The procedure for reducing internal and external part-time employees

Let's sum it up

• The dismissal of a part-time employee occurs in the same manner as the dismissal of a main employee.
• You cannot fire a part-time employee who is on sick leave or on vacation.
• Earnings during employment are paid to a part-time worker only if he loses his main job.

HR department employees and business managers usually have no problems with the dismissal of key employees. Certain questions arise when a part-time employee is being laid off. It is important to know the specifics of dismissing such workers in order to carry out this process within the framework of current legislation.

• 1 Features of the reduction of employees working part-time 1.1 Internal
• 1.2 External

Features of layoffs of part-time employees

The relationship between an employer and a subordinate is regulated by the Labor Code of Russia (LC RF). Therefore, it is important for the head of the enterprise to know the provisions of this legal act in order to formalize the reduction in accordance with the accepted rules.

The severance of labor relations is regulated by the following articles of the Labor Code of the Russian Federation:

• second paragraph, first part, article No. 81 . The basis for dismissal at the initiative of the employer is a reduction in staff or numbers. Part three of this article contains the rules for carrying out such a procedure;
• article No. 82 . It states that the employer, when reducing staff, is obliged to take into account the opinion of the trade union organization;
• Article No. 84.1 . Contains a general procedure for formalizing the dismissal procedure, including due to reduction in staff or numbers;
• articles No. 178-180 . Guarantees and compensation for laid-off employees are provided.

The reduction of part-time workers due to a reduction in staff or numbers has its own characteristics. You need to know about them in order to carry out this procedure correctly.

In general, the process of laying off a part-time worker includes a number of stages:

Domestic

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

An internal part-time worker is an employee who works under a different contract for one employer. If such a subordinate is laid off, he remains on the staff of the enterprise, but in his main position.

If only the part-time job is reduced, the employee continues his activities in the company, then the work book will not be issued to him. At the same time, a record is made in it.

If a part-time worker also resigns from his main position and leaves the company, then the work report, completed in accordance with all the rules, is given to the subordinate.

External

An external part-time worker is a person who works in a main position in one company and works part-time in another company. Severing the employment relationship with such an employee does not have any significant features.

The dismissal of an external part-time worker due to a reduction in staff or headcount is carried out in the same manner and according to the same rules as the main employee. The employee’s work book is filled out by the employer at the main place of work.

To do this, the company with which the relationship is being terminated must issue the employee a certified copy of the dismissal order or a special certificate containing information about which company, position and for what reason the employee is leaving.

Is it possible to fire a part-time worker?

Based on the essence of acts in the field of labor relations, namely the Labor Code of the Russian Federation, we can conclude: it is allowed to lay off both main workers and part-time workers. It makes no difference whether the position is combined at the place of main work or at another enterprise.

In general, measures to reduce part-time workers do not differ from the general rules. This can be done, but you must act strictly within the legal requirements.

Paperwork

As a rule, one document is drawn up. It is written in any form. The notice is given to the part-time worker against signature two months before the expected termination of the employment relationship. It should be noted that a one-time offer of vacancies is not enough. During the two-month period, vacant positions may appear.

The employee must be notified about them. Dismissal must be carried out on the basis of an order. This document confirms the will of the employer and the consent of the employee to terminate the employment relationship.

Instructions are also given to enterprise staff specialists to make the necessary changes. An example of an order to lay off a part-time worker is given below. Information about dismissal due to reduction is entered into the part-time worker’s work book.

The table given on the “Employee Information” page is filled in. The first column contains the serial number, the second – the date of dismissal.

The third column is devoted to the basis for termination of the employment relationship. You should refer to the article of the Labor Code of the Russian Federation. In the last column, a mark is placed on the basis of which document the reduction is being carried out (enterprise order).

Procedure for reducing internal part-time workers

When combining two or more positions at one enterprise, a reduction procedure is also allowed. However, the algorithm of actions and possible consequences will depend on which position is being eliminated. If the staffing table provides for the exclusion of both positions at once, the employer must fulfill all the standard requirements of the Labor Code of the Russian Federation:

• exercise the preemptive right to retain a job if there are vacancies in the company;
• warn the employee in writing about the upcoming dismissal;
• issue an order and determine the date of termination of the employment relationship;
• accrue guaranteed payments, provide days of unused vacation;
• fill out and issue a work book.

