How to fire an internal part-time worker at the initiative of the employer

Dismissal of an internal part-time worker at his own request

In order to understand the features of dismissing an internal part-time worker, you need to consider what constitutes an internal part-time job.
An internal part-time worker can be the main employee of an organization who performs additional work at the same enterprise in his free, non-working hours. That is, these job functions should not be intertwined with the main ones that the employee performs at this enterprise. Registration for a part-time position takes place at the same enterprise by entering information that the employee has been accepted for the position of a part-time employee internally, the number and date of the order on the basis of which the employee has been accepted as an internal part-time employee. That is, the procedure remains the same - you must definitely issue an order.

An internal part-time worker must also be fired by order. The only difference is that such an employee does not quit his main job. But only from the position where he is part-time. As with the dismissal of the main employee, it is necessary to dismiss a part-time employee who works at the same enterprise in the main position, indicating the reason for such dismissal.

There are both general reasons for dismissing an internal part-time worker and additional ones. General ones include those established by Article 77 of the Labor Code. A part-time employee working under an employment contract at an enterprise can be dismissed on the following grounds:

1. at the request of this internal part-time worker, remain only in the main position;
2. by agreement between the employer and part-time worker, by drawing up an agreement in writing;
3. if the period for which the contract was concluded with the part-time worker has expired and the parties have not agreed on its continuation;
4. by order of the manager (there must be legitimate reasons for this, for example, absenteeism, violation of labor discipline, liquidation of the enterprise or structural unit where the part-time worker works, due to layoffs, etc.);
5. when an employee is transferred or moved on his own initiative, for example, to another enterprise, or to an elective position that does not imply the possibility of part-time work;
6. if the part-time worker refuses to continue working in this position due to some changes: for example, in the organizational form of the enterprise, change of management, change of terms of the employment contract, etc.;
7. if the employee cannot perform the duties of an internal part-time worker due to his health condition, which is confirmed by a medical certificate, and the employer cannot change the working conditions of the part-time worker to those that suit him;
8. when the employer moves to another locality, if the part-time worker also refuses, he is transferred to another locality;
9. under the circumstances specified in Art. 83 TK;

In addition to the indicated grounds, an internal part-time worker is dismissed if the main employee is hired for this position, which he occupies as a part-time worker. You cannot fire a pregnant employee who works part-time for this reason. Until the end of pregnancy.

If a part-time worker was hired under a fixed-term employment contract, when there is no need for the main employee, for example, for work related to seasonal work at the enterprise, or to perform work strictly defined by the employment contract, the employment contract with him is terminated, which is recorded to work. At the same time, the employee continues to work at his main job.

If dismissal occurs at the request of an employee who, for one reason or another, no longer wants to be an internal part-time worker at a given enterprise, but has decided to remain only in the main position, then he must write a corresponding statement. You must notify the company of your desire to resign two weeks in advance.

Having written an application, the part-time worker may, by agreement with the employer, not work the allotted time, or go on vacation that he did not use. But it is important that this leave coincides with leave for the main position. That is, if an employee has a scheduled vacation at a certain time, he must also take the vacation that he is entitled to as a part-time employee at this enterprise. Some employers sum up the vacation simply by adding it up and add an additional one to the main vacation.

But, if an employee, having served on vacation, which he is entitled to in his main position, considers it necessary not to use the vacation entitled to him as a part-time worker, the employer must, upon his dismissal, compensate him for all unused vacations by this employee for the entire period of internal part-time work. The same right applies to those part-time workers who are dismissed for other reasons (except for guilty actions).

Few people pay attention to the timing and procedure for making records of the dismissal of a part-time employee. Even in the case of internal part-time work, the rules for dismissal and the rules for applying for the position of the main employee remain the same as for the main one. The only difference is that an internal part-time worker has the opportunity to work at the same enterprise.

Only an employee who has his main place of work can be considered a part-time worker, either at the same enterprise where he is a part-time worker, or at another, with another employer. Therefore, when dismissing an employee from his main place of work and leaving him as a part-time worker, some employers do not take into account that if he does not get a main job somewhere else, then such an employee automatically becomes not a part-time worker, but a main employee. Even if not full-time.

