Reduction of a part-time worker: we pay severance pay in the general manner. Companion dismissal. Step-by-step instruction

The dismissal of part-time workers has some peculiarities. This article will focus on the reduction of part-time workers in connection with the reduction of staff, on dismissal own will and about dismissal when hiring the main employee.

Part-time employees are the same employees of the company, like everyone else. The only difference is that they work less time. In this regard, their dismissal occurs according to the general rules.

Employers do not have the right to fire part-time employees who are on vacation and on sick leave.

If the part-time worker worked on an urgent basis labor contract, the reduction of a part-time worker can be made no earlier than the expiration of this contract.

If the contract between the employer and the part-time worker is open-ended, then the employer has every right to dismiss the part-time worker if the main employee is found in his place.

Dismissal due to downsizing

If the dismissal of a part-time job occurs due to a reduction in the number of staff, the employer is obliged to notify the dismissed employees about this at least two months in advance. Notice of dismissal must be made against signature.

The legislation has not developed a specific form of notification of employees. In this regard, employers can write a notice of the reduction of an external part-time worker to reduce staff in a free form.

The legislation informs that the dismissal of a part-time job for this reason can be made only if it is not possible to transfer him to another position available to the employer. It is the responsibility of the employer to offer the part-time job of all vacant positions.

That is, the procedure for reducing part-time workers in connection with a reduction in staff is carried out in general order. When carrying out this procedure, employers are required to comply with all provisions of labor legislation relating to this issue. If the employer does not comply with all these provisions, the dismissal will be declared illegal. In such a situation, the employer will have to reinstate the part-time job in the previous position.

Dismissal of a part-time worker at his own request

If a part-time employee decided to quit on his own initiative, his dismissal is carried out in the same manner as the dismissal of an ordinary employee.

First, the employee writes a letter of resignation, then the employer issues a dismissal order. After that, the part-time worker must work for another two weeks.

The date of dismissal cannot be a weekend or holiday, even if the part-time worker worked on that day. After all, from the last working day, a settlement must be made with a former employee, and accounting does not work on weekends.

Dismissal of a part-time worker in connection with the hiring of the main employee

If the main employee was found for the position in which the part-time employee works, the employer has every right to reduce the part-time employee. In this case, the part-time worker is sent a written notice two weeks before the dismissal.

Moreover, if the part-time worker leaves the main place of work, part-time work will be recognized as the main one. In such a situation, the employer will not be able to reduce the internal part-time job.

Payments to a part-time worker upon dismissal

In accordance with the law, the employer is obliged to make a full settlement with the former employee on the day of his dismissal. It is worth noting that when reducing an external part-time job to reduce staff before the end of the working year in which he already received paid leave, deductions for unused vacation days are not made.

When a part-time worker is dismissed due to a reduction in the staff of the organization, the employer is obliged to pay him a severance pay. The amount of this allowance is average earnings partner per month. The legislation states that employers must pay exit allowance to all employees who are laid off due to staff reduction, regardless of whether they are part-time workers or main workers.

As you know, employers must warn employees about dismissal two months in advance. early termination is possible only if the employee confirms his consent in writing. In such a situation, the employer will also have to pay compensation for the unfinished time.

In practice, it is not at all easy to comply with the reduction procedure, especially when the requirements of the legislation are not formulated precisely enough. Meanwhile, dismissal can be declared illegal if the employer allows the slightest deviation from the established procedure ...
The issue of reducing a part-time job is quite problematic.
For example, the company employs part-time workers under an indefinite employment contract. Is the employer obliged to offer redundant employees positions occupied by part-timers?
The employer does not have such an obligation, since the position for which a part-time employment contract is concluded is not free.

The Labor Code of the Russian Federation does not disclose the concept of a vacant position. Arbitrage practice recognizes as such a position for which no employment contract has been concluded. A position occupied by a part-time worker cannot be considered vacant.

At the same time, the law allows you to terminate an indefinite-term employment contract with a part-time job if you hire an employee for whom this work will be the main one. Therefore, the employer has the right, but is not obliged to offer the position of part-time employees to downsizing employees. And even if the downsized employee claimed to be a part-time worker as the main one.

