracts with employees of the company are not terminated (part 5 of article 75 of the Labor Code of the Russian Federation). If an employee is fired with reference specifically to the reorganization (for example, in connection with the merger of one company with another), the dismissal will be considered illegal.

During the reorganization, it is impossible to dismiss an employee with reference to the liquidation of the organization, that is, on the basis of paragraph 1 of part 1 of article 81 Labor Code RF. Indeed, during the reorganization, the company does not stop its activities, but only transfers its rights and obligations in the order of universal succession. In other words, reorganization cannot be equated with liquidation.

At the same time, the reorganized company may terminate the employment contract with the employee due to a reduction in the number or staff of the organization's employees (clause 2, part 1, article 81 of the Labor Code of the Russian Federation).

1. The employee refuses to continue working due to the reorganization. The employer needs to get the employee's refusal to continue working. An employee can issue such a refusal either in the form of an entry in the notice drawn up by the employer, or in the form of a separate application in any form.

Based on the refusal, it is necessary to issue a dismissal order in the form No. T-8 (or in a self-developed form) and make an appropriate entry in the employee's work book (clause 15 of the Rules approved by Decree of the Government of the Russian Federation dated April 16, 2003 No. 225).

2. Reorganization is accompanied by a reduction in the number or staff of the organization. The upcoming termination of the employment contract is necessary - no later than two months before the upcoming reduction in the number (staff) of employees and the possible termination of employment contracts. And if there is a possibility of mass dismissal of employees - no later than three months before the start of the relevant events (clause 2, article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1);

Recall that the Labor Code of the Russian Federation provides that the criteria for mass dismissal are determined in sectoral and (or) territorial agreements (part 1 of article 82 of the Labor Code of the Russian Federation). Many existing agreements use the criteria given in paragraph 1 of the Regulations approved by the Resolution of the Council of Ministers - the Government of the Russian Federation of February 5, 1993 No. 99 as criteria for mass layoffs.

Such criteria boil down to the following. The organization cuts:

50 or more people within 30 days;

200 or more people within 60 days;

500 or more people within 90 days;

1 percent of the total number of employees within 30 days in regions with a population of less than 5,000 people.

It is advisable to look at the notification (message) form on the website of the territorial body of the employment service.

If a sample notification is not provided on the site, the notification must be submitted in writing, be sure to indicate the position, profession, specialty (together with qualification requirements) and the terms of remuneration for each individual employee.

You also need to notify:

Elected body of the primary trade union organization(if any) - in writing, and no later than two months before the upcoming reduction in the number (staff) of employees and the possible termination of employment contracts, and if there is a likelihood of mass layoffs of employees - no later than three months before the start of the relevant events;

The dismissed employee - personally and under the signature, and not less than two months before the dismissal (part 2 of article 180 of the Labor Code of the Russian Federation). In this case, the employer is obliged to offer the employee another available job - vacant positions, including vacant lower positions or lower-paid work (part 3 of article 81, part 1 of article 180 of the Labor Code of the Russian Federation).

Upon termination of employment contracts, the organization must pay each employee dismissed due to a reduction in the number (staff) of a severance pay in the amount of the average monthly earnings (part 1 of article 178 of the Labor Code of the Russian Federation). In addition, the employee will retain the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

By the way, an employee of a reorganized organization can be fired before the expiration of two months after the notice of dismissal due to a reduction in the number (staff) of the organization. The employer will have the right to dismiss the employee ahead of schedule if the following conditions are met (part 3 of article 180 of the Labor Code of the Russian Federation):

The employee will give written consent to terminate the employment contract before the expiration of two months from the date of the notice of dismissal;

The employer will pay the employee additional compensation in the amount of average earnings, calculated in proportion to the time remaining until the expiration of the two-month period from the date of the notice of dismissal.

At the same time, the employee will retain the right to payments listed in Part 1 of Article 178 of the Labor Code of the Russian Federation.

How to file personnel changes in connection with the reorganization

After the reorganization is carried out (that is, after the reorganization is registered), the head of the successor organization must issue an order on personnel changes.

If the reorganization was carried out in the form of a merger, accession, transformation or division, then the order must indicate that the employees of the organization that ceased operations during the reorganization process are considered employees of the successor. When reorganizing in the form of a spin-off, the order indicates that the employees of the reorganized person who have transferred to work for the successor are considered employees of the newly created company.

The order on personnel changes in connection with the reorganization is drawn up in free form.