Then, certain problems arise if, say, the employer hires a part-time, main employee. According to the law, such dismissal of a part-time employee is not allowed due to the hiring of a main employee for this position. After all, the person being fired is no longer a part-time employee, but a main and full-time employee.

p>The law does not exclude the possibility of dismissing an internal part-time worker for violating labor discipline. Reports, reports, and other documents confirming the fact of the violation must be drawn up about such a violation. Quite an interesting case of dismissal of an internal part-time worker for absenteeism. If he must stay at his main place of work for a certain amount of time, and part-time, he works at a different time, as it should be, then, in the event of a part-time worker’s failure to show up for work (meaning that the part-time worker could leave work without warning, without valid reason at the moment when he must perform the job functions assigned to him by internal part-time work), dismissal from the position of an internal part-time worker for absenteeism is allowed.

In this case, the employee performs additional work in the organization, the work in which is the main one for the person, under an employment contract. If he wants to refuse additional workload, he needs to notify the employer in advance.

In the work book, the dismissal of an internal part-time worker at his own request is formalized as follows:

• the serial number of the record is indicated;
• date is entered;
• information about the termination of the labor agreement is entered;
• details of the order to terminate the part-time employment relationship are indicated.

If a worker wants to stop working in two places assigned to him, this happens according to the general rules. Two entries are made in the work book:

1. information about leaving the main place of employment;
2. information about termination of part-time work.

Part-time work, as a phenomenon in labor relations, has two forms: external and internal, Art. 282 Labor Code of the Russian Federation. The main features of this form of employment can be considered:

• the employee has a main place of work;
• conclusion of a separate contract for the performance of part-time functions (fixed-term or indefinite, for the performance of a certain amount of work);
• specialties and job responsibilities for the main and additional work should be different if we are talking about part-time work within the same company;
• part-time work cannot exceed 4 hours a day or half the standard working time per month;
• The fulfillment of the duties of a part-time worker must take place during free time from the first job, Art. 60.1 Labor Code of the Russian Federation.

If an employee is offered to combine several professional functions during the working day for an agreed-upon additional payment to his basic salary, then we are talking about combining positions or expanding the scope of services, Art. 60.2 Labor Code of the Russian Federation.

We suggest you familiarize yourself with: Document confirming the authority of the parent, what is it

Since an employment contract is concluded when a part-time worker is employed, it is subject to termination upon termination of the relationship. For this purpose, a dismissal procedure is carried out, during which the concluded contract is terminated.

The initiator of termination of an employment relationship can be a part-time worker or an employer. The grounds for dismissal are specified in the Labor Code of the Russian Federation. In addition to the traditional grounds typical for the dismissal of permanent employees, Article 288 also provides. The Labor Code of the Russian Federation, which allows you to dismiss a part-time worker if a permanent employee is hired in his place (the exception is conscripts who cannot be fired under Article 288).

Differences in the dismissal of internal and external part-time workers

The difference between labor statuses is the place where additional income is received. To dismiss an external part-time worker at your own request or on the initiative of the employer, it is not necessary to formally conclude a contract. When terminating the agreement, making an entry in the work book is not required.

If an employee needs a mark for length of service, he must take a document from his main place of work against signature and bring it to the personnel department of the organization where the combination was carried out. An individual is entitled to compensation payments and severance pay. An incoming employee who wishes to cancel the employment relationship on his own initiative must work for 14 calendar days or give advance notice of his departure.

It is important to know! If you resign at your own request, an internal part-time worker must submit an application 3 days in advance if he remains working at the company in his main position.

To terminate the contract, it is necessary to prepare only the corresponding administrative act. After drawing up the document, the procedure for official employment for the position is carried out. If you permanently leave the organization, you must notify the director in advance. In the work book, a note about dismissal from the main place of work is first put, then from an additional one.

Dismissal of a part-time worker at will

• internal, when the employee will hold another position in the same organization;
• external when he works additionally for another employer.

The Labor Code of the Russian Federation establishes that a part-time worker is subject to all the norms of the code, taking into account the requirements set forth in Chapter 44. However, this chapter does not say anything about dismissal - therefore, a part-time worker, just like any other employee, has the right to resign at his own request in accordance with Art. . 80 Labor Code of the Russian Federation.

The dismissal procedure provided for in Art. 80 of the Labor Code of the Russian Federation, begins with the part-time worker submitting an application. The legislation does not regulate its form in any way, so it is enough to indicate:

• the addressee (this will be the head of the enterprise in which the person resigning works);
• full name and position of the employee;
• date of proposed dismissal;
• date of application.

• from a combined position;
• from the main one, continuing to work only on the additional one;
• from both positions at once.

The application is written in advance, taking into account the required 2-week work period, which is counted from the date following the day the document is submitted to the employer.

Dismissal can be carried out on any date if both parties are not against it. In this case, the basis will be the agreement of the parties; the documentation indicates clause 1, article 77 of the Labor Code of the Russian Federation.