Sample entry in the work book about dismissal due to reduction

Read on topic: Procedure for transferring an employee to another position due to staff reduction

Payments for this reduction option will include not only severance pay, but also compensation for average earnings for the next two months. This guarantee applies to a part-time worker, since as a result of a change in the staffing table, he terminates his employment relationship with the employer.

If a reduction occurs only in relation to one internal part-time position, additional nuances are taken into account:

• if the main position remains on the staff list, all terms of the contract for it will remain unchanged;
• the employer is obliged to take into account the prohibitions and restrictions recorded in the Labor Code of the Russian Federation;
• The redundancy payments will include severance pay, but compensation for average earnings for the next two months is not retained, since the citizen is in an official labor relationship.

Note! If only one of the internal part-time positions is reduced, an entry in the work book will be made only in relation to it. For another position, no changes occur in the work book or other documents.

What benefits is the employee entitled to?

The payments due to the employee will depend on what kind of part-time worker he is, internal or external. It is also necessary to take into account whether the main position is being reduced or only the part-time position.

An internal part-time worker who is fired due to staff reduction in a position other than his main position is entitled to only severance pay. The average salary for two months will not be credited to him as compensation. An external part-time worker is entitled by law to severance pay.

If he simultaneously loses his main position due to layoffs, then his average earnings will be retained for 2-3 months for the period of employment.

Regardless of the type of part-time job, the employee is also entitled to the following payments:

• salary for days worked;
• temporary disability benefits;
• monetary compensation for days of unused vacation.

An employee who performs labor functions in several positions within one company is called an internal part-time worker. If an employee is employed in several organizations, then he will be called an external part-time worker.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

The article describes what nuances there are when deciding on the dismissal of part-time workers due to a reduction in the number or staff of employees.

Mandatory payments

The dismissal of a part-time employee due to staff reduction is necessarily accompanied by the provision of severance pay and other compensation payments that are due to the main employees being laid off, but with some reservations.

A part-time worker has the right to claim:

1. Severance pay, a multiple of average monthly earnings;
2. Remuneration for working hours for the current month;
3. Payment for unused vacation days;
4. Compensation payments equal to 2 times the average monthly salary (provided if he is simultaneously dismissed from his main place of work).

Is it possible to dismiss a part-time employee at the initiative of the employer?

The legislation does not provide any exceptions for the dismissal of employees working part-time at the enterprise at the initiative of the employer.

Guarantees for part-time workers are provided for in Article 287 of the Labor Code of the Russian Federation . Part 1 clarifies that workers in the Far North and persons combining work with study are provided with appropriate benefits only at their place of work.

When carrying out organizational staff activities and terminating labor relations with employees, persons employed at the enterprise on a part-time basis are subject to dismissal on a general basis. You will find the legal grounds for layoffs here, and the rights of an employee and the dismissal procedure are described here.

FAQ

Question No. 1. Can an employee go on leave after receiving the notice?

Yes, there are no prohibitions regarding this, and he can use all his vacation days. If on the date of dismissal he is still on vacation, then the termination of his employment contract will occur on the first day of returning to work.

Question No. 2. Is it necessary to notify pregnant women and people raising young children if such employees cannot be dismissed at the request of the manager during layoffs?

Art. 261 of the Labor Code of the Russian Federation directly states that such categories of employees are not subject to dismissal, therefore, there is no need to include their names in the notification, because their jobs are saved.

How does dismissal occur during external combination: procedure

An employer who has taken the initiative to optimize the staffing table must take certain actions, including:

1. issuing an order to reduce positions/number of employees;
2. approval of the staffing table in a new form;
3. informing the part-time worker at least two months in advance about the upcoming termination of employment relations with him;
4. offering him available vacancies at the enterprise.

Despite the fact that an external part-time worker has official employment at his main place of work in another organization, the law obliges the employer to offer him all available vacant jobs, even if they do not involve employment as part of a combination of positions.

Due to the fact that the termination of an employment contract is carried out in a general manner, the employer, as a general rule, is obliged to offer the dismissed employee all available vacancies in the given locality and in other regions, but only if the condition about other regions is enshrined in local regulatory acts of the enterprise (Article 81 of the Labor Code of the Russian Federation).

