How to make it possible to dismiss the external part-on to reduce? What payments need to do? Reducing the part-time: Pay the output allowance in general

How to make it possible to dismiss the external partner to reduce the state? What payments are followed by the part-time when dismissal? Experts of legal consulting service guarantors answered these issues

01.07.2016

In accordance with paragraph 2 of the first part of Art. 81 of the Labor Code of the Russian Federation the employer may be terminated on the initiative of the employer in connection with the reduction of the number or staff of the organization's employees. At the same time, the legislator established a number of restrictions obligatory to use when dismissing employees in connection with the reduction in the number or staff of employees of the organization. Thus, the employer must exclude from the list of workers who may affect measures to reduce the number (state), pregnant women, employees with children listed in the part of the fourth century. 261 of the Labor Code of the Russian Federation, as well as other workers who cannot be dismissal from paragraph 2 of the first part of Art. 81 TK RF.

Part-time persons, by virtue of the second part of Art. 287 of the Labor Code of the Russian Federation are provided with all guarantees and compensation associated with the termination of the employment contract on this basis, which are provided for by law.

In other words, all the requirements of labor legislation relating to the procedure for reducing the number of organizations (staff) of employees of the organization are applied to employees working on a part-time basis. The procedure for dismissal due to the reduction for all the overall, established by the Labor Code of the Russian Federation, without any exceptions, including in relation to partners.

According to Art. 179 of the Labor Code of the Russian Federation the preemptive right to leaving at work while reducing the number or staff is provided to employees who have higher qualifications and productivity. If these indicators have the same employees, the employees who have a family with two and more dependents, persons who have no other employees with independent earnings, and other categories listed in the second Article, are predominant. 179 TK RF. The collective agreement may include other categories of workers who are advantageous by the right to leaving at work with equal productivity and qualifications.

The procedure for dismissing the external partbook

About the upcoming dismissal in connection with the reduction in the number of employees of the organization, employees are presented by the employer personally and under painting at least two months before dismissal (part of the second Art. 180 of the Labor Code of the Russian Federation). Accordingly, the notification of the part-time worker about the upcoming dismissal necessarily. It also follows from this article that a specific date of dismissal should be in the warning. Mandatory requirements for making the warning about the upcoming dismissal of the employee does not establish legislation, so the notification form of the employer develops independently.

According to the part of the third Art. 81 of the Labor Code of the Russian Federation dismissal to reduce the number (state) is allowed if it is impossible to translate an employee from his written consent to another employer available to the employer. The employer is obliged to offer an employee all vacant positions or work available from him in a given area, both the relevant qualifications of the employee and the lower positions or the lower job, which the employee can perform with the state of health. Offering vacancies in other locations, the employer is obliged if it is provided for by the collective agreement, agreements, an employment contract.

Thus, the procedure for reducing the part-time employee is carried out in a general order with the obligatory compliance with the norms of labor legislation regulating the procedure for reducing the number or staff of employees of the organization (Article 81, 82, 179,180 of the Labor Code of the Russian Federation). If the employer does not notify the part-time worker about the upcoming reduction, will not offer him a different work available at the employer, will not consider the issue of preferentially leaving the plaintiff at work, then the dismissal is illegal and the part-time is subject to recovery on the previous work, that is, by previously held positions ( Definition of SC on civil cases of the Moscow City Court of 24.06.2011 No. 33-18240).

Payments when dismissing the external partbook

According to the part of the fourth Art. 84.1, parts of the first Art. 140 of the Labor Code of the Russian Federation, with the termination of the employment contract, the payment of all amounts due to the employee from the employer is produced on the day of the dismissal of the employee. At the same time, when dismissing an employee due to the reduction in the number or staff of employees of the organization before the end of that working year, which he has already received an annual paid vacation, hold for the unworn days of vacation is not produced (part of the second Art. 137 of the Labor Code of the Russian Federation).

When terminating the employment contract in connection with the reduction in the number or staff of employees of the organization to the dismissal employee under Art. 178 of the Labor Code of the Russian Federation is paid a day off manual in the amount of average monthly earnings. How directly follows from Art. 178 of the Labor Code of the Russian Federation, the day off is paid to all employees discharged due to the reduction in the number or staff, regardless of their status (the main worker, internal or external part-time) and the fact of further employment. Thus, when dismissing the external part-book due to a reduction in the number or staff, it is paid a day off allowance in the amount of average monthly earnings. However, it should be borne in mind that at the time of dismissal in connection with the reduction in the number or staff at the place of work on the conditions of external partnership, the employee is employed at the main place of work. Accordingly, the average earnings stored in accordance with Art. 178 of the Labor Code of the Russian Federation for the employment period, it is not necessary to pay an external partner.

