External and internal part-time work: how to correctly formalize the dismissal of a part-time worker at his own request?

The dismissal of a part-time worker at his own request represents the end of a work activity that is not the main one for the employee himself. Such a procedure may differ due to its specificity and important nuances.

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Part-time dismissal at one's own request (concept and features)

The legislation gives a person the opportunity to work part-time, which is paid regularly, during the period remaining after fulfilling his duties under the main work contract. Such work activity is part-time. It can be carried out within only one company (that is, within it), and in another company, in accordance with Article 60.1 of the Labor Code of Russia.

Dismissal of a part-time employee on his own initiative, and not without his consent, is the termination of the employment contract that was concluded when he was hired for another job. This process is carried out in accordance with the general rules of labor legislation, that is, an employee has the right to submit a statement of desire to leave the workplace at any time if there is a warning from management at least two weeks before the day of the expected departure from work.

Can a part-time worker quit without working?

Based on Part 1 of Art. 80 of the Labor Code of the Russian Federation, an employee who wishes to resign must inform the employer about this no later than two weeks in advance. This period is given so that the manager can find a replacement for the person leaving.

When can you terminate a contract without working out (Article 80 of the Labor Code of the Russian Federation):

• The manager violated labor laws.
• Termination is carried out when the employee cannot continue to work for objective reasons: enrollment in an educational institution as a full-time student, being drafted into the army, retiring, etc.
• The employee cannot continue to work for medical reasons.

In the latter case, the employer must offer him a suitable position in accordance with his state of health. If there is none, it is impossible to leave in the same place an employee who has a medical certificate with contraindications for his type of activity.

All the rules presented above also apply to part-time workers: if they are going to quit, they need to notify their manager 2 weeks in advance. When there are no grounds for exemption from service, you can do the following:

• Agree with the manager.
• Offer the employer to terminate the employment contract by agreement of the parties.

The latter involves sending a written notice with an appropriate proposal. If the manager agrees, an agreement is concluded between the parties, which specifies all the conditions of dismissal, along with the date, compensation and other payments to the employee.

A part-time employee, like the main employee, has the right to resign while on vacation or sick leave. This will allow you to avoid working off if you calculate the timing correctly. For example:

Eltsov P.V. went on vacation for 28 calendar days from June 10. The next day he decided to quit and submitted a corresponding statement to the employer. The notice period began to run only on June 12, and the dismissal took place on the 25th.

Sample application

Writing the required application is the initial step in the process of dismissing a part-time employee. The application can be completed manually or printed. It may contain:

• wording that makes it clear that the employee wants to leave the workplace;
• indication of the required day of dismissal;
• personal signature of the employee, as well as the day the document was written.

The question of whether a part-time employee’s statement of resignation drawn up in printed form will be accepted quite often. The legislation does not contain a direct prohibition, so many companies have printed templates for such documents designed for execution without errors. Thus, we can say that, according to the law, a handwritten statement has the same meaning as its printed version.

The employee cannot indicate in the document the day of leaving work - if this happens, the employment agreement will be terminated only on the last working day of the second week of the work period. The date is important only when the employee needs to resign on a strictly defined day, if there are significant reasons for this (retirement, admission to university, etc.).

Sample application for voluntary resignation

Grounds for cancellation of work

There are legal grounds for canceling or reducing the required period of service , namely:

• the employee started studying;
• employee retirement;
• a person is going to move to another country or to another city;
• there was an agreement between the parties to cancel mining;
• the employer violated labor laws by his actions.

The law provides for the protection of the rights of both main employees and part-time employees, so there are almost no differences in the procedure for dismissing such employees. Both employees and employers are required to adhere to existing legal provisions.

Dismissal without work

Should a part-time worker who quits on his own initiative have to work 2 weeks? If the implied standard practice is that there will be a two-week period of service after a voluntary resignation is submitted, then this is a legal procedure. Article 80 of the Labor Code of the Russian Federation establishes a specific procedure for this process.

For the process of leaving work at the initiative of an employee, there is one important rule - the resigning employee must submit a document fourteen days before the day that is specified in the application as the period from which he will be dismissed.

If an employee wishes to resign and submits a corresponding application, and is required to work for two weeks, there are the necessary grounds for this. All obligatory payments will be provided within these days.