This paragraph of the article is prescribed in the documentation drawn up by the personnel officer upon termination of the employment relationship.

Part-time dismissal at your own request

The dismissal of an external part-time worker is carried out in almost the same way as an internal one, but has some differences. These differences arise due to the fact that a part-time worker simultaneously holds two jobs, but the procedure remains the same.

If an employee has expressed a desire to resign, he must inform the employer about this by writing a corresponding statement. The person leaving must understand that the application must be written in advance and take into account the two-week period of work.

The date of termination of the contract is determined by mutual agreement of the employee and employer.

The dismissal of a part-time employee occurs on the above grounds, which are prescribed in the Labor Code of the Russian Federation. The employer is obliged to notify the employee of the upcoming dismissal in writing.

If it is not possible to deliver the notice personally to the employee, then this can be done by mail. The dismissed employee must sign the notice received, this confirms the fact that he has read it.

If a part-time employee is applying for a part-time position, for whom it will be the main one, and the employment contract was concluded in an open-ended form, then the employer has the right to dismiss the employee. The main condition is to notify the dismissed employee two weeks in advance.

Read,

how much alimony to pay in case of divorce

.

What property is subject to division during a divorce? More details here.

To dismiss an existing employee in order to hire a main one, you will need to follow certain rules:

• the part-time worker must be notified in writing that the main employee is being hired in his place (the document must be made in two copies);
• the employee must sign the warning. In case of refusal, you must announce the warning orally in front of witnesses, and then draw up an act;
• a dismissal order is issued in accordance with Article 288.

Dismissal of an employee by agreement of both parties is quite common, as it has certain advantages for both the employee and the employer.

The procedure for dismissal by agreement of the parties:

1. One of the parties expresses a desire to terminate the employment contract and notifies the second party of this.
2. With the mutual consent of both parties, the terms under which the agreement is drawn up are discussed.
3. After drawing up the agreement, the employer issues an order for dismissal.
4. On the last working day, settlements are made with the employee, severance pay is paid, and the necessary documents are issued.

When drawing up such an agreement, there is no need to notify the other party in advance, since everything happens by mutual consent.

Without working off

According to the law, if an employee submits a letter of resignation, he must work for the required two weeks after that.

But there are situations when both parties can agree on working out:

• working hours are reduced or canceled if the employee retires;
• working hours are reduced if the employee entered an educational institution;
• complete cancellation of working hours if the employee has changed his place of residence and leaves the region or country;
• the employer will completely cancel working hours.

To correctly complete a resignation letter, you must follow certain rules:

• the exact wording of the employee’s dismissal;
• indicate the desired day of dismissal;
• the applicant's signature and the day the document was drawn up.

Look,

how long does a divorce through court take if there is a child?

.

Is it possible to file for divorce in another city without registration? Find out further.

How to obtain a divorce certificate after a court decision? The answer is here.

The same rules and regulations apply to the dismissal of an external or internal part-time employee as for a regular employee. Only in some cases the dismissal procedure has slight differences.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

1. via the form (below), or via online chat
2. Call the hotline:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

According to Art. 80 of the Labor Code of the Russian Federation, part-time dismissal at one’s own request is possible after submitting an application 2 weeks before leaving. But, by agreement with the employer, this period can be reduced. The last working day is considered to be the date of departure from the organization indicated in the application. Payment is made on the same day.

At the request of the employee, entries about part-time professional activities can be made on the form. The citizen’s work book is located in the organization in which the work is his main one, so all entries in it are entered there.

A record of the dismissal of an external part-time worker at his own request is made in the following order:

1. The employee provides the HR department with a certified copy of the order from the place where he worked part-time.
2. An application is written asking for an entry to be made on the form.

The procedure for dismissing a part-time employee is no different from that for main employees.

The required steps will be:

• notification to the other party;
• termination of an agreement;
• issuance of a dismissal order;
• familiarization of the employee with this order;
• performing the final calculation;
• issuance of work-related documents.

The main difference from dismissal from the main job will be that the employer does not have the obligation to fill out and hand over a work book to the employee.

Look,

sample of filling out an application for divorce and alimony through the court with children

.

Who does a child stay with during a divorce if the mother does not work? The answer is here.

The procedure is identical to that described above. If you need to enter information about the termination of the work process in the work book, you should obtain certified copies of the dismissal documentation from your place of employment and transfer them to the personnel department of the main employer. This documentation will allow you to record the fact of termination of part-time employment.