In the order, the head instructs the head of the personnel department (another authorized person):

Make changes to the employment contracts of employees (i.e. sign additional agreements in cases where necessary);

Make appropriate entries on the reorganization in the work books of employees.

Additional agreements to employment contracts must be signed:

With employees who worked before the registration of the reorganization in another company (reorganized legal entity). The content of the additional agreement is the changed details of the employer (part 1 of article 57 of the Labor Code of the Russian Federation);

With all employees whose terms of employment contracts have changed (Article 72 of the Labor Code of the Russian Federation). The content of the supplementary agreement is the new terms of the employment contract.

In both situations, it is necessary to make an entry about the reorganization in the work book (letter of Rostrud dated September 5, 2006 No. 1553-6).

If the reorganization entailed the transfer of an employee, signing an additional agreement to the employment contract will not be enough. The employer will need to issue a transfer order in the form No. T-5 (No. T-5a) or in a self-developed form.

In the transfer order, you must indicate the previous and new position employee. The date of the order must coincide with the date of registration of the reorganization. The employee must be familiarized with the order under the signature, and it makes sense to do this on the first business day after the date of the reorganization (that is, on the day the order is issued).

An entry about the transfer must be made in the employee's work book no later than a week from the date of the transfer (clause , Rules for maintaining work books).

How to transfer personnel documents to the successor organization

Personnel documents of the reorganized organization terminating its activities must be kept by the successor organization. Upon separation, the successor shall keep a part of the personnel documents of the reorganized entity.

The conditions and place of storage of archival documents of a reorganized organization must be determined by its founders or bodies authorized by them (clause 9, article 23 of the Federal Law of October 22, 2004 No. 125-FZ). Archival documents, in particular, include documents on personnel (clause 9, article 23, clause 3, article 3 federal law dated October 22, 2004 No. 125-FZ).

Features of personnel changes in the merger process

Several organizations are always involved in the merger process - two or more (clause 1, article 58 of the Civil Code of the Russian Federation). As a result, a new entity, for which it is necessary to develop a new staffing table and new personnel documents in advance.

It is expedient to do this jointly with the specialists of each of the reorganized companies. In particular, it is important for the lawyer of the organization participating in the merger to interact with the lawyers of other organizations being reorganized.

Only with such interaction will it be possible to subsequently avoid disputes with employees and other negative consequences.

Peculiarities of personnel changes in the process of accession

During reorganization in the form of accession, labor relations may change:

Or only for employees of the affiliated organization;

Or for employees of both organizations - the affiliated and the main one (that is, the one to which the accession is being carried out).

Employment relationships change with employees of the affiliated organization. This situation is typical for the case when the main company:

Acquires a company similar in business in another city or constituent entity of the Russian Federation (i.e. becomes its sole participant by acquiring shares or shares);

Wants to turn this company into a .

After the parent company evaluates the assets and acquires new company, she must conduct a personnel assessment: which employees from the acquired company will be needed by the future branch, and which ones will not.

Most often, the management of the main company initially has a clear picture of how the business will be organized in the new territory. As a rule, the main company already has branches in other cities, an established structure of business processes, as well as an organizational structure adjusted to these processes and a typical section of the company's staffing table with the number of employees required by the branch and the list of positions.

Before starting work with the staff of the merging company, the main company must draft a staffing section for the future branch with a specific number of employees in each division. The management of the main company needs to understand that those employees who are not indicated in the staff list will be fired due to a reduction in the number (staff) of the organization's employees.

Then it is necessary to evaluate the working conditions in the acquired company and compare with the working conditions in the main company: daily routine, remuneration, bonuses, additional holidays etc.

In order for the working conditions to be the same in both reorganized companies, it makes sense to renegotiate employment contracts with employees of the acquired company in the version of the standard employment contract of the main company. In other words, the merging company should change its working conditions in such a way that they become similar to the working conditions in the main company. Moreover, it is expedient to do this even before legal reorganization measures are taken.

To do this, the main company must send all the necessary personnel documents to the newly acquired company (draft staffing section for the future branch, Internal Labor Regulations in the main company, Regulation on remuneration, standard form employment contract, etc.). On the basis of such documents, the head of the acquired company begins its transformation into a future branch: changes the staffing table, reduces employees, renegotiates employment contracts, etc.

If both companies have the same employment contracts and the same remuneration systems, all subsequent registration of labor relations will be much easier than in a situation where working conditions are different. Therefore, it makes sense to prepare the acquired company for a branch in advance and only then carry out merger activities in it.

Notification of employees of the merging company, as well as translation and change in personnel documents is carried out according to general rules.