Legislative regulations allow options for leaving work either with or without work; you just need to know in which article to look for such information. For example, a part-time worker and his superiors can agree on:

• complete abolition of working hours;
• reducing the period in a situation where an employee goes to study at a university or other educational organization;
• reduction or complete cancellation of the working period if the employee is a pensioner;
• complete cancellation of working hours if an employee leaves work due to moving to a remote region or another country;
• canceling the working period for an employee in a situation where the employer committed violations, that is, came into conflict with the norms of the Labor Code.

The procedure for dismissing a part-time worker

The process of terminating an employment relationship with a part-time worker is regulated by Art. 84.1 of the Labor Code of the Russian Federation and is carried out in the general manner:

1. The employee draws up a statement requesting dismissal on a specified date. The calculation of the two-week period begins on the day following the date of submission of the document to the employer.
2. The manager receives the application and makes a decision on the appointment or release of work, if it does not indicate a specific date on which the employee wishes to leave the organization.
3. An order to terminate the contract is drawn up and given to the person leaving for review against signature. It must bear the seal of the company and the signature of the director.
4. On the last day of work, the employee is given all documents and a full payment is made.

Payments to a part-time worker upon dismissal

On the day of termination of the contract, the part-time worker must be paid all the money he earned: a salary calculated in proportion to the time worked, as well as payment for unpaid vacation (Part 1 of Article 127 of the Labor Code of the Russian Federation). If the dismissal is made by agreement of the parties, it may indicate additional compensation transferred to the employee from the employer.

If an employee was absent from the enterprise on the day of dismissal for any reason, and it was not possible to make a settlement with him, then all the money must be given back no later than the day following the day the quitter applied (Article 140 of the Labor Code of the Russian Federation).

How to formalize leaving work with an external part-time job

Part-time workers can be both internal and external. Internal part-time work consists in the fact that a person works in two positions at once, but in one organization, does not leave it and spends working time only within its boundaries.

An external part-time worker is someone who primarily works for another company, but additionally works at a given enterprise located in a radically different location.

Important! The second job is a work activity that is externally combined with the main place. According to the law, any part-time job must be properly and documented, which means that the employee must be dismissed in accordance with all applicable standards.

How leaving a job occurs depends on how the external part-time worker was hired. When hiring him to the workplace, it is necessary to carry out a certain procedure.

The employee draws up the necessary application, as well as an employment contract with signatures by agreement of the parties. Next, an order is issued for the admission of a part-time worker to a specific position.

Before dismissing an employee who comes to work from another company, you should carefully consider some nuances:

• it is necessary to fire a person not on a day off or on a holiday;
• if the work book of such an employee is located at the main workplace, you need to visit the personnel or accounting department to pick up the document for signature and bring it to another workplace to make the necessary entries. You won’t be able to do without a work book;
• attempts by an employer to punish a part-time worker financially, for example, by imposing a sanction or a fine on him, are illegal and contrary to legal principles, which means that such actions are very easy to appeal in court.

Even if the employment contract contains certain conditions for the dismissal of such a part-time worker, for example, that a resignation letter must be submitted a month in advance, otherwise he will not receive any compensation - be that as it may, according to labor law, the employee has the right to submit a document for fourteen days before the date of dismissal.

Refusal to provide the required amount of money (earnings) or vacation accruals that were not used are actions contrary to the law, therefore the employment agreement does not have any importance here. The court will be based on the law, and not on the content of the employment contract, when making a specific decision.

Types of part-time jobs

Additional work, like the main one, is permanent and paid; it is attended in free time after completing the duties that the employee must perform at the main job. But sometimes in everyone’s life there comes a time when a person needs to know how to properly and legally dismiss an external part-time worker at his own request - without work or with work, as well as the nuances of dismissing an internal part-time worker at his own request.

Who are the part-time workers? These are employees whom the employer hires not for the entire working day, but only during their free time from their main job. There are two types of part-time jobs:

• external;
• internal.

In both cases, labor relations are formalized and regulated by the rules of law in legislation.

An external part-time worker is any employee who works at one enterprise in a primary job and at another in an additional job. An internal part-time worker combines both additional and main work at the same company.

According to the law, a citizen has the right to take on several additional jobs, their number is not limited. The most important thing is that such work be formalized and legalized, just like the work of key workers. This is in the interests of the employee, including because sooner or later the moment comes when it becomes necessary to resign from a part-time job at his own request. Then everything should be regulated by law.

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Submitting an application

After completing the application, it must be provided to employees of the personnel department, accounting department, or the management of the company. The competent person accepts the document and registers it. In order for an employee to prove that an application was submitted on a specific day, he must keep one copy with a mark on it.