Again, the entry is made only if the employment record is recorded, which is carried out by the personnel officer of the main employer if there is a copy of the relevant order received at the place of part-time employment.

We suggest you read: Dismissal of employees during bankruptcy of an enterprise

The work book is not withdrawn from the place of permanent work and is not given to the owner.

Termination of an employment contract with an employee combining different positions without his consent is possible at the initiative of the employer in the following cases:

• when hiring a main employee to the workplace occupied by a part-time worker;
• completion of the employment agreement – ​​in case of a fixed-term employment contract;
• upon reduction or liquidation of an organization (enterprise);

Typically, a person who performs several official duties is enlisted due to circumstances forced by the institution. This occurs in cases where the company does not have a full-time employee. However, when the company finds the right employee, it has to dismiss the part-time employee in connection with the hiring of the main employee. In order for this to be organized correctly, two conditions must be adhered to:

• first, the agreement or contract must be concluded for an indefinite period of time;
• second, you need to notify the employee about this 2 weeks before the contract or agreement is terminated.

Termination of an employment relationship with a person who works in addition to the main service, when another employee is assigned to this position, for whom this work will be the main one, is, in fact, the initiative of the employer and, as mentioned earlier, such dismissal of a part-time worker is described in Art. 288 Labor Code of the Russian Federation.

An employment contract with a person working in several positions is of two types - fixed-term and indefinite. When drawing up a fixed-term employee, the employee is expelled strictly upon expiration of the term (indicated in the contract; liquidation of the enterprise or violation of discipline is not taken into account).

Because if an open-ended contract is signed, as mentioned earlier, then the employer has the right to fire the specialist when the main employee is found to replace him. Just do not forget that the manager is obliged to send a notice in writing no later than 2 weeks before the specified date of removal.

Dismissal under Art. 288 of the Labor Code of the Russian Federation will be correct if an employment contract with an official working in several institutions or several positions was previously concluded for an indefinite, unknown period.

p>However, we should not forget about the general rules for terminating employment relationships. An employer must not dismiss an employee who is a part-time worker during the period of vacation or illness.

The reduction of a part-time employee is similar to the reduction of the main employee, because he has the same rights and social guarantees. The reduction of an external part-time worker occurs in the same way as the reduction of an internal one. Exactly 2 months before the removal, the employer is obliged to notify the part-time worker.

An order is then issued regarding changes in the structure of the institution. Before laying off an official who works at an enterprise other than the main one (during these 2 months), the manager must offer him free vacancies, and if the part-time employee refuses, then he is fired due to staff reduction.

Dismissal of a part-time employee during vacation or illness.

Dismissal of a part-time worker during vacation or a period of temporary disability at the initiative of the employer, including under Art. 288 of the Labor Code of the Russian Federation, illegal.

On 04/08/2010, the Sovetsky District Court of the city of Tomsk considered the case regarding G.’s claim against the LLC for reinstatement at work, recovery of wages, vacation pay, average earnings for the period of forced absence, and compensation for moral damage.

G. filed a lawsuit against the LLC for reinstatement at work and, in support of her claims, indicated that she was hired by the defendant to work part-time for an indefinite period. On 02/08/2010, she received a letter from the defendant at her home address stating that on 02/14/2010 she would be dismissed in connection with the hiring of an employee on a permanent basis for her position. At the time of receiving the letter, she was on vacation (from 02/08/2010 to 02/20/2010) and was undergoing treatment. On February 27, 2010, she received another letter stating that her employment relationship had been terminated.

At the court hearing, the defendant’s representative did not admit the claim and explained that on 02/03/2010 a notice of dismissal from his position was sent to the plaintiff. The dismissal order was issued on February 17, 2010; G. refused to familiarize herself with it.

After listening to the explanations of the parties, examining and evaluating the evidence presented, the court considered that the claim should be partially satisfied on the following grounds.

According to the employment contract, G. was hired by the LLC on a part-time basis for the period from 11/01/2006 to 01/31/2010. From G.’s testimony it is clear that she actually began performing the work, but the employment contract was signed only on 01/01/2007 and for an indefinite period. The defendant's representative admitted this fact.

In this regard, when deciding on the dismissal of the plaintiff, the employer was obliged to take into account the provisions of Art. 288 Labor Code of the Russian Federation.

Paragraph 23 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” establishes that when considering a case on the reinstatement of a person whose employment contract was terminated at the initiative of the employer, the obligation to prove the existence of a legal basis dismissals and compliance with the dismissal procedure are the responsibility of the employer.