The part-time employee must be familiarized with the notice of dismissal in person; his signature on the notification form will serve as confirmation of familiarization with the document. If the employee refuses to familiarize himself, the warning must be read aloud to him in the presence of at least two witnesses.

Since we are talking about dismissal at the initiative of the employer, the dismissed person should not be on vacation or sick leave on the day of termination of the employment contract. Does it make sense to take sick leave after a layoff and how it is paid, read here, and you can find out about the procedure for reducing staff here.

Dismissal of an internal employee

Let's consider the procedure for reducing internal part-time employees. If there is a need to lay off an internal part-time worker, then there is no need to invent anything new. The procedure is identical to that followed when dismissing a part-time employee of an external type.

In the same way, the employee should be notified of the layoff two months in advance and a corresponding order should be issued. The latter must specify all changes in the structure of the enterprise, as well as the staffing table.

During the above-mentioned two months, the employer must offer a list of possible jobs in his organization that can be filled by the person who is about to be fired.

At the same time, the vacancies that the employer offers may be less interesting for the employee, pay worse, or require a skill level lower than the employee currently has.

Unfortunately, this happens very often when layoffs are urgently required. The proposed options often do not suit the employee who loved his previous place and did not want to part with it at all.

If a part-time worker refuses to take up the positions offered to him, then the employer has no choice but to fire him and this will be in full compliance with the Labor Code of the Russian Federation.

Documentation

When dismissing an internal part-time worker, the following documents are needed:

1. Reduction order.
2. Notice of dismissal.

Important. Just like when dismissing an external part-time worker, in order to lay off an internal one, it is mandatory to collect the above-mentioned documents.

If this is not done or done poorly. For example, if a list of possible positions for transfer is not written down, an illegally dismissed employee can appeal to the nearest branch of the city court, which will undoubtedly take his side and oblige the illegal employer to reinstate him in the same position.

Payments

As in the case of external, severance pay is paid to part-time workers upon layoff, as well as:

1. Full salary, which corresponds to the time that a person has worked in the organization.
2. And compensation for not fully used vacation, if any.
3. An exception for people who lose all means of subsistence upon dismissal is to maintain their average income for up to 2 months. If the dismissed person is employed elsewhere, then he is automatically exempt from this right.

Payments for layoffs of internal part-time workers must be made!

What is the severance pay, compensation and other payments?

In fact, the dismissal of a part-time worker due to a reduction in positions or the number of employees of the company is no different from the termination of employment relations with main employees on the same grounds. The difference lies in the payments due to persons dismissed on the basis of paragraph 2 of part 1 of Article 81 of the Labor Code of the Russian Federation.

In accordance with labor legislation, dismissed employees receive the following guarantees and compensation payments:

• wages for the period worked;
• compensation for unused vacation (if there are unused vacation days);
• severance pay, which was the average monthly salary (Article 178 of the Labor Code of the Russian Federation).

The norms of Article 178 of the Labor Code of the Russian Federation provide for compensation in connection with the termination of labor relations on the basis of a reduction in positions or the number of employees of the company:

• preservation of average monthly earnings for up to two months, provided that the employee was unable to find a job;
• preservation of the average monthly earnings for the third month in exceptional cases and subject to registration with the relevant employment authority no later than two weeks after dismissal, and in the absence of employment.

Thus, the basis for paying compensation to dismissed employees is their lack of permanent employment and difficulties in finding employment.

At the same time, since we are talking about persons working on a part-time basis (both external and internal), then in addition to their part-time position, they have another main place of work (at the same or another enterprise). Accordingly, there are no grounds for laid-off persons working part-time to receive compensation payments for the period of employment.

Are guarantees and compensation provided to internal part-time workers in case of layoffs?

Our head of the administrative and economic department works part-time as a storekeeper, and this position has been laid off. I, of course, know the general rules for layoffs, but what to do with an internal part-time worker? Do I need to offer a transfer to another job? And most importantly, should I pay severance pay upon dismissal? After all, the employee does not lose his main job! Please help me figure it out.