Termination of the employment contract before the expiration of a two-month warning period is possible according to part of the third Art. 180 TK RF is only with the written consent of the employee. In this case, the employer on the day of dismissal, in addition to the day off, is obliged to pay an employee to additional compensation in the amount of average earnings calculated in proportion to the time remaining before the expiration of the dismissal prevention period.

In conclusion, we note that from the moment of the warning and up to dismissal, all labor rights remain over the employee. Answer any restrictions in working conditions (remuneration, recreation time, guarantees and compensation, etc.) of reduced workers compared to other employees. Until the dismissal, the reducing employee continues to perform his labor functions in accordance with the employment contract, the job description, the wages are also paid in accordance with the post and employment contract (Article 15, part of the second Art. 57 of the Labor Code of the Russian Federation).

When dismissing part-time workers, employers need to take into account the specifics of their legal statute in labor relations to avoid mistakes, violations of the requirements of labor legislation and the emergence of litigation with dismissed employees. In this article we will try to figure out the features of the dismissal of partners.

Compatible - This is the fulfillment by the employee of another regular paid work on the terms of the employment contract in its free time. Moreover, as a general rule, the conclusion of employment contracts on part-time work is allowed with an unlimited number of employers.

In other words, a partition is such a very common type of additional work, when the employee in his spare time works on the second (third, etc.) by the employer, concluded with the same either by another employer, and receives the second (third and t . d.) wages.

Will the partner dismissing, which becomes the main employee?

Often the external part-time, who fired from the main work, wishes to continue labor relations with the employer who worked part-time, already as the main employee.

In such a situation, employers have several natural issues at once:

1. Is an external part-time who fired from the previous place of work, the main employee for his second employer?

2. If this is the case, it is possible not to dissolve a previously prisoner agreement on part-time work, and make changes to it related to the recognition of the main work?

Similar issues were repeatedly placed in front of officials from Rostrud. Responding to the first one, they at one time came to the following conclusion:

In order for part-time work to become a major, it is necessary that the employment contract for the main place of work is discontinued, with an appropriate entry into the employment record. In this case, part-time work becomes the main, but "automatically" does not happen. In the employment contract, concluded at work on part-time, it is necessary to make changes (for example, that the work is the main, as well as if the employee changes the operation and other conditions). [...]

In addition, exclusively with the consent of the employee it is possible to terminate the employment contract on part-time work (for example, by agreement of the parties, at its own request), and then the conclusion of an employment contract with other conditions. At the same time, the employee's labor book produces appropriate entries. Thus, a positive response is fair to the first question to the first question, but it is emphasized that any legal action, including changing the conditions of the employment contract, requires documentary.

On the second question, the officials answered Dvofo. As we see, it is permissible to change the previously concluded employment contract on part-time work, and its termination, followed by the reception of a former partner to the main place of work on a new employment contract.

However, recently, the Rostrud's specialists increasingly support exactly the last option. Thus, Deputy Head of the Office of Supervision and Control Operations of Legislation on Labor of the Federal Service for Labor and Employment of the Russian Federation, T. M. Zhigastov, in his interview, noted that in a situation where the part-time is dismissed from the main place of work and wishes to part-time work to become the main and his employer does not mind this, to eliminate violations related to the design of the employment record, it is necessary to first first dismiss the given data, and then take it to work again, but already as the main employeein compliance with the procedure established by labor legislation. Such an approach can be fully supported, since only it allows employers to avoid problems with the design of the employment record that has changed their part-book status.

In fact, the transition of an employee from work on part-time on the main place of work can not be recognized by transfer to another jobSince neither the employment of the employee nor the structural unit in which it works does not change. Only nature and working conditions are transformed, however, these changes themselves are not recorded in the employee's employment record, which prevents them in correct reflection in personnel documents. Nevertheless, Rostrud provides recommendations on which records are possible in the employment record in the event of reissuing the part-to-work on the main work without dismissal, through an additional agreement to the employment contract.