In a situation where an employer does not wish to accept an application to fire a person, it can be sent by mail with return receipt requested. A sample notification can be found on our website. Later, the notice will be returned back to the employee, but it will be signed by the representative of the organization’s management who received the document. This method of notification takes a lot of time because the fourteen-day period calculated for working out starts from the next day after the employer receives the notification.

Dismissing an external part-time worker at your own request: how to fire correctly

An external part-time employee is a full-time employee who works most of the time for one employer, and after the end of the work shift performs labor functions for another. At the same time, a citizen has the right to conclude employment contracts with two or more employers at his own discretion (Part 2 of Article 282 of the Labor Code of the Russian Federation). In the text of the employment contract, the second (third, etc.) employer must indicate that the employee’s work is part-time (Part 3 of Article 282 of the Labor Code of the Russian Federation).

One of the main requirements of part-time work is compliance with the norm of working hours. As a general rule, it should not exceed 4 hours a day. Only on those days when an employee is released from duties at his first place of work, he can additionally work a full shift part-time (Part 1 of Article 284 of the Labor Code of the Russian Federation). The work of an external part-time worker is paid in proportion to the time he worked. Wages may also depend on output or be determined by other conditions specified in the employment contract (Part 1 of Article 285 of the Labor Code of the Russian Federation).

Application methods

Having drawn up a letter of resignation, the employee must submit it to the personnel service, accounting department or directly to the head of the organization in which he works part-time. The authorized person is obliged to accept the document and register it in the manner determined by the internal regulations of the organization. In order for the employee to retain proof that the application was submitted on a certain day, it is necessary to keep one copy with a mark of acceptance.

If the employer refuses to accept the application, it should be sent via the postal service by registered mail with return receipt requested. This notice is returned to the employee with the signature of the employer’s representative who received the letter (subparagraph “b”, paragraph 10 of the rules for the provision of services, approved by order of the Ministry of Telecom and Mass Communications of the Russian Federation dated July 31, 2014 No. 234). However, this method of notification takes longer, since the two-week work period will begin only from the next day after the employer receives the letter, and not from the moment it is sent.

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It is worth noting that a part-time worker can submit an application while on vacation or sick leave. These days will be included in the working period. A direct ban on dismissing an employee during illness or on vacation is established exclusively for the employer, that is, in the case when the initiative to terminate the employment contract comes from him (Part 6 of Article 81 of the Labor Code of the Russian Federation).

Drawing up a dismissal order

On the last day of work of a part-time worker, the employer is obliged to issue an order to terminate the employment contract with the employee. Until 01/01/2013, for all organizations operating on the territory of the Russian Federation, a single unified form of dismissal order No. T-8 was established (approved by Resolution of the State Statistics Committee of the Russian Federation dated 01/05/2004 No. 1). In connection with the adoption of the Law “On Accounting” dated December 6, 2011 No. 402-FZ, employers were able to use their own form of order, developed within the organization.

Regardless of which form the employer’s representative fills out (when drawing up an order in free form, the best option would be to issue it on the organization’s letterhead), the order must contain the following:

• employer's name;
• serial number of the document, date of its preparation;
• details of the employment contract with a part-time worker (date of signing and number);
• information about the date on which termination of the contract is formalized (i.e., dismissal);
• Full name and position of the part-time worker being dismissed;
• grounds justifying the termination of the employment contract (the text of this line should be formulated in strict accordance with clause 3, part 1, article 77 of the Labor Code of the Russian Federation);
• reference to the documentary basis for dismissal (in this case, this is the employee’s statement indicating the date of its preparation);
• signatures of the manager and part-time worker, as well as the date of familiarization with the order, which the employee must sign with his own hand.

The execution of the order by an authorized employee, its signing by the manager and familiarization with the document of the resigning employee of the organization confirms the fact of the final completion of the part-time worker’s employment with the employer.

Dismissal of an internal part-time worker

An internal part-time worker works at two jobs in the organization at once.

Do not confuse internal part-time work with combination, in which a person performs different duties, but within a single regime.

To carry out such part-time work, it is necessary to have two or more work schedules, two salaries, etc. If the employee leaves his main job, the part-time job ends. The exception is situations when the employer cannot offer part-time work as the main one.

The dismissal of an internal part-time employee can only occur at his own request, and not at the initiative of the employer. This way he will not lose his main job and will be able to continue working under an employment contract.

This case ensures the issuance of guarantees and compensation in full.

How is an entry made in the work book?