As follows from the order, from 02/01/2010, V. was hired on a permanent basis to work in the LLC for the position held by part-time worker G.. A record of hiring is available in V.’s work book. The fact of his employment was confirmed by witnesses. Taking into account the above, the court considers that V.’s employment with the LLC on a permanent basis from 02/01/2010 was confirmed. This means that the employer had a legal basis for dismissing the plaintiff. At the same time, the procedure for dismissing a part-time worker was not followed, which is confirmed by a number of circumstances.

The employee must be notified in writing of the date of the upcoming dismissal of the part-time employee, which cannot occur earlier than two weeks after the notification. The notice dated 02/03/2010 addressed to G. indicated that the employment contract with her would be terminated on 02/14/2010. When dismissing the plaintiff on 02/17/2010, the employer was obliged to warn him in writing about the upcoming dismissal no later than 02/03/2010. Thus, initially the notification of the upcoming dismissal did not comply with the requirements of the law, and therefore cannot be recognized as proper as containing false information about the date of dismissal of the part-time worker.

In addition, according to the provisions of Art. 81 of the Labor Code of the Russian Federation, it is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary disability and while on vacation. Dismissal of a part-time worker under Art. 288 of the Labor Code of the Russian Federation is dismissal at the initiative of the employer. By terminating the employment relationship on the 17th, that is, before the end of the vacation on February 20, the LLC significantly violated the norms of labor legislation and the procedure for dismissal. Under such circumstances, even if there are grounds for dismissing the plaintiff, the court cannot recognize the dismissal as legal. G. was reinstated to her previous job at the LLC as of February 17, 2010.

Dismissal of a part-time worker at the initiative of the employer

A part-time employee can be fired under one of the clauses of Article 81 of the Labor Code of the Russian Federation. For part-time workers, Article 288 is added to this, which prescribes an additional reason for terminating the relationship - placing a permanent employee in the place of a part-time worker. The article states that this basis is relevant only for those persons with whom an open-ended employment contract has been drawn up. If the period of validity of the contract is limited, then it will not be possible to use this article.

The employer is obligated to inform the part-time worker about the upcoming event; the code defines a warning period for each reason. For example, upon dismissal under Article 288. warning period is 2 weeks, in case of liquidation of the company or reduction of personnel - 2 months.

It is necessary to have a timely warning to the part-time worker through a written document. If it is not possible to personally deliver the notification documentation, you can send it by mail and receive a notification that the letter has been delivered to the addressee. It is important to obtain the signature of the dismissed part-time worker on the warning form.

If the dismissed person does not want to sign the warning, then it should be read out loud in front of witnesses, and then the refusal to sign should be certified in the form of an act.

Dismissal of a part-time worker without work

Art. 80 of the Labor Code of the Russian Federation provides that the employee submits an application no less than 14 calendar days before the date of dismissal. However, it is not necessary to maintain the warning period. An employee may be dismissed earlier in the following cases.

1. The employer wants to fire the part-time worker earlier, but he has no objections to this.
2. Dismissal occurs due to the impossibility of further work (for example, for health reasons or due to retirement due to age). In this case, the employee himself indicates when he should be fired.
3. There is a significant violation of the law, local regulations or contract terms on the part of the employer. Here, too, the employee has the right to decide when he wants to leave the workplace.

Order

A standard T-8 order form is provided, which is convenient because it contains all the necessary details, but if desired, the company can prepare its own form.

The order states:

• Information about the employer;
• Details of the part-time agreement;
• Date of dismissal;
• Part-time partner information;
• Article of the Labor Code of the Russian Federation, which allows you to terminate relations with a specified person;
• A document serving as the basis for dismissal (application from a part-time worker, notice or warning to the employer);
• Manager's signature;
• No. and date of formation of the order.

The order must be brought to the attention of the part-time worker against signature. If a standard form is used for registration, then it has a special field in which the resigning person signs and indicates the current date.

If it is not possible to provide a part-time employee with an order for signature, then a similar mark is also made.

The form for the order to dismiss a part-time worker is in the T-8 form, but if the company has drawn up an individual form, then it is used.

The order consists of:

• employer information;
• date of dismissal of the employee;
• a document serving as the basis for dismissal (for example, a written notice from the employer or a statement from the person resigning);
• order number and date of its preparation;
• grounds for termination of an employment contract (link to article);
• signature of the manager;
• details of the part-time agreement (indicated in the “header”);
• information about the part-time worker.

Sample

The form of an order to dismiss an external part-time worker is no different from an internal one.