Extract from the letter of Rostrud of 10/22/2007 No. 4299-6-1

In the event that the employee's employment record was not a record of part-time work record, then in the employee's employment record after recording about dismissal from the main place of work in the form of a title, the full name of the organization is indicated, as well as the abbreviated name of the organization (if available). Then an entry on the adoption of an employee to work from the day of the start of work at a particular employer with reference to the appropriate order (order) and indicating the period of work as a part-to-room.

In the event that an employee's employment record is an entry on part-time work, made at one time at the main place of work, then after writing about dismissal from the main place of work and write a full, as well as abbreviated (if available) the name of the organization in The employment record should be recorded that with such a number, the work as such an employee of the main thing was for this. In column 4, reference is made to the appropriate order (order).

Dismissal of a partbook while reducing staff

The legislator does not exclude the possibility of dismissing part-time workers to reduce the number or staff of employees of the organization (individual entrepreneur). It is known that one of the guarantees provided to employees discharged on this basis is payout outputin the amount of their middle monthly earnings. Moreover, middle earnings are savedfor such employees and for the period of their employment, but not over two months from the date of dismissal (with a testing of the day off), but in exceptional cases - and during the third after the date of the dismissal of the month (by decision of the authority of the employment service to be accepted provided if In a two-week time after dismissal, the employee appealed to this body and was not employed).

Guarantees and compensation provided for by labor legislation and other regulatory legal acts on labor, a collective agreement, agreements, local regulatory acts are provided to the compatibility in full. The exceptions are guarantees and compensation for persons combining work with training, as well as for persons working in the regions of the Far North and equivalent areas that are provided only at the main place of work.

As we can see, the law does not include warranties, the right to which the employee arises with the reducing personnel, among the main place of work. Therefore, some experts come to the conclusion that the shortened partners are not only paid the day off, but also the average earnings for the period of their employment are preserved.

However, on this issue there is another position. In particular, the Deputy Director of the Department of Wages, Labor Protection and Social Partnership of the Ministry of Health and Social Development of Russia N. Z. Kovyazin notes the following: "When dismissal to reduce the number (state), partners are paid only output benefits. Middle earnings for the period of employment for the second and third months after dismissal behind them do not persistSince they have the main place of work, and they are employed. " Many other experts are supported by such a position.

Analysis of the norms of Art. 178 of the Labor Code of the Russian Federation leads us to the conclusion that the purpose of the preservation of the Middle earnings fired to reduce the employee for the second and third after the dismissal of months is its material support for the period of job search. And if the abbreviated worker is employed, for example, until the expiration of the second month after dismissal, then the average earnings will be saved and paid only until the moment of receipt to a new job.

Abbreviated part-time at the time of dismissal, as a rule, has the main job, that is, in fact, he is employed. Therefore, it does not need material support for the period of searching for new work. Therefore, he usually does not arise the right to receive payments under consideration, which is of a purely targeted nature. But if by the time of dismissal to reduce the part-time already lost the main place of workdue to dismissal on any reason, the average earnings for the employment period should be saved by the employer who has worked part-time.

Therefore, the termination of an urgent employment contract with a part-based basis provided for by Art. 288 TK RF, will be illegal.

When applying this base of dismissal, it is important to consider that the legislator is talking about the right of the employer to take on the work of the main employee, that is, on the initial conclusion of the employment contract with him, and not about the internal translation of another employee to the position held by the Partner earlier. At the same time, a new employee can be accepted both under full working hours and other conditions (for example, with an incomplete working day or incomplete working week).

Unfortunately, employers do not always correctly understand the conditions, in the presence of which it is possible to use the foundation under consideration, which inevitably leads to labor disputes with part-job workers. Let us give an example from judicial practice, showing that the employee's newly adopted instead of the partner must perform exactly the work that was previously dismissed part-time.