What positions can be offered to a part-time worker

The employer must offer the reduced part-time job vacancies that are suitable for the qualifications of the employee, but are not part-time jobs. During the entire period of the redundancy measures, the employer is obliged to offer the reduced employee vacant and not contraindicated for health reasons:
- positions or jobs corresponding to the qualifications of the employee;
- lower positions or lower paid jobs.

Part-time workers are entitled to the guarantees and compensation provided for in the reduction, in full. Consequently, the employer must, in writing and against signature, offer them all the vacancies he has in the given area, even if the vacant positions are not part-time jobs. Otherwise, the rights of the employee will be violated.

Job offer

The moment when you need to send a notice of vacancies in connection with a reduction in staff is not established by law. In practice, an employee is offered a different available job at least three times during the term of the notice of termination: at the notice of the reduction, one month after that, and before the day of dismissal. The notice must be drawn up in any written form and hand it over personally to the employee against signature.

For part-time workers, restrictions on the duration of working hours are established, since they have a main place of work. In this regard, the notification must indicate not only the name of the proposed positions, the amount of salary for each of them, but also the mode and nature of the work.

Payment of severance pay to a reduced part-time worker

Dismissal of a part-time job when reducing the main position
The employee holds the main position on an internal part-time job. The employer is going to cut this position. How to be in this case?

Firstly, it is necessary to ensure that the established procedure for dismissal to reduce staff from this position is observed.
Secondly, with the consent of the employee, formalize his transition from part-time work to the main job. To do this, you need to dismiss the employee from part-time work (by agreement of the parties or of their own free will) and after that take him to the main job.

Many lawyers believe that part-time work can become the main way to conclude additional agreement about changing the terms of the employment contract. However, this option seems risky. The procedure for entering work book records of the transfer from part-time work to the main job is not regulated by the rules and threatens with violations.
A controversial entry in the work book can lead to disagreements with the FSS of Russia. The records taken into account when calculating the insurance period must comply with the labor legislation in force on the day they were entered in the work book (clause 24 of the Rules approved by order of the Ministry of Health and Social Development of Russia dated February 6, 2007 No. 91).

Notification of the employment service about the reduction of a part-time job

The employer is obliged to notify the employment service in accordance with the generally established procedure of the upcoming dismissal of part-time workers to reduce staff. All requirements of labor legislation regarding the downsizing procedure for part-time workers are fully complied with.
Not later than two months in advance, the employer must send to the employment service authorities in writing information about the reduced employees. If the reduction may lead to mass layoffs, then a notice must be sent at least three months before the start of the relevant events. Otherwise, the organization may be fined from 3,000 to 5,000 rubles.

Several articles Labor Code devoted to the procedure for reducing staff, guarantees and payments for employees who fell under the "optimization" of personnel. It is wrong to think that they concern only the main workers. In full accordance with the requirements of the Labor Code, there is also a reduction in the external part-time job.

Compatibility from the point of view of the law

Before considering how the reduction of part-time workers occurs due to staff reduction, it is necessary to clarify who they mean by them. These are workers who have the opportunity and desire, in addition to their main job and in their free time, to work in one more place. It can be within the same company where the main job takes place (internal part-time work), or in a completely different company (external part-time job). In any case, a separate employment contract is concluded with a part-time worker. The definition of these terms is given in Article 60.1 of the Labor Code of the Russian Federation.

What is guaranteed to external part-time workers when reducing

The whole 44th chapter is devoted to the institute of part-time work in the Labor Code, since it has features in terms of registering an employee, remunerating his work, and calculating hours worked. However, with regard to the guarantees provided to the main employees, the following remark is made in the code (Article 287): they almost completely apply to employees working in companies part-time. An exception is made for two preferences provided only for the main workplace:

guarantees/compensations for citizens working in difficult conditions of the Far North (and areas equated to it);
guarantees/compensations provided for employees who combine the work process with education.