Let's sum it up

• Notify the part-time worker of dismissal under Art. 288 of the Labor Code of the Russian Federation is required 2 weeks before termination of the employment contract.
• The notice can be delivered in person or sent by registered mail with a list of attachments.
• There is no unified form of notification; it is drawn up in free form.
• Missing the deadline for notifying a part-time employee of dismissal is a violation of labor law. For this, the employer may be held liable under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

If you find an error, please select a piece of text and press Ctrl+Enter.

Part-time dismissal at your own request

You need to employ and fire a part-time employee in the same way as any full-time employee. The differences will be insignificant and related to what type of part-time job the employee carried out and for what reason you are dismissing him.

A combined position can be internal or external. An internal employee takes a part-time position in the same company where he is employed. The external one works in a primary position in another company, and works part-time in yours. The work record of someone holding a dual position within the same company is stored in the archives of the personnel department. When combined externally, the book lies in the place of the main work.

There may be several positions held by a part-time employee; the law only stipulates that the employee must have enough time to sleep. At each place, an employment contract is concluded with a part-time employee, and the employee has the right to receive annual leave and bonus payments.

At each place, an employment contract is concluded with a part-time employee, and the employee has the right to receive annual leave and bonus payments.

The cooperation agreement under which the part-time partner operates is of two types: fixed-term (with a specific end date) or unlimited. When concluding an open-ended contract, the hired person has the right to resign without giving you reasons at any time.

On the last working day, the part-time worker must be given his work book (if it is kept by this employer), documents related to the part-time job, and a paycheck.

When calculating, the employee must receive the following payments.

1. Salary for the days of the last month worked. In this case, it is necessary to take into account not only the provisions of Art. 140 of the Labor Code of the Russian Federation, which talks about payment upon dismissal, but also the rules of Art. 285 of the same code regarding the remuneration of part-time workers.
2. Compensation for unused vacation days. They are calculated according to the rules of Part 1 of Article 127 of the Labor Code of the Russian Federation.
3. Other payments provided for by current legislation or local regulations. For example, if an enterprise has a bonus system, and a part-time worker earned a bonus at the end of the period, it must also be paid.

An entry indicating that the employee was a part-time worker is usually not included in the work book. However, according to the Instructions on filling out work books, if an employee wishes, he can demand that the relevant information be entered into this document.

To do this, he needs to provide the employer for whom he works at his main place of work with documents confirming the fact of part-time work. The law does not establish an exact list of such documents, but usually a second employment contract is sufficient.

If an employee does not use vacation days, the employer must pay him compensation. Every employee upon dismissal has the right to it, regardless of the reason for dismissal and the party who expressed the desire.

We invite you to read: Report on voluntary dismissal - sample 2020

Dismissal process

In general, the process of dismissing employees is the same, but depending on the type of part-time worker, the procedure has some specifics:

1. If a citizen who has his main job at another enterprise quits, no entries can be made in the work book, because it is kept by the main employer. The management of the organization that hired a person for a part-time job can issue extracts, copies of orders and other documents that confirm the fact of employment, income and length of service.
2. When an internal part-time worker quits, the employer makes a corresponding note in the work book, because it is with him. The same is done when a citizen leaves his main place of work.

Payments to a part-time worker

The final payment to the dismissed person should be made on the last day.

The following are subject to payment:

• salary accrued for the time period worked;
• compensation for those vacation days that the employee did not have time to take;
• severance pay in some cases;
• other types of compensation payments, if they are specified in the company’s internal documentation.

To calculate these amounts, the existing standard form is used - calculation note T-61.

Payment of compensation

The part-time worker has the right to monetary compensation for those days of vacation that he did not have time to take off. It is due to every person resigning, and the reason for dismissal and the initiative party do not matter.

Severance pay

Compensation in the form of severance pay is issued to a dismissed part-time worker in the following cases:

• Reduction in the number of personnel - the amount of average earnings per month (if there is further unemployment for three months, another 2 monthly earnings are paid);
• Liquidation of the employer - the amount of payment is determined similarly to the previous paragraph;
• Subject to the conditions of Art. 178. Labor Code of the Russian Federation - the amount of average 2-week earnings;
• Other cases specified in the employer’s local internal documentation.

Reasons

According to the Labor Code of the Russian Federation, the dismissal of external and internal part-time workers occurs on the same grounds as the main employees.

In most cases, termination of a contract with a part-time partner is made on the following grounds:

• the position was completely eliminated;
• the working conditions that were previously established by the contract have changed;
• the company where the part-time worker worked was liquidated;
• the employer and part-time worker agreed by mutual consent;
• the part-time worker decided to resign of his own free will;
• according to medical indicators
• the contract that was concluded with the part-time partner has expired;
• The employee has disciplinary sanctions for various reasons.