We will not discuss the general rules for reducing the number or staff of an organization’s employees - we will focus on the specifics of reducing internal part-time workers.

To begin with, let us remember that part-time work is work on the basis of a separate employment contract. The fact that an employee works part-time does not in any way affect his wages, vacation duration or other labor rights. At the same time, the law limited the rights of part-time workers to receive certain guarantees and compensation.

Thus, they are not provided with guarantees and compensation related to training and work in the Far North and equivalent areas (Part 1 of Article 287 of the Labor Code of the Russian Federation).

EXAMPLE

S. filed a lawsuit against the federal government institution “Financial Support Department of the Ministry of Defense of the Russian Federation for the Murmansk Region” (hereinafter referred to as the Department) for the recovery of wages.

To substantiate the claims, the plaintiff indicated that he worked in the Department as an engineer at his main place of work and as an internal part-time employee as a card accounting engineer.

In 2011, S. was fired due to a reduction in the organization's workforce. In the lawsuit, S. appealed the actions of the defendant, who paid him the average earnings for the fourth and fifth months only for his main job (position).

IMPORTANT!

Part-time workers do not have the right to receive guarantees and compensation related to training and work in the Far North and equivalent areas

The court indicated that in accordance with Parts 1 and 2 of Art. 178 of the Labor Code of the Russian Federation, upon termination of an employment contract due to a reduction in the staff of the organization, the dismissed employee is paid severance pay in the amount of average monthly earnings, and he also retains the average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay) .

According to Parts 1 and 2 of Art. 318 of the Labor Code of the Russian Federation, an employee dismissed from an organization located in the Far North and equivalent areas due to a reduction in the organization’s workforce is paid a severance pay in the amount of average monthly earnings; he also retains the average monthly salary for the period of employment, but not more than three months from the date of dismissal (including severance pay). In exceptional cases, the average monthly salary is retained by the specified employee during the fourth, fifth and sixth months from the date of dismissal by decision of the employment service body, provided that within a month after dismissal the employee applied to this body and was not employed by it.

In accordance with Art. 287 of the Labor Code of the Russian Federation, guarantees and compensation to persons combining work with training or working in the Far North and equivalent areas are provided only at their main place of work.

Resolving the dispute, the court came to the conclusion that for the fourth and subsequent months after dismissal, the plaintiff does not have the right to retain his average earnings and to be paid for part-time work. The court rejected S.'s claim.

At the same time, benefits associated with study leaves or work in areas with special climatic conditions are provided to part-time workers at their main place of work.

The remaining guarantees and compensations provided for by labor legislation, other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full (Part 2 of Article 287 of the Labor Code of the Russian Federation).

It would seem that from this we can conclude that all those guarantees and compensations to which main employees dismissed due to staff reduction are entitled are provided to the same extent to internal part-time workers. But is it? Let's figure it out.

IMPORTANT!

An employee can have only one main place of work

Guarantee 1. Preferential right to remain at work when the number or staff of an organization’s employees is reduced (Article 179 of the Labor Code of the Russian Federation). Let us remind you that employees with higher labor productivity and qualifications have a preferential right to remain at work.

Let's say an employer is laying off several staff positions for one position. Moreover, one of them is replaced by an internal part-time worker. Should the employer evaluate his work performance and level of qualifications and thereby take into account his right to remain in work? There are no exceptions to this effect by law.

YOU SHOULD KNOW THIS

Qualification is the level of knowledge, skills, professional skills and experience of an employee (Article 195.1 of the Labor Code of the Russian Federation)

Let us note, however, that with equal labor productivity and equal qualifications, the employer more often makes a choice in favor of an employee who loses his main job, and this, of course, is fair.

Guarantee 2. Transfer to another existing job (vacant position) (Part 1 of Article 180 of the Labor Code of the Russian Federation).

This guarantee - an offer to transfer to another suitable vacant job - is intended to secure employment for the employee subject to redundancy.

But a part-time worker, by definition, has the main place of work! How to act in this case, given that labor legislation interprets the situation as a whole, without specifying the rules in relation to one or another category of workers?

Is it possible to offer a part-time employee a transfer to full-time vacancies? Of course not, since there can only be one main place of work.