This means that the reduction of the external part-time worker for the reduction of staff (as well as the internal one) is carried out according to the standard rules established by the Labor Code. Like the main employee, with a reduction under paragraph 2 of Art. 81 of the Labor Code of the Russian Federation, he has the right to count on the following guarantees:

management must notify the subordinate in writing about the upcoming dismissal 2 months in advance (Article 180 of the Labor Code);
he is obliged to offer vacancies if they are available in the organization, and his qualifications and state of health allow him to take them (81st article of the Labor Code of the Russian Federation);
reduction of a part-time worker is not allowed if he is on sick leave or on vacation;
if the part-time worker is a pregnant woman, it cannot be reduced until she exits the decree (Article 261 of the Labor Code).

Part-time workers are also subject to the 179th article of the Labor Code - on the preemptive right of certain categories of workers to avoid layoffs. And the combination itself is not an additional reason to fall under it.

Severance pay in case of reduction of a part-time worker

Severance pay for external part-time workers is paid on the basis of Article 178 of the Labor Code - having fallen under the reduction, the part-time worker receives an additional payment equal to his monthly earnings from this employer. But if the reduced part-time worker continues to work at his main job, he cannot count on maintaining the average earnings laid down for the period of employment.

We are talking about payments, which, according to 178 Art. A TC, an employee dismissed on a reduction basis, has the right to receive 2 months after the loss of a job (with a severance pay offset), if he could not find a new one. In the case when he was registered with the employment service in a timely manner, and they also could not help him, the period for receiving severance pay is extended for another 1 month.

However, the reduction of a part-time employee usually does not imply a complete deprivation of livelihood, since he still has the main labor activity that brings a certain income. And such material support is provided to mitigate the periods when the reduced citizen loses the opportunity to independently earn a living while looking for work.

The reduction of an internal part-time worker for redundancy implies similar rules regarding severance pay. Only if the same employer simultaneously terminated both employment contracts(part-time and main), and one of them - due to staff reduction, the employee will be able to claim payments within 2-3 months after dismissal.

The reduction of part-time workers due to a reduction in staff causes difficulties for many employers, and employees are interested in the question of what rights they have, and is there a chance that they will not terminate the contract with them?

What does the law say?

According to the 287th article of the Labor Code (Labor Code of the Russian Federation), subordinates who work part-time are provided with the same guarantees and compensation as for the main employees. The only exceptions are the following groups:

people who work and study;
inhabitants of the Far North.

In accordance with Article 179 of the Labor Code of the Russian Federation, if dismissal is due due to a decrease in the number of employees, then the director must first of all leave people with high productivity and qualifications, as well as those with whom they do not have the right to terminate the contract (if the person is on vacation, one is raising a child, and so on). The reduction of a part-time worker in this case is allowed and does not contradict the law. But according to the 1st part of the 180th article of the Labor Code of the Russian Federation, the head is not relieved of the obligation to offer the person another place in the company and issue all the due payments.

For reference! If the subordinate does not work full-time, but at the same time is included in the group of privileged categories of workers, then they also do not have the right to terminate the contract with him.

Termination of the contract

The head is not released from the obligation to notify the subordinate, who combines positions, about the upcoming reduction in staff. This must be done in the standard manner, at least 2 months before the release of the order.

The order of reduction of part-time workers in connection with the reduction of staff:

Notify the employee against signature of the intention to dismiss him.
Offer all available vacancies suitable for health.
If the employee does not agree, then notify him that there are no other places.
On the specified date, an order is issued to terminate the contract.

If the manager violated the rights of a subordinate - did not warn in advance about the upcoming reduction in staff, did not offer another vacancy, then any of the employees has the right to sue the director or apply to the labor inspectorate.

Important! As in the case of ordinary subordinates, a part-time worker can take a vacation before terminating the contract.

If a subordinate combines positions at one enterprise, and the boss must reduce him with an additional one, then the employer is not obliged to offer another vacancy, since the employee retains the position at the main place of work.

Dismissal of an internal part-time worker

Internal collaboration is extra work performed by a person in one organization. When terminating a contract with this group of workers, there are some nuances.

