Selection order for dismissals and layoffs in detail
In Russia, a statutory selection order is obligatory for collective staff redundancies. If there are several employees who occupy the same job position, the company will be required to go through a selection procedure and determine which employees have a preemptive right to hold the position and are protected from dismissal (e.g. pregnant women and women who have children under three years old). Employees who have ‘higher labour productivity’ as well as higher qualifications have a preemptive right to remain employed over those who have lower labour productivity or qualifications.
According to current court practice, ‘higher labour productivity’ means that an employee’s scope of work is broader in comparison with other employees who hold the same job position.
The company is entitled to choose the criteria on which it will estimate employees’ labour productivity. Criteria may include the financial results of a particular employee, the quality and complexity of his or her work, or length of service.
The procedure for redundancy is multistage and formalistic. The key requirements are the following:
- The employer must identify those employees who have the preemptive right to hold a position and those who are protected from dismissal (e.g. pregnant women and women who have children under three years old).
- The employer must offer the employee, in writing, any other position that is available.
- The employee is entitled to two months’ notice, which the employer must give in writing. The employer is also obliged to notify the state authorities (and trade unions, if any) two months and in some cases three months prior to dismissal of employees.