The work book consists of several columns in which the following information must be entered:

The line “Admission information...” must contain the signature of the HR department employee or the employer, as well as the seal of the organization. The work book is issued to those resigning on the last day of work along with a salary certificate and SZV-M.

Calculation of a part-time worker upon dismissal

In 2020, a part-time worker who is about to resign is entitled to the following mandatory compensation:

• severance pay equal to the average salary for the month (if management was forced to reduce staff or liquidate the company);
• sick pay;
• compensation for unused vacation.

Other types of compensation may be specified in labor or collective agreements. Vacation pay is made together with the calculation for the entire period worked.

What may be the grounds for dismissal?

The answer to this question is the same - the same as for key employees. Dismissal cannot be carried out during the period of vacation (regular or maternity leave, for example), or sick leave. The date when the employment contract is terminated, in this case, cannot be earlier than the end of these events. If an employee was hired for a certain period of time, then he can be fired only after it has expired and nothing else.

Dismissal of a part-time worker can be made in three cases:

• at the initiative of the employer (change or reduction in the organization’s staff);
• at the employee’s own request;
• by mutual agreement of the parties to the employment contract.

The grounds for dismissing a part-time worker can be divided into two categories:

• general - any provided for by the Labor Code (for example, if an employee wants to quit or the employer fires him for absenteeism);
• additional - hiring a main employee to a part-time position (Article 288 of the Labor Code of the Russian Federation).

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An employer cannot dismiss an employee employed part-time in an organization on his own initiative if the employee:

• is on vacation or sick leave;
• expecting a child;
• belongs to any of the categories listed in Part 4 of Art. 261 of the Labor Code of the Russian Federation (for example, an employee has a child under three years of age).

The listed restrictions do not apply if the basis for dismissal is the liquidation of the organization (see paragraph 28 of the resolution of the Plenum of the Armed Forces of the Russian Federation “On the application of legislation...” dated January 28, 2014 No. 1).

The departure of the main employee is a legal basis for the dismissal of a part-time worker at the initiative of the employer in the general case (i.e., if there are none of the limiting factors listed above).

The fact of the upcoming dismissal of a part-time worker must be notified at least 2 weeks before the termination of the employment relationship (Article 288 of the Labor Code of the Russian Federation). To do this, you must draw up a written notice and hand it to the employee against signature.

The form and content of such a notice are not established by the legislator, so the employer can prepare it independently. In this case, it is worth indicating:

• date of preparation of the document and its number;
• information about the dismissed employee - full name. and position;
• warning that the employment contract will be terminated on the basis of Art. 288 Labor Code of the Russian Federation;
• expected date of termination of the employment contract.

Registration of a part-time job record and issuance of a work book

An entry in the work book about part-time work is optional, but if the employee wants it to be included, this is possible. To do this, you need to visit the personnel or accounting department from the main place and bring the appropriate application. The basis for making an entry is an employment contract for part-time work.

A work book is a form intended for clear reporting, so it must be kept at the person’s main workplace, submitting it there when hiring the main employee. During the dismissal of someone who works part-time, this document is not provided to him. The responsible employee is obliged to return it to the former part-time worker on the day of his dismissal.

Registration of dismissal

Dismissal of an internal part-time employee at his own request is not much different from dismissal of a main employee.
He also writes a statement, then draws up an order for dismissal in form No. T8-a. The document does not indicate whether the part-time worker is external or internal. The order states:

• Full name of the employee;
• his position;
• personnel number of the person leaving;
• date of dismissal;
• basis indicating the article of the Labor Code;
• withholding or compensation data;
• signatures of the manager and part-time worker in the appropriate columns.

If an internal part-time worker leaves the organization altogether, two entries are made in his employment record:

• about dismissal as a main employee;
• below about dismissal as a part-time worker.

The reasons for dismissal
do not have to be the same. In the same way, there should be two records of hiring. The accounting department makes calculations on two personal accounts. When working under an employment agreement, an employee can notify the employer of his refusal to perform additional duties 3 working days in advance (in accordance with Article 60, paragraph 2 of the Labor Code).

The employer must not forget that a part-time worker has the same rights as all other employees. In this regard, registration for a job or dismissal should be done on a general basis. The first point is carried out in three stages:

• drawing up and submitting an application containing a request for employment (an external part-time worker must provide a passport and education document to the enterprise’s HR department);
• signing of an employment contract (fixed or unlimited) by the parties;
• issuing an order stating that a person has been hired for internal or external part-time work.