Labor relations change between employees of the main and affiliated organizations. This happens, as a rule, when companies that are independent of each other participate in the reorganization with different types activities and various structures.

In this case, the main company needs to create a new organizational structure and actually draw up a new staffing table. staffing it is advisable to develop together with employees (lawyers, personnel officers) of each of the reorganized companies.

Features of personnel changes in the process of division

The heads of companies created during the separation process need to issue an order on personnel changes in connection with the reorganization. In this document, it is necessary to list only those employees of the reorganized company who are transferred to work for a specific successor, that is, in a company created in the process of division.

Features of personnel changes in the process of selection

The head of the company created in the process of separation must issue an order on personnel changes in connection with the reorganization. In this document, it is necessary to list only those employees of the reorganized company who go to work in the established company (i.e., to the successor).

The successor receives and keeps personnel documents relating only to these employees (and not to all employees of the reorganized entity).

Features of personnel changes in the process of transformation

During reorganization in the form of transformation, labor and, if any, retain their effect. There are no grounds for terminating employment contracts with employees (art. , Labor Code of the Russian Federation).

Usually, the reorganization does not change the conditions and procedure for remuneration of employees. But if the place of work changes - the address of the company, position, terms of remuneration and other conditions, then additional agreements to employment contracts must be drawn up on behalf of the new employer. Not later than two months before that, employees must be notified of upcoming changes. Also on behalf of a new employer. In the same manner, it is necessary to notify employees if it becomes necessary to reduce staff.

AT work books you need to make a record of the transfer of employees to a new company in connection with the reorganization. Column 3 of the book may contain the following wording: “Closed joint-stock company"Mir" from October 1, 2017 was transformed into a company limited liability"Mir" (LLC "Mir")".

Personnel issues during the reorganization, which takes place in a short time

It often happens that the company's management sets the task of registering the reorganization within a specific period. At the same time, there is not enough time to conduct personnel events and prepare personnel documents. Let's take a look at the most typical problems that can be encountered in the process of urgent reorganization and how to solve them.

1. There are no documents regulating labor relations in the successor organization.

It is necessary to develop and approve, first of all, the following documents as soon as possible: Internal labor regulations, Regulations on wages, Regulations on material incentives, a standard form of an employment contract.

2. New structural divisions appear

It is necessary to sign additional agreements with employees transferred to a new structural unit. You also need to approve the Regulations on this unit (for example, the Regulations on the branch) and familiarize all its employees with new job descriptions. It is likely that many documents will have to be processed retroactively, as employees will not be ready for such drastic changes, will take time outs to familiarize themselves with documents issued for signature, and also consult with the union.

3. There are conflicts and misunderstandings with the trade union

It is important to explain to the trade union leaders the complexity of the reorganization measures and all the nuances of the documents being drawn up. By building a relationship with the union, the union can, in turn, reassure the workers and give them a guarantee that jobs and wages will remain the same.

4. Employees refuse to sign personnel documents, go on vacation and sick leave

It makes sense to organize a detour of employees at home in order to obtain the necessary signatures.

If, in this case, employees refuse to sign, decisions regarding such personnel will need to be deferred until they go to work.

If such an exit does not take place soon (for example, if employees are on extended parental leave), new employees on fixed-term contracts can be hired to replace employees. However, as employees come out of vacation, they will have to carry out organizational and structural measures and change staff.

5. Employees quit and/or argue with employer

It is important to adhere to the principle of maximum openness for employees.

To all lawyers of the company, including those who work in separate subdivisions, it makes sense to organize meetings with labor collectives and clearly explain the procedure for carrying out reorganization measures. It is best to provide such explanations with the help of visual presentations, where each slide will contain information about a particular stage of the reorganization.

At the same time, one should not limit oneself to explanations and consultations of lawyers. The best option- this is when the management of the company and its other departments are involved in the process of interaction and dialogue with employees in addition to the legal one (personnel, financial, etc.). Moreover, if the company has a corporate publication (website), it should be used to publish plans related to the reorganization and its results.

Investments in construction have recently been considered very profitable, since this business area is growing at a rapid pace. The funds invested in it almost immediately pay off; today the demand for square meters in Moscow significantly exceeds the supply. According to 2006 data, the supply was 5 million sq. m. m. against the "desired" 40 million sq. m. m. An increase in construction, however, does not automatically lead to an influx of new personnel in this sector of the economy. As a result, there is a shortage of personnel in the market.

