You will need
- - resignation and appointment;
- the order of dismissal and appointment;
- - employment contract.
The external compatibilizer may resign from a permanent job and move to you full time. In this case, you must obtain his admission as a permanent employee and to make the dismissal as a part-time basis. This can be done in the same day.
Get from the part-time two statement. One should be written on the dismissal part-time. The other of the full-time employment as a regular worker for the vacant job.
Make two orders. One resignation from part-time job. Another of the main office. In this case you must terminate the existing employment contract on part-time and to conclude a new employment contract specifying all conditions of work, rest, charge.
If the workbook part-time was a record, produce a record of the dismissal and employment as a primary employee. This can be done in the same day. The part-time worker is entitled to compensation for unused vacation days and to proceed immediately to his duties.
If your organization has changed its name or moved on the right of ownership to the new founders, you can spend the dismissal of all employees, pay them compensation for all the days of unused vacation. Further, on the same day, apply for admission, obtaining an application for admission to work. Enclose employment contract, release order of dismissal and reception, make an entry in the work book, putting the name of the new company.
Another option of dismissal and reception on the same day – when in fact the dismissal did not take place. If you have already left a note of resignation, but by agreement with the employer the employee was working in the same position, make the entry in the work book that the dismissal did not take place, and previous record should be considered invalid.
The employer is obliged to issue a new order in which you specify about the failed dismissal and recognition of the previous order invalid.
Advice 2: How to fire foreign workers
Concurrent employment does not differ from working on the main site. Termination of employment occurs under the same scenario, but under the Labour code, there are some additional grounds for termination of the contract. In any case, the foreign worker has the same rights on payment of compensation, as working on the main site.
You will need
- External part-time, termination of the employment contract
The labor code prohibits the firing of workers by the employer, other than by reason of the liquidation or termination of business. During the period of vacation or a temporary disability to dismiss an employee is impossible. Thus, if the Locum is on leave or absent due to illness, to dismiss him only after to work.
In the case of redundancy the employer may not dismiss employees who are on leave for child care, single mothers with a child under 14 years of age, women with children under 3 years of age and pregnant women.
In the reduction of staff the Director is obliged to issue an order, stating when and who exactly will be dismissed. After the order, every employee shall be notified of the dismissal under the painting in 2 months. If the employer wishes to dismiss workers sooner, then he needs to get written consent and to additionally pay the employee cash compensation in the amount of average monthly earnings.
If the Locum does not intend to retire early, the employer is not entitled to do. In addition, before reducing workers, the employer is obliged to offer him another job if it is available. The position may not match the employee's qualifications and to be lower-paid.
The dismissal of foreign workers by the employer from the enterprise non-state forms of ownership shall be conducted with the consent of the Union. An exception may be a situation when workers principal place of work is a communal or state-owned enterprise, and a shared place in the company of non-state forms of ownership, to dismiss him without the consent of the Union.
Additional grounds for termination of the employment contract with external part-time workers is the main job of the person who will perform the duties of a concurrently employed person. To apply this Foundation can only be to the part-time worker, with whom a contract for an indefinite period. The employer must notify the dismissal of workers is not less than two weeks before the termination of the employment contract
If at the initiative of the employer fired the employee on leave, his actions are deemed unlawful, except dismissal in the event of liquidation of the organization.
Workers who have greater labor productivity and high skills in most cases, in the reduction of staff remain at work.
Advice 3: How to fire an employee part-time
Some people work multiple jobs, and legally. According to Russian labor law, such employees are part-time. In addition to its main work, they have additional and devote her free time. The employer is very convenient to employ such a person as remuneration much less than that of the primary worker. But in case of dismissal from HR staff, the question may arise: how to execute this procedure?
By entering into an employment contract with the employee, you should consider all the details of the subsequent dismissal. That is, for example, if you make relationship with a part-time basis for a period of time, then, of course, dismiss it prematurely, you have no right. In this case you will have to wait for the validity of a legal document.
Therefore, if you plan in the future to employ for this position a permanent employee, part-time better to sign a contract for an indefinite period.
The procedure for dismissal it does not differ much from dismissal are usually the employee. Remember that you can fire workers without his consent in the event that if in the future I wish to hire the employee full time. But it can be done in the case of the employment contract concluded for an indefinite period of time.
First, in writing, notify the workers about the termination of the employment contract. It must be done at least two weeks before the dismissal.
Remember that you have to pay him the remaining salary, compensation for unused vacation. It should be noted that the part-time worker is also entitled to annual paid leave with 28 days, and therefore compensation should be calculated on this basis.
Next, make the order for dismissal (form T-8), specify that the employee is a part-time basis. Then sign it and give it for review to the employee, he should also put his signature.
As a rule, on each employee hired is made personal card (form T-2). At dismissal make her mark. If you've done the entry in the employment record of employment, then dismissal, you should also make a mark in it.
Copies of all documents on the employee if the dismissal pass to the archive for storage.