The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law (Part 2 of Article 282 of the Labor Code of the Russian Federation). Therefore, in this case, the employer can offer released part-time workers only those vacant positions that it plans to fill on a part-time basis.

If full-time employment is expected, then only those employees for whom this work will be the main one can and should be invited to such positions.

If the employer does not have vacancies to fill on a part-time basis, the part-time worker being laid off should be notified about this in writing (example).

Guarantee 3. Cash payments in connection with layoffs. According to Part 1 of Art. 178 of the Labor Code of the Russian Federation, upon termination of an employment contract due to the liquidation of an organization (clause 1, part 1, article 81 of the Labor Code of the Russian Federation) or a reduction in the number or staff of employees (clause 2, part 1, article 81 of the Labor Code of the Russian Federation), the dismissed employee is paid severance pay in the amount of average monthly earnings; average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay).

Is a part-time worker entitled to severance pay?

Upon dismissal, severance pay to a part-time employee is paid on a general basis on the last day of work, along with all payments included in the total amount of the final payment (wages due on the day of dismissal and compensation for unused vacation).

Summary

An internal part-time employee upon dismissal due to staff reduction is paid severance pay. The average salary for the period of employment is not retained for him, since he is employed at his main place of work.

The average salary is retained by the dismissed employee for the period of his employment and is intended to ensure his existence for this time. However, the part-time worker is not looking for a job, since he has a permanent place of work. This means that his average earnings for the period of employment are not retained.

EXAMPLE

Notifying a part-time worker about the lack of suitable work (fragment)

Magazine: Everything for the personnel officer, As of: 07/15/2013 14:54:00, Year: 2013, Number: No. 8 Author: Galaida Lyudmila Evgenievna

What does a notification look like?

When terminating an employment relationship due to a reduction in positions or number of employees, the employer is required to follow a certain procedure. An important condition for the legality of dismissal due to reduction is the delivery of notice to the employee of the upcoming termination of legal relations.

Its form has not been approved at the legislative level, that is, the employer has the right to develop it independently.

However, the notice of reduction must include the following information:

• Business name;
• last name, first name, patronymic, position held of the employee being warned about the layoff;
• information about the order in accordance with which organizational and staffing measures are carried out;
• date of dismissal;
• list of vacant positions offered to the employee.

Thus, notice of impending dismissal due to a reduction in the number or staff of employees given to a part-time worker is similar to the warnings issued to employees working at their main place of work.

The law does not provide for significant differences between dismissal due to staff reduction of main employees and part-time employees. The only difference is in the payments due to dismissed employees: since part-time workers have their main place of work, they are not entitled to compensation payments in the amount of the average salary for the second and third months after the termination of their employment relationship.

Reducing the number of employees is not a pleasant procedure, but a few enterprises manage to avoid it. This phenomenon is one of the likely reasons for the breakdown of labor relations.

In this case, the initiative is taken by the employer, referring to clause 2 of Art.

81 TK. Reduction of external part-time workers occurs according to general rules.

Features of the procedure are described below.

Is an employer obligated to offer vacant positions?

Such a duty does exist. Even though such categories of persons have main positions.

It is not recommended to neglect such an obligation, otherwise the case may end up in court. And if the judge finds the dismissal illegal, then the person will have to be reinstated at his previous place of work, pay him money for the period of forced absence, as if he had worked all this time, and start the layoff procedure all over again.

Of course, if there are no other available places to do the work, then the employer will have nothing to offer, so the obligation to offer arises only if there are vacancies.

As can be seen from the information presented, measures to reduce employees who are internal and external part-time workers differ slightly. There is also no big difference when laying off employees who lose their main place of work.

External part-time worker – who is he?

External part-time workers (ES) include those employees who have several jobs. However, one of them is the main one. For the rest, the person is listed as a military personnel and performs duties during the time free from the main work. Most often, these are weekends and hours after the end of the official working day.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

The legislation does not limit the number of additional organizations in which a part-time worker can work. His work must be officially documented, and the company and the employee himself must pay taxes in good faith.

The contract with the part-time worker is concluded on:

• specific period;
• an indefinite period, that is, it is indefinite.

The employer has the right to dismiss an external part-time worker on the same grounds as a full-time employee. This also applies to reductions.