The shortage of staff is growing

The situation with the absence of people is typical not only for Moscow. In the Northern capital, according to recruitment agencies, there is a shortage of managerial personnel different levels in the industry is more than 1 thousand people. And the situation in the regions is clearly illustrated, for example, by the city of Omsk, where the shortage of construction personnel is 2 thousand people.

The shortage of people in the construction profession is explained not only by the growth of the market, but also by demographic reasons. Suffice it to recall how popular the specializations "Jurisprudence", "Finance and Credit", and "Management" were in the 1990s among university students. Construction professions occupied far from the first places in the list of priority specialties.

Companies deal with staffing issues in different ways. One of the most common and cheap - non-intellectual "labor" is imported from neighboring countries. But now the market dictates such requirements for workers and specialists as knowledge and possession of new materials and technologies. Therefore, large construction companies and firms involved in building materials pay great attention to the issue of personnel training and organize their own educational centers for future installers, electricians, finishers, etc.

The Moscow mayor's office, headed by Yu.M. Luzhkov. But this is a matter for the future, but for now ...

Builders are getting more expensive

In general, 2006 was characterized by an upward trend wages for people involved in the industry. According to the Unity Set recruitment agency, salary growth for representatives of such professions as electricians, foremen, architects, site managers, chief project engineers, chief architects of the project, amounted to 16-20 percent. The difference between the monthly income of designers at the beginning of the year and at the end of the year is somewhat larger - 25-27 percent.

Isolated cases stand out from the general trend. For example, main architector project, which the company did not take at the beginning of the year, requested a salary of 2 times more when reapplied by the same employer after 10 months. And the company was forced to agree to his terms.

According to the St. Petersburg Institute of Regional Economics and Management, construction companies are especially in demand for facility managers, designers, estimators, technical supervision specialists, site managers, engineers internal networks, foremen, masons, plasterers, electricians.

In general, experts state that the situation on the personnel market has changed recently. So, if in 2003 - 2004. construction companies were most in demand for line employees, specialists associated with the production and preparation of the construction process (heads of production and technical departments, heads of sites, heads of estimate and contract departments, etc.), then, starting from 2005, the demand for leading design engineers and chief specialists of the design department of various construction areas. For example, we need design engineers for pipelines and gas pipelines, small and large boiler houses, heating networks, project leaders, heating engineers, and heads of PTO for engineering networks. Among the line personnel, there is now an urgent need for foremen who can act as an intermediary between all the specialists on the construction site.

In addition to the wage race, some employers use other methods to attract people. In particular, Moscow companies invite specialists from the regions, providing them with housing, a social package, and at the same time they pay decent wages.

Personnel are selected in all construction companies about the same: companies advertise open vacancies on the Internet, newspapers, and magazines. Employers recruit people also on the recommendations of colleagues and are increasingly turning to recruitment agencies.

The trend in the development of the labor market in the construction industry is such that there are fewer job seekers. If 5 years ago construction companies While the activity of its own personnel department was enough to solve the problem of open vacancies, now, with a shortage of staff, business is increasingly turning to the services of professionals, to recruitment agencies. The demand of employers for construction specialties is growing every year. And the number of clients from recruitment agencies is increasing. Thus, today the appeal to recruiters is becoming traditional, - concludes the director of "Unity Set" Irina Semenova.

Expand your search

Along with the demand for construction vacancies, the number of recruitment agencies helping to meet it grows, and entire construction departments appear in the agencies themselves. Hiring a recruiter has its benefits. Thus, the database of one agency is ten times larger than the sample of "their own" personnel worker. In addition, recruiters accurately and in a short time select the specialist that the company needs.

The main thing in the recruitment process is to clearly understand what kind of person the company needs. It is fundamentally important to speak the same language with employers. Good agency consultants do not just understand the wishes of the customer, they take an expert position on the issue. How is it shown? For example, sometimes personnel specialist understands the needs of the customer, present and future, so much that even in the absence of an order, he recommends an interesting applicant for a certain vacancy in the company, - says Irina Semenova.

The personnel market is growing, recruiters are improving the technology of finding the right candidates, increasing the database of applicants. Which agency to contact? In this situation, it is easy for employers to get confused when looking for specialists. Therefore, some companies turn to several recruiters at once, believing that this increases the chances of finding a candidate. However, the following feature of the market is not taken into account: the number of applicants remains unchanged for all recruitment agencies. After all, a candidate in search of a job sends a resume to e-mail in a dozen recruiting services and places it on five to seven Internet sites.