And remember that when applying, you do not need to provide an extract from your work record book or a copy of it. Close attention should be paid to the employment contract; it is its provisions that play a decisive role when the question of dismissing a part-time worker arises. Otherwise, the procedure will be the same as for key employees.

The (employment) contract for part-time workers is the same as for others. It can be indefinite or urgent. This point is of significant importance when dismissing. Being of a fixed-term nature, an employment contract must also have an end date - a calendar date or before the occurrence of a certain event, for example, the end of seasonal work or repairs.

Step-by-step instruction

The dismissal is formalized by the management of the company. It includes the following steps:

1. Submitting an application addressed to the employer in free form.
2. Making an order.
3. Putting a mark in the work book.
4. Discussion of deadlines.
5. Providing payments and compensation.

According to the law, a part-time worker has the same rights as all other employees registered only at the main workplace. If we exclude some nuances, the dismissal process will not differ much from the standard procedure.

Procedure for terminating an employment contract

Just as they were hired on the basis of an order from the head of the organization, the dismissal of a part-time worker is also carried out on the basis of an appropriate order with the obligatory formulation of the reason - it will then appear in the work book.

If we are talking about layoffs, then the part-time worker receives a notice no less than two months in advance, indicating:

• 
  full name of the organization;

• Date of preparation;
• date of planned care;
• the reason why it is planned to terminate the cooperation;
• signature with transcript.

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.

Part-time job reduction

Guarantees of labor rights are provided to part-time employees on an equal basis with main employees, but so do the responsibilities. The possibility of reduction is not excluded by law. Compliance with the established procedure is mandatory. The dismissal of an external part-time worker and an internal part-time employee due to staff reduction is similar to the procedure in relation to main employees.

Namely, the employer is obliged to notify 2 months in advance that changes will be made to the organization’s staffing table (an order is issued about this). During this period, before the day of dismissal, the part-time employee must be offered other vacant positions, if any. Available vacancies may have lower pay and may not be as interesting or prestigious.

You can refuse them, and then the dismissal of the part-time employee due to staff reduction is formalized within the prescribed period. Severance pay is calculated in the same way as for main employees: upon calculation (average monthly earnings) and for another two months if the person does not find a job during this period.

It is important to know that when laying off, there is no difference between a main employee or a part-time employee, and discrimination of rights on this basis is illegal. This statement is confirmed by judicial practice. You can always write a statement if you think that your rights have been violated.

Reduction of a part-time worker not related to the hiring of a main employee to the position he holds is carried out in accordance with the general rules established by the current labor legislation. A prerequisite for the legal dismissal of an employee is his timely notification of the upcoming termination of the employment contract. The part-time worker must be informed of no less than:

• for 2 months - in the general case (Part 2 of Article 180 of the Labor Code of the Russian Federation);
• 7 calendar days - for workers engaged in seasonal work (Part 2 of Article 296 of the Labor Code of the Russian Federation);
• 3 calendar days - for employees hired under a fixed-term employment contract lasting no more than 2 months (Part 2 of Article 292 of the Labor Code of the Russian Federation).

Example of a dismissal 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.

Example of a dismissal order

basic information

In order to obtain greater profits and increase the amount of monthly income, many capable citizens work in several enterprises at once. This form of double employment is not prohibited by law, but it has some peculiarities.

Part-time workers have a main place of work and an additional one.

Some employers have a negative attitude towards such employees, since the employee’s excessive workload does not allow him to fully perform his job duties at his main place of work.

End of employment relationship with external part-time worker

An employee performing labor duties as an external part-time worker has the right to terminate the contract early at his own request, guided by the provisions of Article 80 of the Labor Code of the Russian Federation.

It is important to ensure that the employer records the properly submitted application. The registration number will be the starting date of the mining report.

An external part-time worker is not required to indicate in the application the reasons for the decision to resign of his own free will.

The employer does not have the right to refuse to accept the application, and upon receipt of it may take the following actions:

• put your resolution to transfer the documents to the HR department;
• hold a personal meeting with an employee who wishes to terminate the employment relationship early;
• offer to terminate the contract by mutual consent of the parties.

The agreed terms for terminating the employment contract can be documented and followed until the actual termination of the contract.

Compensation

Regardless of the form of cooperation with the employer, any employee has the right to well-deserved annual paid leave. If the termination of the employment relationship occurred during a period when the employee practically did not use his right to rest, then the employer undertakes to compensate him for these days.

If the employee has used the advance form of the right to rest, the amount of compensation received in advance will be deducted from the final calculation. An internal part-time worker is not obliged to demand leave simultaneously under two employment contracts.