Reduction of part-time workers due to staff reduction

Reduction of part-time workers is carried out in accordance with the general procedure.

They have the full scope of rights and guarantees upon termination of the contract on this basis.

The fact that a part-time worker has another job does not affect the payment of severance pay. He is fully subject to the compensation provisions.

Domestic

Internal part-time workers perform additional work in their free time from key activities.

The peculiarity is that they have a single employer at their main and additional places of work.

It is necessary to distinguish part-time work from combining positions, when an employee performs additional duties during working hours.

For internal part-time workers, the same rules apply as for other workers when the number of employees is reduced.

Stages of the procedure

The staff reduction process involves the following stages:

• generation of a reduction order;
• notification of workers about upcoming layoffs;
• offering workers vacancies that are open with the employer;
• notification of the trade union and employment authority;
• termination of contracts with workers.

How to properly file a dismissal for drunkenness? Read about dismissal of an employee during a probationary period here.

Job offer

According to Art. 180 of the Labor Code of the Russian Federation, the employer is obliged to offer the worker a vacant position at the enterprise.

In this case, the following conditions must be met:

• the work must be suitable for the employee taking into account his state of health;
• the workplace must be located in the same area (other may be stated in the collective agreement or labor agreement).

Who needs to be notified?

Each employee with whom the employment contract will be terminated on this basis must be notified of a reduction in headcount or staff.

This is stated in the Labor Code of the Russian Federation. The fact of notification is documented. These steps must be completed 2 months before the day of dismissal.

Documenting

The reduction procedure is spelled out in some detail in the Labor Code of the Russian Federation. It is very important to comply with all legislator requirements, since a violation may result in adverse consequences for the employer.

So, first of all, it is necessary to issue an order to reduce the number or staff.

This document specifies positions to be liquidated or specific employees whose employment contracts will be terminated. It also specifies the persons responsible for notifying relevant employees of dismissal.

An example of a reduction order:

At the next stage, a notice of reduction is issued.

In this case, workers must be familiarized with this document upon signature. If an employee refuses to voluntarily sign the act, then it can be sent by mail with acknowledgment of receipt.

The document specifies the planned date of dismissal, reasons for reduction and information about vacant positions.

Example notification:

A job offer can be made in the form of a letter. It specifies positions and salaries.

After the expiration of the two-month period, the employer can issue an order to dismiss employees.

The corresponding article of the Labor Code of the Russian Federation is prescribed as the reason for termination of the agreement. The worker must be familiarized with the document against signature.

Payments

If a part-time worker is laid off, he or she is paid:

• severance pay;
• the amount of wages for the time worked;
• payment for unused vacations.

Thus, he receives the same amounts as other employees. The only exception is the right to maintain average income for a period of up to 2 months.

This payment is reimbursed when the employee loses his livelihood. However, the part-time worker already has his main place of business, which means these funds are not paid to him.

External

External part-time workers work for two or more different employers. If the process of reducing the number or staff is carried out in relation to such employees, they are subject to all the rules approved in the Labor Code of the Russian Federation.

We are talking about guarantees and compensation. The procedure itself is also identical.

Stages of the procedure

The reduction procedure is similar to the one we considered for internal part-time workers. First, an order is issued regarding future layoffs. Based on this document, notifications are created and presented to employees for signature.

This is a prerequisite for legal reduction in numbers and staff.

If these actions were not carried out, then employees can challenge the legality of dismissal in court.

Job offer

Once the notifications have been presented to the employees, the vacancies are offered to them. If an employee works on an external part-time basis, then he should be offered the appropriate vacancies. He can agree to the employer's offer or refuse.

Vacancies are offered in the same area, unless otherwise provided by the company’s internal documents.

Who needs to be notified?

All employees are notified of upcoming layoffs.

External part-time workers should also be aware of this and confirm in writing the fact of familiarization. Otherwise, the employer may be held liable.

When an external collaborator refuses to accept a document and sign for it, the organization may send notice by mail.

The procedure for dismissal for absenteeism can be found on our website. They don't pay me upon dismissal - where to go? Find out here.

Do you need to resign if you join the army? Information is in this article.