According to the Labor Code of the Russian Federation, a part-time worker is subject to dismissal if he was hired for an indefinite period, and another employee is applying for his place, for whom this position will become the main place of work.

But if the contract is urgent, then the application of such a rule is impossible; it is necessary to wait until the contract expires or an agreement is concluded between both parties.

Benefits for part-time workers apply in full, therefore the company does not have the right to dismiss certain persons:

• if a woman has minor children or disabled children;
• a parent who is raising children under 14 years of age alone;
• employees on sick leave or vacation.

Part-time employee's notice of dismissal: sample

The management of the enterprise must warn the person about dismissal in writing. To do this, you need to draw up a notice of termination of the contract with the part-time worker. The sample of this document has not been approved, so it is compiled in free form.

An example text of the notice may read as follows: “We notify you that, in accordance with Article 288 of the Labor Code of the Russian Federation, due to the fact that an employee for whom this position will be the main one will be hired in your place, you are subject to dismissal on July 16, 2018.”

The notice is drawn up in two copies - one is given to the person being dismissed, and on the other he signs that he was notified.

The legislative framework

When deciding on the voluntary dismissal of a part-time worker, you must be guided by the following regulations.

1. The Labor Code of the Russian Federation as the basis for all labor legislation.
2. Federal Law “On Accounting” No. 402-FZ of 2011. In this case, he allows the use of non-standard order forms.
3. Resolution of the State Statistics Committee of the Russian Federation No. 1 of 2004, which approved standard forms for personnel orders.
4. Instructions on the procedure for filling out work books (approved by Decree of the Ministry of Labor of the Russian Federation No. 69 in 2003). It regulates the rules by which an entry is made in the labor record of a resigning employee.

Depending on the specific situation and operating conditions, other regulations may be required.

When a part-time worker cannot be fired

You cannot fire an employee working part-time if a fixed-term employment contract has been concluded with him. In this case, it can be calculated only after the expiration of the contract.

Also controversial is the issue of dismissal of a part-time pregnant woman, a woman with a young child, a single mother and other employees listed in Part 4 of Art. 261 Labor Code of the Russian Federation. More information about the dismissal of a part-time worker who has a child under 3 years old can be found in this article.

The procedure for dismissing a part-time worker

Upon termination of an employment contract, a dismissal procedure takes place, the initiator of which can be either a part-time worker or an employer.

If there are compelling reasons for terminating an employment contract with a part-time worker, the following actions must be taken:

1. The part-time employee or employer must be notified of dismissal in writing. If the initiator is an employee, then a resignation letter is required, if the employer, then a written notice addressed to the employee.
2. Order to terminate the employment contract. It can be drawn up either according to a ready-made sample or according to an individual company sample.
3. Calculation of employee wages and compensation for unused vacation days.
4. Payment to the part-time employee of the calculated amount on the last working day.
5. An entry about the termination of the employment contract (if desired by the person leaving) is made in the work book and T-2 card.
6. Issuance of certified copies of documents upon dismissal to a part-time employee that were related to the work, if he wrote a written statement to this effect. This includes the original certificate of payments for two years.

A part-time employee is definitely the same employee as the main employee, and therefore the procedure for his dismissal should be absolutely the same.

There are three options for terminating an employment relationship with an employee:

• based on your own desire;
• thanks to the agreement of the parties;
• based on the initiative of the employer.

If a person who combines several jobs quits based on his own desire, then the first thing he needs to do is write a letter of resignation. Based on it, the manager prepares an order for the company. At the same time, the resigning employee must work the required two weeks before leaving.

In the second situation, termination of an employment contract by a part-time worker is carried out as follows:

• he writes a letter of resignation from combining several official duties at the same time and, together with the employer, signs an agreement;
• the manager issues an order to the institution to dismiss such an employee;
• If necessary, a note is made in the work book.

Procedure on the part of the employer

Separation from the employer, regardless of the wishes of the part-time employee, is a strictly regulated procedure. Since enterprise management is aware of the risk of conflict situations if a part-time employee does not agree with the dismissal, special attention is paid to strict compliance with the requirements of the law at each stage of dismissal:

• Identification of justification, which, from the point of view of legislation, is sufficient for dismissal at the initiative of the employer (collection of documents presented by acts of misconduct, notification of upcoming layoffs, employment of an employee at the main place of work). Notifying a person about an upcoming separation.
• An internal order is being prepared based on the general requirements for personnel documents. After the manager signs the order, a copy is given to the employee. On the order itself, the employee signs that he has read it.
• On the last day of work, a payment is paid - compensation for unused vacation and payment for the last days worked.