ARBITRAGE PRACTICE

Resolution of the Presidium of the Moscow City Court of 10.10.2008 in case No. 44G-391

Citizen F., who worked part-time electromechanics on elevators in the RU-7, was fired in connection with the employment of the employee for whom this work became the main. Citizen F. challenged his dismissal, believing that it was illegal. Izmailovsky District Court of Moscow in satisfaction of the claim F. refused, the judicial board on civil cases of the Moscow City Court decision of the court left unchanged. But the Presidium of the Moscow City Court Data court decisions canceled, indicating the following: "Defining the Satisfaction of the Relative Claim at work, the court proceeded from the fact that the defendant presents evidence that F. worked ... part-time, while S. accepted on The main place of work. However, the court did not take into account that the circumstance of the importance for the correct permission of the lawsuits on the restoration of persons, the employment contract with which was terminated under Art. 288 of the Labor Code of the Russian Federation, in addition to establishing the fact, whether the employee was accepted for the employer for the main place of work, will be the circumstance, whether the adopted worker performs the same work as an employee of part-time. F. was hired to work to the defendant for the post of electromechanics in elevators 6 discharge part-time ... S. was taken to the post of electromechanics in elevators 3 discharge, constantly, according to a staffing schedule, without the right of independent work ... Since the court did not have the fact that Whether the adopted worker S. The same work as an employee of a part-time F., that is, the court fully did not investigate and did not establish all the circumstances of importance to the case, this entailed the impartial and unreasonable decision. "

Should the employer pay an existence in the amount of average monthly earnings while reducing the position that the employee replaced on the terms of the internal partnership if he continues to work according to the main position? If - yes, how in this case, calculate the size of the output benefit?

Answer

The answer to the question:

The contraction of the partner is carried out according to the general rules, i.e. With notice no later than two months before the day of dismissal, taking into account the preemptive right to continue work, the proposal of vacancies, the payment of the day off. Middle earnings for the period of employment is not preserved, because The part-time is considered to be employed.

If there are no restrictions on dismissal, then send the part-to-part. In addition, which an employee will be able to work (if available). The Labor Code of the Russian Federation exceptions in terms of the vacancy offers does not establish part-books.

In case of refusal of the part-time from the translation or absence of vacancies, after a two-month period of preventing dismissal (or earlier, with the consent of the employee), make an order for dismissal from work on part-time, to the employment record (with internal part-time) and in an employee. Spend the final settlement of part-time work with the employee and pay it a daytime manual in the amount of monthly earnings. Middle earnings for the period of employment in the general case.

The specified order follows from the set of provisions of articles, the Labor Code of the Russian Federation and confirmed by judicial practice (see, for example,).

Ivan Shklovets,

The answer to this question depends on the specific situation.

The inner part book, which is simultaneously dismissed from two places of work - and from the main, and from the Compact, - Pay on both works and save the average earnings for the time of finding a job. At the same time, compensation for the employment period in general should be maintained not only at the main place of work, but also part-time. The exception is the situation where the employee has the right to the extended period of maintaining the average earnings when working in and. In this case, earnings for the fourth, fifth and sixth months of job search, save only by the overall partner only at the main place of work. This is explained by the fact that guarantees and compensation to persons working in the northern regions are provided only at the main place of work ().

Such conclusions are followed from the set of provisions of articles, the Labor Code of the Russian Federation and confirmed by judicial practice (see, for example).

Ivan Shklovets,

deputy Head of the Federal Service for Labor and Employment

Unambiguous answer to this question does not contain legislation.

According to the general rules, in case, it is necessary only, the average earnings for the employment period behind it. This is explained by the fact that, within the meaning of a compatibility, an employee should have another basic work, which means that he remains employed by default, even if it is reduced at work, where he is listed by the external partner. This follows from the provisions of Article 178 and the Labor Code of the Russian Federation.

If a reduction is that the external part-book does not have a major place of work, but no action on the compatibility in the main structure did not make an employee, the question of the need to pay benefits for the employment period seems to be controversial.

On the one hand, the employer may take a formal position and the employment allowance not to pay. Such foundations gives it the status of an employee of the "part-time" with which it is decorated in the organization. Find out, indeed, the employee has other work or not, the employer is not obliged. Therefore, if the employee himself dismissed the main work and continued to be listed by the partover, then he needs to pay a day off, but the manual for the period of employment is no longer needed. The validity of this approach indicates the specialists of Rostrud in unofficial clarifications and individual courts, for example, in.

Taking into account the specified and ambiguity of the situation, the least risky, although less profitable for the employer, the option will be preserved for the employee of the average earnings for the employment period. To obtain benefits, an employee must confirm that he is really unemployed and could not find a job.