Documenting

The process of reducing numbers and staff for external part-time workers is exactly the same as for internal ones. The documentation of the procedure is no different.

First, the employer generates an order, then employees receive a notification. The form of the reduction order is not defined at the legislative level. It is published in free form. The order must specify the date of the upcoming reduction. This is necessary in order to determine the notice period for employees, as well as to perform other actions related to this procedure.

Information about available vacancies is provided in writing.

Please note that it is not enough to offer vacant positions once. These steps should be performed regularly as vacancies arise until the day the part-time employee is dismissed.

The notification form for vacant positions is also not approved by law.

This document is filled out randomly.

The procedure ends with the issuance of an order to dismiss the employee and making a certain entry in the employee’s work book.

It must indicate the exact article of the Labor Code of the Russian Federation.

Step-by-step instructions for reducing an external part-time worker

Compliance with the sequence of reduction of external part-time employees is just as necessary as when carrying out a similar procedure for payroll employees. The following steps should be taken:

Important! To avoid legal proceedings, it is reasonable for the employer to comply with all the requirements described in the Labor Code, including Art. 82 TK .

Example.

Koltsova V.S.’s place of work, where she works full time, is Raketa LLC. She is a bookkeeper. In addition, Koltsova holds the position of chief accountant at Zaryana LLC (since June 2021). As of April 2021, she was fired from Zaryana due to layoffs. Labor Koltsova noted:

How is staff reduction made?

The whole procedure looks like this step by step:

1. The commission decides on the need to reduce the number of employees. Most often this happens in order to save the organization’s budget.
2. The manager issues a corresponding order.
3. All employees are notified.
4. Employees are informed of all available vacancies that can be filled after layoffs.
5. Notifications are sent to the Employment Center and the Trade Union.
6. Employment contracts are terminated.

Deadlines

Each stage must be completed within a certain time frame:

If an employee refuses the offered vacancies in writing, the employer has every right to fire him . An exception is pregnant girls: termination of an employment contract with them under Art. 81 of the Labor Code of the Russian Federation is possible only upon liquidation of the enterprise.

How to notify employees?

Separate notices are drawn up for each employee using a single template. What they should contain:

• Issue date and number.
• Name of company.
• FULL NAME. and the position of the employee to whom it is addressed.
• When was it decided to make the reduction?
• Notification of liquidation of a position held by a subordinate.
• Estimated date of dismissal.
• List of available vacancies.
• Signature of acquaintance.
• Manager's signature.

Notice to employee

Notification forms for the Job Center

There is no unified template, so this document can be drawn up in free form, but must contain the following information:

• Company name, full name leader.
• List of employees being laid off by name and their positions.
• Education and work experience of those being laid off.
• Salary amount.

Notification

Order to dismiss an external part-time worker

Such a document is drawn up according to a standard form. T-8. It contains:

• Full name of the employee being dismissed due to reduction;
• the position he held;
• personnel number, if available;
• date of termination of the employment relationship;
• grounds for dismissal;
• information on compensation payments and withholdings;

The order is signed by the employer.

The part-time worker must familiarize himself with the text of the order and put his signature on it.

Additional reasons for laying off an external part-time worker

The Labor Code contains Art. 288, according to which it is allowed to terminate the employment relationship with a part-time worker if the employer has decided to hire the employee for this position on a permanent basis. To make changes legally, you must:

• notify the Armed Forces in writing 2 weeks before terminating the employment relationship;
• the agreement on the Armed Forces must be concluded for an indefinite period. When the end date is specified, the part-time worker has the right not to leave the workplace early.

Important! When a part-time worker is fired without providing written notice on time, he will receive the right to satisfaction in court, and, most likely, will win.

About notification of the employment service

The employment service must be notified when staffing is reduced. In the case of part-time workers, the requirement remains the same. The notification is sent to the service for one purpose - to avoid further proceedings. For example, if they later find out that the part-time worker did not have a main place of work.

The service must be notified a maximum of two months before organizing the relevant events. You can send a document earlier, but not later. The main thing is to provide the following information:

• Job title.
• Profession.
• Speciality.
• Qualification requirements.

If the reduction leads to mass layoffs, then three months' notice is required.

The notification assumes a free form of preparation; there are no strict requirements for the document.