If, when an internal part-time job is reduced, he is dismissed from the main position, then according to Article 288 of the Labor Code of the Russian Federation, the place where he additionally works can become the main one, if the director has not decided to take another employee to this place, for which the position will become the main one.

When an employee is dismissed from a non-primary job, he is entitled to only severance pay. All other payments due under the downsizing will not be paid by law.

Dismissal of an external part-time worker

The general procedure for terminating the contract upon downsizing or abolishing the department for an external part-time job remains the same as for ordinary subordinates.

However, there are peculiarities in terms of accrual of compensation. If a person left his main job in another organization by the time the additional position was liquidated, then he is entitled to all the compensation paid upon dismissal due to staff reduction. When reducing an external part-time job from the place where he works part-time, while having another job, he is entitled to only severance pay.

Contract termination notice

With this document, internal and external part-time workers must be familiarized against signature. If the employee refuses to do this, then you can send the paper by mail.

Sample notification.

Before starting the procedure for terminating a contract with an employee who combines several positions, the employer must notify the employment center of his intentions.

Due payments

severance pay should be issued to all dismissed, regardless of their employment at the enterprise. In addition to this, the law provides for other compensations for subordinates.

Pay List:

remaining salary;
compensation for unused vacation;
compensation for the first 2 months from the moment of leaving (if a subordinate was fired from his main position, he joined the labor exchange and did not find a job);
payment for early termination labor contract.

The part-time worker, according to the current legislation, is entitled to the same leave as the main employee. If he did not use his right to rest earlier, then unclaimed days should be compensated at the time of dismissal from the organization.

An employee who left early cannot receive compensation for leaving earlier than the official reorganization deadline if he combines the main position and an additional one at the same enterprise. The issuance of a payment for the early termination of the contract, as well as compensation for the period of employment, can only occur when the external part-time worker leaves for reduction.

I work as an external part-time worker, I have a main job. My part-time position in two months is subject to reduction. When handing me the redundancy notice, the HR specialist said that I was not entitled to any payments during the reduction, since I have permanent place work. Why is the severance pay for a part-time worker not entitled to a part-time job during a reduction in staff, am I not the same worker as the others?

In the amount of the average monthly salary with a reduction in the number or staff paid on the same basis as other employees. It is possible that the specialist of the personnel department had in mind the preservation of the average monthly earnings for the period of employment. But this question also does not have a clear answer and depends on specific situation, so we'll come back to it later.

In accordance with Part 2 of Art. 287 of the Labor Code of the Russian Federation, persons working part-time are subject to all guarantees and compensations provided for by the Labor Code of the Russian Federation, the collective agreement, and other regulatory legal acts containing the norms of labor legislation. Only guarantees and compensations related to work in the regions of the Far North and equivalent areas, as well as those related to education, do not apply. These guarantees and compensations are provided only at the main place of work, as indicated by Part 1 of Art. 287 of the Labor Code of the Russian Federation.

Part 1 Art. 178 of the Labor Code of the Russian Federation establishes the amount of severance pay, which is paid to an employee in the event of dismissal due to the liquidation of the organization, reduction in the staff or number of the organization. The article in question establishes exactly the size of the severance pay; no restrictions have been established for making payments.

Severance pay to a part-time job is also paid in other cases (part 3 of article 178 of the Labor Code of the Russian Federation):

refusal of an employee to transfer to another job, necessary for him in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts Russian Federation, or the lack of an appropriate job for the employer;
employee call for military service or by sending him to an alternative civilian service that replaces it;
reinstatement of an employee who previously performed this work;
refusal of the employee to transfer to work in another area together with the employer;
recognition of an employee as completely incapable of labor activity in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation;
refusal of the employee to continue work in connection with a change in the terms of the employment contract determined by the parties.

So, severance pay to a part-time worker is paid in cases established by labor legislation, on a general basis. And is no exception.

Let's return to the preservation of the average monthly earnings for the employee for the period of employment. It is impossible to say unequivocally that it is not saved for a part-time worker. You need to make sure that the part-time worker has a job. It is possible that he quit his main job and will become unemployed at the time of the reduction, therefore, guarantees for the period of employment should be provided to him.