Ivan Shklovets,

deputy Head of the Federal Service for Labor and Employment

Calculate the output manual by the formula:

Nina Kovyzin,

deputy Director of the Department of Medical Education and Personnel Policy in Health of the Ministry of Health of Russia

Answer: How to reduce the part-to-room
Question from practice: how to calculate compensation for the employment period while reducing the part-book
Question from practice: whether it is necessary to preserve the external part-to-job earnings for the employment period, if, when dismissal, it was found that it has not had a major place of work and an employee on fact is no more employed
Answer: Output benefit
Answer: What payments are included in the calculation of the average earnings

salary accrued to employees;
monetary content by civil servants;

commission remuneration;
fee of the staff of newspapers, magazines, other media, organizations of art, consisting of an organization ();
surcharges and surcharges (for volatility, service, alleviation of occupations, etc.);
compensation payments associated with the mode of work and working conditions (due to the district regulation of surcharge for work in harmful and heavy working conditions, at night, with a multi-time mode, on weekends and holidays and overtime);
prizes and rewards. Note that there is.

Social payments and other payments not related to wage (material assistance, payment cost of food, travel, training, utilities, recreation, etc.), when calculating the average earnings, do not take into account. This is stated in the provisions approved. The legality of this approach confirms the courts (see, for example,
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The position that the external part-book occupies is decided to reduce. If, with the payment of the output manual, with a reduction of ordinary workers, everything is clear, then with a reduction in the partner, the personnel specialist has not yet come across. Do I need to pay the output allowance to the part-book while reducing? Our specialists will prompt the right answer to this question.

Cut can and part-book

The reduction implies a decrease in the number of employees or the abolition of positions with the simultaneous dismissal of the employee who takes place.

For your information
The reduction in the number of employees means a decrease in the number of full-time units occupying the position in its conservation. While the reduction of the state is the abolition of the employee's posts. After reducing the staff of this position in the organization there will be no more (part 1 of Art. 81 of the Labor Code of the Russian Federation).

Nobody is insured against the reduction, therefore this procedure can also touch the partner. The main thing is that the reduction procedure established by the current legislation (Article 179, 180 of the Labor Code of the Russian Federation) is observed.

Failure to follow the procedure reduction can lead to the fact that the employee will be restored. In addition, the Court implies the payment of his forced absentee (Art. 394 of the Labor Code of the Russian Federation).

The part-book is also man

Persons dismissed to reduce the state or number, in particular, the day off. Exceptions from this rule for part-to-current legislation is not provided (part 1 of Art. 178, Part 2 of Art. 287 of the Labor Code of the Russian Federation). Therefore, it is necessary to calculate and pay the output allowance in a general manual. The fact that such an employee (external or indoor part-book) has a different place of work, no value.

The output allowance to the part-time when reducing the state or liquidation of the enterprise should be calculated according to the following formula:

As for payments to the compators of the average monthly earnings for the period of employment, such a payment is not supposed to such payment. This is explained by the fact that the main work did not lose the part-time (part 1 of Art. 282 of the Labor Code of the Russian Federation).

Our head of the administrative and economic department part-time works by the storekeeper, and this position fell under the reduction. The general rules for the reduction of me, of course, are known, but what to do with the inner partner? Do I need to offer translation to another job? And most importantly - is it possible to pay a day off when dismissal? After all, the main job the employee does not lose! Help, please understand.

We will not discuss general rules for reducing the number or staff of employees of the organization - we will focus on the peculiarities of the reduction of the internal partner.

To begin with, recall that the partification is work on the basis of a separate employment contract. The fact that the worker works in part-time, does not affect its wage, leave duration and other labor rights. At the same time, the law limited the rights of partners to receive individual guarantees and compensation.

So, they are not provided with guarantees and compensation associated with training and work in the regions of the Far North and region equivalent to them. (h. 1 Art. 287 Tk RF).

EXAMPLE

S. appealed to the court with a claim to the federal state institution "Department of Financial Response of the Ministry of Defense of the Russian Federation on the Murmansk Region" (hereinafter referred to About recovery of wages.

In support of the requirements of claims, the plaintiff pointed out that he worked in the management of the engineer at the main place of work and on internal part-time - in the post of engineer on Cartuchu.

In 2011, S. was dismissed in connection with the reduction of the staff of the organization's employees. The claim of S. appealed against the respondent's actions, who paid him average earnings over the fourth and fifth months only on the main work (position).

IMPORTANT!

Partizers are not eligible for guarantees and compensation related to training and work in the regions of the Far North and areas equal to them

The court indicated that in accordance with Part 1 and 2 Art. 178 of the Labor Code of the Russian Federation when terminating the employment contract in connection with the reduction of the staff of the organization's employees, the existence of an average monthly earnings is paid, and the average monthly earnings for the employment period remains for it, but not over two months from the date of dismissal (with a testing of the day off) .

