In a guide worked with by Ius Laboris Russian firm ALRUD, lawyers in Estonia, Israel, Kazakhstan, Poland, Russia, Romania and also Ukraine offer an overview to redundancy procedures in their territories. Personnel redundancy: when to use?
A company might terminate the employment contract due to redundancy, if the continuance of the employment partnership, on the agreed conditions, comes to be impossible, due to a decline in the job quantity, reconstruction of job, or other cessation of work (lay-off). Kinds as well as choices Estonian regulation distinguishes between private and collective redundancy. Specific redundancy is a basic and straight-forward procedure, whereas cumulative redundancy sets off certain info and appointment responsibilities. A redundancy is deemed cumulative, if it involves termination because of lay-off, within 30 calendar days, of the employment contract of no less than: 5 workers in a venture, where the ordinary number of workers depends on 19; 10 staff members in an enterprise, where the typical variety of staff members is 20— 99; 10% of the staff members in a venture, where the average variety of workers is 100 to 299; 30 staff members in a business, where the ordinary variety of staff members goes to the very least 300.
Before the company decides on the cumulative discontinuation (i.e. prior to specific termination notices are submitted to the staff members), the company must seek advice from, in good time, the trustee or, in his/her absence, the employees, with the goal of getting to a contract on avoidance of the planned discontinuations, or reduction of the number thereof, as well as reduction of the repercussions of the terminations, consisting of contribution( s) to the seeking of employment by, or re-training of, the workers to be laid off. The employer is additionally required to inform the Estonian Unemployment Insurance Fund of the prepared redundancy. Treatments Before termination of an employment agreement, because of a lay-off, an employer must, preferably, deal one more work to the staff member. The commitment to provide another task entails likewise organising in-service training for the worker and changing of working conditions, if taking such procedures would make it possible for the employer to offer one more placement to the staff member (a setting that would certainly or else not be presently appropriate for the worker). Such in-service training and changing of functioning problems is not called for, if it would certainly create disproportionately high expenses for the company. If there are no appropriate placements available, the employer may wage the redundancy.