How to choose a recruitment agency? Irina Semenova acted as an expert in this matter. When choosing an agency, in her opinion, it is necessary to pay attention to such "quality measures" of its work as the percentage of repeat orders from clients, the percentage of vacancies closed and the percentage of candidate replacement during warranty period(90 days).

Frames for "growth"

But recruiting agencies mainly receive applications for experienced workers with good experience and an impressive store of knowledge. And what awaits young professionals?

Last year, the Association of Builders of Russia, heads of higher and secondary educational institutions construction sector applied to the Ministry regional development, the Ministry of Education, the Federal Agency for Education, the Federal Agency for Construction and Housing and Public Utilities with a proposal to optimize the system for training industry specialists. According to the professional community, practice-oriented personnel who know modern technologies are required today.

Employers refuse to take on young builders, and meanwhile specialists with extensive experience are retiring, some of them cannot work in harsh, dynamic conditions and do not know new technologies and computer programs.

To solve the problem of age "scissors", when the young still "can't" and the experienced already "don't want", some enterprises turn to the already established pre-perestroika practice, then the factories took patronage over universities and provided their students with a good internship. This experience is still relevant today. For example, the Stroymontazh corporation maintains constant contact with specialized universities in St. Petersburg. Their students have the opportunity to gain experience on the construction site, and if they perform well during the internship, they stay with the company.

Today, when production volumes are increasing, new technologies are being introduced, modern production lines are being launched, the shortage of personnel threatens to become a brake on the development of the construction industry. And until this situation changes, wages, like the demand for construction workers, according to experts' forecasts, will only grow.

Press service of CC "UNITI"

Question: Why was the employee not included in the length of service in the municipal service as a Komsomol organizer for a group of secondary schools of the district committee of the Komsomol?

Answer: The conditions for assigning a pension for long service to municipal employees are determined by regulatory legal acts subjects of the Russian Federation and municipal legal acts. Therefore, the periods that are subject to inclusion in the length of service of the municipal service may differ.

At the same time, one should take into account judicial practice. Thus, according to the Decision of the Novovyatsky District Court of Kirov dated June 17, 2013 in case No. 2-354 / 2013, as well as the Decision of the Kotelnichsky District Court (Kirov Region) dated March 12, 2014 No. M-3 / 50 / 2014 2-3 / 65 /2014 2-3/65/2014 ~ M-3/50/2014, “proof that the Central Committee of the Komsomol was not part of the structure of the organs state power, is that neither the Law of the USSR of 07/05/1978 "On the Council of Ministers of the USSR", nor the Law of the RSFSR of 08/03/1979 "On the Council of Ministers of the RSFSR" in the list of ministries and state committees of the USSR and the RSFSR did not indicate the bodies of the Komsomol.

Work in these bodies does not apply to public service. In the Decree of the President of the Russian Federation of September 20, 2010 No. 1141 “On the list of positions, periods of service (work) in which are included in the length of service of the state civil service for the appointment of a pension for the length of service of federal state civil servants”, there are no positions held in the Central Committee of the Komsomol or its bodies, which would relate to public service positions.

Familiarization with the report on the employee

Question: Is an employer obliged to familiarize a person with a memorandum written in his name? And on what basis?

Answer: Since this issue is not regulated at the legislative level, it is recommended to make a copy of the report, with which it is necessary to familiarize the employee. In any case, it will be necessary to familiarize the employee with the contents of the report, since on the basis of this document, in accordance with Art. 193 of the Labor Code of the Russian Federation, he must provide an explanatory note. Also, if the employee makes a written request, then, on the basis of Art. 62 of the Labor Code of the Russian Federation, the employer is obliged to give him copies of documents related to work.

If the memorandum is drawn up for a civil servant, then on the basis of paragraphs. 3 p. 8 art. 59 of the Federal Law of July 27, 2004 No. 79 “On the State Civil Service Russian Federation”, the employer is also obliged to familiarize him with the content of the complaint based on the results of the internal audit.

The nuances of scheduling vacations

Question: Is it necessary to include in the vacation schedule non-vacation days for other years (including those provided for harmfulness and Chernobyl)?

Answer: There is no official procedure for filling out the vacation schedule. AT unified form No. T-7 there is column 5, where you can enter the total number of vacation days for each employee, including the required additional and previously unused days. This will make it easier for personnel officers to keep records, and for employees, if necessary, to check whether all rest days have been used.