According to Part 1 and 2 Art. 318 of the Labor Code of the Russian Federation, the employee who is dismissed from the organization located in the areas of the Far North and equivalent to them areas, to reduce the staff of the organization's employees, is paid output allowance in the amount of average monthly earnings; It also maintains average monthly earnings for the period of employment, but not over three months from the date of dismissal (with a testing of the day off). In exceptional cases, the average monthly earnings remains for the specified employee during the fourth, fifth and six months from the date of dismissal to solve the employment service authority, provided that within a month after dismissal, the employee appealed to this body and was not employed.

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 regions of the Far North and equivalent areas are provided only at the main place of work.

Allowing the dispute, the court came to the conclusion that in the fourth and the next few months after dismissal, the plaintiff does not have the right to preserve the average earnings for it and to pay him for part-time work. The court refused to the lawsuit.

At the same time, the advantages associated with learning leaves or work in areas with special climatic conditions are provided by the parties in the main place of work.

The rest of the guarantees and compensation provided for by labor legislation, other regulatory legal acts containing labor law, collective agreements, agreements, local regulatory acts are provided to part-time persons in full (Part 2 of Art. 287 Tk RF).

It would seem that of this we can conclude that all those guarantees and compensation on which the main employees who are issued in connection with the reduction of the state are provided in the same volume and internal part-to-man. But is it? Let's deal with.

IMPORTANT!

The employee can have only one main job place

Warranty 1. The preemptive right to leaving at work while reducing the number or staff of employees of the organization (Art. 179 TK RF). Recall that employees with higher productivity and qualifications have the preferential right to leaving at work.

Suppose the employer reduces several regular units in one position. Moreover, one of them replaces the internal part-time. Should the employer evaluate its labor productivity and the level of qualifications and thereby take into account his right to leaving at work? Except for this law is not provided by law.

You should know it

Qualification is the level of knowledge, skills, professional skills and worker experience (Art. 195.1 TK RF)

We note, however, that with equal labor productivity and the same qualifications, the employer more often makes a choice in favor of the employee who is deprived of the main place of work, and this, of course, is fair.

Warranty 2. Transfer to another available work (vacant position) (Part 1 of Art. 180 Tk RF).

This guarantee is the proposal for translating to another suitable vacant work - aims to employ an employee to be reduced.

But after all, the part-time for definition has the main place of work! How to act in this case, given that labor legislation treats the situation as a whole without specifying the norms in relation to a particular category of employees?

Is it possible to offer the part-to-job translation on vacancies that suggest full-time employment? Of course not, as the main place of work can be only one.

Conclusion of employment contracts on part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law (Part 2 of Art. 282 Tk RF). Therefore, in this case, the employer may offer only those vacant positions that he plans to replace the conditions of part-time released.

If complete employment is assumed, it is possible to invite such positions and you only need to be necessary for those employees for which this work will be the main one.

In the case when the employer has no vacancies to replace on a compatibility, this is notified of this shortage in writing (example).

Warranty 3. Cash payments due to reduction. According to Part 1 of Art. 178 of the Labor Code of the Russian Federation when terminating the employment contract in connection with the liquidation of the organization (paragraph 1 of Part 1 of Art. 81 of the Labor Code of the Russian Federation) or abbreviation of the number or staff of employees (paragraph 2 of Part 1 of Art. 81 of the Labor Code of the Russian Federation) The published employee is paid output allowance in the amount of average monthly earnings; Middle monthly earnings for the employment period, but not over two months from the date of dismissal (with a testing of the day off).

Does the output allowance assume the part-time?

When dismissing the output allowance, the part-book is paid on the general basis on the last day of work together with all the payments, which are in total amount of final calculation (due to the day of the dismissal salary and compensation for unused vacation).

Summary

The internal part-book when dismissal due to the staff reduction is paid output benefits. Middle earnings for the employment period behind it is not preserved because it is employed at the main place of work.

Middle earnings are stored for a dismissed employee for his employment period and is designed to ensure its existence at this time. However, the part-time work is not looking for, since he has a permanent place of work. So, behind it, the average earnings for the period of employment is not preserved.

EXAMPLE

Notification of the Partner about the absence of suitable work ( fragment)