Since the combination does not imply storage of the work record with the second employer, its location does not change with the dismissal of the part-time employee.

• Calculation of compensation for unused vacation upon dismissal

The principles of separation from external and internal part-time workers are similar, with the exception of the situation where the employer initiated the process of dismissal of the person occupying the main and additional positions. In this case, the person receives a work book along with the paycheck.

Within the framework of Article 60.2 of the labor legislation, the management of an enterprise has the right to assign part of the responsibilities for related or additional work to its employee. Thus, a person is given the opportunity to simultaneously perform duties in two positions. The combination is not formalized by an additional contract. As a rule, the administration of the enterprise agrees on a new expanded list of responsibilities, with written confirmation from the employee of his consent. In this situation, it is even easier to terminate the combination - the party initiating the termination of the employment contract notifies of its intention within three days. The Labor Code of the Russian Federation does not require any additional documentation.

The absence of an order to hire an internal part-time worker determines the subsequent absence of the need to issue a dismissal order. When you leave your main place of work, the combination ends on its own.

Reasons

In labor law, part-time work means performing additional work for the same or another employer (Article 60.1 of the Labor Code of the Russian Federation).

Distinctive features of part-time work are:

• work in free time from the main work activity;
• time limit on labor;
• registration of part-time work with a separate employment contract.

The number of part-time jobs is not limited by law. However, the employee must understand that most places of work require the employee to be present in person for a certain period of time.

A special feature of a part-time employment contract will be the inclusion of a condition regarding this, as well as the establishment of a special regime and duration of working hours.

For some categories of workers, for example, doctors and teachers, there are special requirements for registration of part-time work.

The Labor Code also establishes a number of prohibitions on part-time work:

• for minors;
• for employees of hazardous industries, if part-time work involves the same working conditions.

Types of part-time workers and legislation regulating their work

Part-timers can be of two types:

• internal (occupying several positions in one organization), for example, a kindergarten cook works at night as a watchman there;
• external (working for several employers), for example, a worker at an enterprise with a schedule of one day on/three days off on weekends works part-time at a construction company.

The work of internal and external part-time workers is regulated by the same legal norms (Article 60.1, Chapter 44 of the Labor Code of the Russian Federation).

Article 288 of the Labor Code of the Russian Federation

A separate chapter, number 44, is devoted to the regulation of issues related to part-time work in the Labor Code. In particular, it establishes temporary restrictions on the work of part-time workers and a number of labor guarantees.

One of them is to provide vacation at the same time as for the main job. The employer cannot refuse to exercise such a right; it is obliged to comply with the requirements of the law.

In addition to the common grounds set out in Art. 77 of the Labor Code of the Russian Federation, Article 288 mentions one more thing: a bonus for the same position of the main employee. The reasons for such a manager's decision can be very different.

Establishing an additional reason for terminating an employment relationship in this case will not be discrimination, since it applies to absolutely all part-time workers, external and internal.

Grounds for termination of the contract

Most grounds for termination of employment are the same for all employees. This means that, according to the law, it is quite possible to fire a part-time employee without his desire. In particular, the legislation provides for the following cases of termination of a contract at the initiative of the employer:

1. Liquidation or termination of the work of an organization or its division, if it and the head office are located in different localities.
2. Reduction of staff.
3. Insufficient qualifications of the employee, revealed after his certification.
4. More than one instance of failure by an employee to perform official duties, provided that there is a valid disciplinary penalty.
5. The co-worker lost trust due to the guilty actions he committed.
6. The employee provided incorrect information about his income, conflict of interest, etc., if this is imposed on him by legislative acts.
7. The specialist has committed an offense that is contrary to moral standards and is therefore incompatible with continuing to work in the organization.

It is also worth noting such grounds as gross violation by an official of his labor duties. Such violations include:

• absenteeism;
• presence at the workplace under the influence of alcohol or drugs;
• disclosure of personal data of enterprise employees or trade secrets that were known in connection with production activities;
• theft committed by a part-time employee at the enterprise;
• violation of safety regulations that could lead or has already led to serious consequences;
• providing documents with false information when applying for a job.

Thus, Russian legislation recognizes the legal termination of employment relations with external and internal part-time workers at the initiative of the employer. But for this, their dismissal must be carried out for one of the reasons specified in the regulations.