Publication date: 20.05.2024
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A case for personnel. Notification of mass layoffs
If the company plans to lay off employees en masse due to a reduction in their number, the employment center must be notified no later than 2 months before the layoff. To do this, you must complete and submit form No. 4-PN "Information on the planned mass dismissal of employees in connection with changes in the organization of production and labor", since the third paragraph of paragraph 4 of part three of Article 50 of the Law of Ukraine of July 5, 2012 No. 5067- VI "On Employment of the Population" (hereinafter - Law No. 5067) regulates the submission of information by employers to the state employment service on the planned release of employees on the basis of paragraph 1 of Article 40 of the Labor Code of Ukraine (hereinafter - Labor Code of Ukraine) and provides for employers' responsibility for failure to submit or late submission of this information
Report on the mass release of workers
The report is submitted in case of mass dismissal of employees. To clearly understand the meaning of the term "mass release", let's turn to Article 48 of Law No. 5067.
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It is mandatory to submit a report. If the report is not submitted or is submitted late, the company may be fined. According to Part 6 of Article 53 of Law No. 5067, a fine is provided for in the amount of four times the minimum wage established for
ment of violation detection.
The legislation does not prohibit offering employees a vacant workplace of a lower qualification level.If vacant positions are excluded from the staff list
If vacant positions are to be excluded from the staff list, then they must be excluded even before the employees are notified of the layoff. That is, the staff list is a dynamic, not a permanent document. It is approved in a new form only after the dismissal of the last of the warned employees.
If a new staff list is approved without positions in which employees have remained at work for certain reasons and have not yet been fired, the question will arise as to what position they will still work in and how wages should be paid from the payroll fund to employees who have found themselves out of state.
What to do with women who are on maternity leave
Women who are on leave to take care of a child before the child reaches three years (six years - according to a medical opinion) must be notified when they are notified that they are not dismissed (Article 184 of the Labor Code), but their positions will be excluded from the staff list , and offer them new jobs. The employer has no right not to warn such women. These employees can be fired only after the child reaches the age of three (six years - according to a medical opinion), having previously offered them an acceptable job.
