Reduction of part-time workers due to staff reduction: payments in 2020

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.

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.

Mandatory payments

The following payments are due:

• the amount of wages not received by the date of termination of the contract;
• severance pay equal to monthly salary;
• compensation for the fact that he did not take his full vacation (if this is relevant).

Important! Payment for the period of employment to an external part-time worker is not due, since he has a main job.

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).

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 .

Reduction order

Order to dismiss a part-time worker

Notification of layoffs

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 2020). In April 2020, she was fired from Zaryana due to layoffs. Labor Koltsova noted:

What guarantees do they have?

Article 180 of the Labor Code of the Russian Federation establishes the guarantees that employees have the right to count on when being laid off. However, there are no reservations to the effect that these provisions apply exclusively to key workers. In view of this, part-time workers, along with other working citizens, have the following guarantees:

• the administration of the enterprise is obliged to offer another workplace, if available;
• warning of future dismissal must occur two months or more before the events;
• upon early termination of the contract with the consent of the part-time worker, he is guaranteed payment of additional compensation.

Important! Moreover, the right to such guarantees during layoffs is confirmed by Article 287 of the Labor Code of the Russian Federation, which states that all guarantees stipulated by law and collective agreements are fully provided to part-time workers.

Labor Code of the Russian Federation Article 287. Guarantees and compensations for persons working part-time

Guarantees and compensations for persons combining work with education, as well as persons working in the Far North and equivalent areas, are provided to employees only at their main place of work.

Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full.

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.

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.

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.

Payments to a part-time partner upon liquidation of an enterprise

The specifics of regulating the labor of part-time workers are approved in the Labor Code of the Russian Federation. For example, in paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation stipulates that an employment contract can be terminated by a verdict of the employer due to a reduction in the number or staff of workers. This procedure has its own characteristics and principles of implementation. For example, pregnant women, employees with children (according to Part 4 of Article 261 of the Labor Code of the Russian Federation), as well as some other categories, cannot be dismissed for this reason. In accordance with Article 287 of the Labor Code of the Russian Federation, part-time workers have a full range of guarantees and compensation on this basis. Their legal status does not differ from that established in relation to other employees of the company.

Regulatory framework The regulatory framework is presented by the Labor Code of the Russian Federation.

This codified act sets out the main provisions that relate to the process of terminating an employment agreement due to staff reduction.

Frequent mistakes during dismissal

Important! External part-time workers are subject to absolutely all guarantees that are provided for in the Labor Code and relate to layoffs.

Retrenchment of a part-time worker: preferential right to remain at work

When laying off a part-time worker, you should check whether he belongs to one of the categories of persons who have a preferential right to remain at work (Article 179 of the Labor Code of the Russian Federation). The main importance is the higher productivity of part-time workers and qualifications.

At the same time, the Labor Code of the Russian Federation does not establish prohibitions or restrictions on the comparison of labor productivity and qualifications between full-time and part-time workers. But when comparing labor productivity, it is necessary to take into account comparable indicators, for example, comparing the indicated productivity for the same time of work during the day.

If labor productivity and qualifications are equal, preference is given to:

• family workers with two or more dependents - disabled family members who are fully supported by the employee or receive assistance from him, which is their constant and main source of livelihood;
• persons in whose family there are no other independent workers;
• employees who received a work injury or occupational disease while working for this employer;
• disabled people of the Great Patriotic War and disabled people fighting in defense of the Fatherland;
• employees who improve their qualifications in the direction of the employer without interruption from work.

The collective agreement may provide for other categories of employees who enjoy a preferential right to remain at work with equal labor productivity and qualifications, for example, employees of retirement age.

In addition, there are categories of workers who cannot be dismissed during layoffs, in particular (Article 261 of the Labor Code of the Russian Federation):

• pregnant women;
• women with a child under three years of age;
• single mothers raising a disabled child under the age of 18 or a young child - a child under the age of 14, or other persons raising these children without a mother.

Severance pay and maintaining average earnings

Severance pay must be paid to all laid-off employees. The amount of this benefit is equal to the average monthly earnings. In addition to the benefits for the laid-off employee while he is looking for a new job, the average monthly salary is maintained (parts 1 and 2 of Article 178, clause 2 of part 1 of Article 81 of the Labor Code of the Russian Federation).

The average salary for a laid-off and unemployed employee remains the same:

• no more than 2 months from the day he was fired;
• within 3 months from the date of layoff, if the employment service confirmed that the dismissed person contacted them no later than two weeks after the layoff, but was never employed.

Labor legislation did not exclude anyone from receiving these guarantees. Therefore, they are also relied upon by part-time workers when they are made redundant.

The dismissed part-time worker retains his average earnings if he remains unemployed. This can happen if a part-time worker loses his main job. If he remains employed at his main place, then after being laid off as a part-time worker, he will not receive an average salary.

Staff reduction procedure

The reduction of external or internal part-time workers is no different from a similar procedure carried out with main employees and is the following algorithm:

1. The occurrence of a circumstance that became the basis for reducing the number of subordinates;
2. Coordination of the decision by the entire management team of the organization;
3. Identification of employees subject to layoffs;
4. Issuance of a dismissal order (the document specifies in detail the positions to be eliminated and specific details of the employees who occupy them);
5. Notifying employees about the upcoming dismissal procedure:

• The deadline must be met - two months before the termination of the relationship;
• Each employee is notified individually and against a signature indicating familiarization with the order;
• If an employee who has been laid off refuses to sign the document, the document is sent by registered mail with acknowledgment of delivery;

1. Selection and offer to the dismissed employee of another vacancy available in the organization:

• The employee can agree or refuse (optional);
• Vacancies offered by an employer are often formalized in the form of a letter indicating the title of the position and the salary;
• The new job function must be geographically located in the same area and correspond to the employee’s health status;
• The employer is obliged to offer the employee newly emerging vacancies until the date of dismissal;

1. Coordination of the reduction procedure with the trade union organization and the employment center;
2. Termination of labor relations;
3. Providing guaranteed payments;
4. Issuance of labor documents to employees.

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.

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

1. Reduction order.
2. Notice of dismissal.

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.

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.