The correct date of dismissal and the possibility of withdrawing a letter of resignation

Question: A working pensioner wrote a letter of resignation own will on the last day of vacation, which according to the calendar falls on a day off. How to issue an order for dismissal: the next working day or the previous working day? And the second question. We want to take a temporary person for the duration of her vacation, who is then planned to be transferred to a permanent one. Are there any legal ways to prevent a former employee from withdrawing their resignation letter?

Answer: Based on the Letter of Rostrud dated 06/18/2012 No. 863-6-1, it is necessary to make a dismissal on the first business day that follows the day the employment contract expires. All Required documents the employer is obliged to issue on the day of termination of the employment contract, that is, on the last working day. This may be, including on the eve of a vacation with subsequent dismissal.

With regard to the right to withdraw a letter of resignation, there can be two situations. If an employee wrote a vacation application with subsequent dismissal, then he can withdraw it only before the start of the vacation. The second situation is if the employee wrote 2 applications: one for vacation, the second for dismissal. By law, the employee retains the right to withdraw the application for dismissal, unless another employee is invited in writing to take his place. Moreover, it is important to understand that this invitation must be issued in writing.

The term of the employment contract with an employee from Belarus

Question: For what period to conclude an employment contract with a citizen of Belarus - fixed-term or indefinite, if he has a residence permit in the country for a limited period?

Answer: According to the Labor Code of the Russian Federation, if there are no grounds for concluding a fixed-term employment contract, an open-ended contract must be concluded. At the same time, it must be taken into account that, according to paragraph 5 of Art. 97 of the Treaty on the Eurasian Economic Union, the period of temporary stay (residence) of a worker from Belarus is determined by the duration of the labor or civil law contract.

It is also recommended that in connection with the conclusion of an employment contract with a foreign citizen, notify the Ministry of Internal Affairs about this. But this is more for your own safety. Since, according to the Decree of the Armed Forces of the Russian Federation of May 30, 2017 No. 78-AD17-19, employers may not notify the employment of a citizen of Belarus.

From activity personnel service the future of the company largely depends. How effectively and competently the formed team will fulfill its duties and by what criteria to select a team are the main personnel problems, and if they are not resolved in time, you can forget about the positive development of the business.

Despite the complexity of the problems facing the HR departments, there are solutions, but the effectiveness of the methods depends on a well-built HR policy.

Key staffing issues

The first problem of the personnel service lies on the surface - how and where to find a professional with a good education, a high labor classification, capable of learning and mastering new technologies and having sufficient work experience. There are few such specialists and it is not easy for any company to find them. The shortage of personnel is clearly observed on the other hand. In megacities, there is an urgent need to perform large volumes of unskilled rough work, but there are not enough workers due to difficult working conditions, relatively low pay and high staff turnover as a result. A good example is the trade sector.

Representatives of the working personnel of companies are often dissatisfied with material conditions, the degree social protection, operating conditions. It is practically impossible to increase salaries against the backdrop of economic crises without harming the company, but it is possible to improve the social package to slow down the process of staff turnover. But the social package also requires investments. Money. Unfortunately, this stops many entrepreneurs who prefer to invest free funds in the development of production.

In connection with the incessant growth of inflation, the planned increase in wages is vital. Otherwise, the actual salary of employees will decrease and, having reached critical limits, will force them to leave.

Another problem of personnel is the level of qualifications. Now, in almost every area of ​​business and production, new technologies are being applied, each industry is developing at a different pace. If the company does not apply the innovation in time in its work, it will instantly find itself behind its competitors. Recruitment to the team of professionals with modern knowledge who are ready to learn and master new things is a priority task for personnel officers.

Ways to solve personnel problems

1. Supporting the level of income of employees at a high, competitive level. Even a slight decrease in salaries instantly provokes an outflow of personnel to competing companies. The task of the company is to regularly monitor salaries in other companies, follow economic news, and track inflation.

2. Extended social package. The complex of social bonuses from the company may additionally include free meals, high-quality conditions for work and leisure, medical insurance, corporate communications, fitness and other paid services. The high initial outlay is easily recouped, as social support significantly reduces employee turnover, saves time on training newcomers, and improves organizational performance.

3. Holidays and other corporate events. A sense of belonging, emotional attachment, a sense of joy, team cohesion - all this can be achieved through corporate events.

4. Training. Training and retraining of personnel keeps employees interested in their work and helps them master new technologies.

5. Motivation. Representatives of the company need to conduct regular work with their employees to motivate work in the company, constantly update goals and objectives. Respect the desire of the staff member to move up the career ladder. Realizing the reality of his career prospects, a staff member will make every effort.

Tags by material: Problems of personnel work, problems of organization of personnel work.