Parting 

The procedure for the dismissal of internal part-time workers. Features of the dismissal of a part-time job in Russia

Labor legislation regulates a special procedure for the work of part-time workers, their hiring, registration, and dismissal. There are several reasons for terminating the employment contract with such an employee at the enterprise: his own desire, agreement of the parties, as well as dismissal related to the initiative of the enterprise. The dismissal of a part-time job at the initiative of the employer must take place exactly with the specified norms of the law, taking into account the specifics of the work - internal or external part-time job. Adhering to the procedure established by law is extremely important, since, most often, dismissal occurs with violations, which leads to litigation.

For example, with internal part-time work, the peculiarity is that the work book is stored at the same enterprise. Accordingly, this employer is responsible for entering information about the work of this employee into it. In addition, when resigning from the position of a part-time job, he does not lose the main position in which he is listed in the same company. And vice versa, having quit his main job at this enterprise, he does not lose the second position, which he performed in his free time.

Cases of dismissal of a part-time worker

You can dismiss a specialist who works in his spare time from his main job for the following reasons:

  • At the initiative of the employee;
  • Due to the admission to this position of the main employee;
  • In connection with the liquidation of the enterprise;
  • If the state of his health does not allow him to work at this place;
  • By reduction, if the employer has decided to reduce this position.

These are the main situations when a part-time employee can be fired, as evidenced by common practice. If we summarize all these circumstances, then there are reasons initiated by the employer, and there are situations in which the employee wants to quit himself. He may also be dismissed on the grounds set forth in Article 77 of the Labor Code.

Consider how, and in what cases, an employment contract with a part-time job is terminated at the initiative of the enterprise.

Recruitment for the position of the main employee

The dismissal of a part-time job when hiring the main employee is regulated by the provisions of the Labor Code of the Russian Federation, and is an additional basis for terminating labor relations with employees. That is, in addition to the main reasons for terminating the contract, dictated by Article 77 of the Labor Code of the Russian Federation, there is also Article 288, which allows you to dismiss an employee if a main specialist is hired for this job.

But the rationale for the termination of the employment contract under Art. 288, is the fact of admission to this place of the main worker. Confirmation of such a reception may be an order that is issued simultaneously with an order to dismiss a part-time job. These orders must be dated, preferably with the same number, so that both admission and dismissal take place according to the law.

The same provision of the article obliges to warn the part-time worker about the impending termination of the employment contract and the reason for dismissal, two weeks before the issuance of the order. Of course, here the consent of the employee is not needed, since it is the right of the employer to accept the employee for whom this position will be the main one. The law does not indicate which part-time worker can be fired according to this wording, internal or external. Only there is a certain nuance: when an internal part-time worker is dismissed, he leaves this position, but remains in the main one, at the same enterprise. The external part-time worker leaves the place of work, remaining an employee of a completely different enterprise.

Another nuance that is incomprehensible to many personnel officers is how to deal with an internal part-time job when he leaves his main position, but remains in the second one. After all, then an employment contract should be concluded with him. But such a conclusion does not happen automatically, and the norms and rules of the law should be followed. In particular, one thing remains clear and unchanged - it is impossible to terminate an employment contract with a part-time employee due to the hiring of a main specialist for this position if he was dismissed from the same enterprise as the main employee. First, you need to offer this job to him as the main one, and then offer this position to other specialists.

Dismissal for violation of labor discipline

In addition to the fact that an employee can be dismissed at the initiative of the enterprise if a main employee is hired in his place, the law also establishes the general grounds for the dismissal of a part-time job, among which violations of labor discipline can be distinguished. For example, absenteeism, appearing at the workplace in a state of intoxication, systematic failure to fulfill work duties, may serve as a reason for parting with an employee of the enterprise.

The dismissal of a part-time worker at the initiative of the employer for absenteeism occurs in the same order as the main workers. The only difference is that the workbook of an external part-time worker is located at another enterprise, in whose staff he is listed as the main one, and it is the main employer who must enter information about the termination of labor relations into it. Moreover, according to the opinion of the Plenum of the Supreme Court of the Russian Federation, it is possible to dismiss a part-time worker for absenteeism, but the burden of proving the legitimacy of such an act lies with the employer.

First of all, it is worth finding out the reason for the absence of an employee at the workplace. Although, the fact itself must be recorded in writing in the form of an act of the established commission, which is formed on the basis of a memorandum from the immediate superior of such a specialist. The act indicates that a certain employee was absent from the workplace for a shift (after all, most often, the working time of a part-time job does not exceed 3 hours). And not showing up for a shift, regardless of its duration, is also considered, according to the law, absenteeism.

After the employee appears, you should require an explanatory note from him, in which he must indicate the reason for his absence from the place of work. If he refers to the validity of such a reason, then you need to request supporting evidence from him, for example, a certificate from the hospital, or from the police if he got into an accident. If a disrespectful reason is revealed, it is necessary to carry out an immediate dismissal, since the Code establishes deadlines for bringing to disciplinary responsibility.

Downsizing

With employees working part-time at the enterprise, an employment contract may be terminated due to a reduction in the number of staff or a structural unit. In this case, he will have to receive a severance pay, as a compensation payment, in the amount of the average monthly earnings.

p> Most practitioners argue about whether it is necessary to keep the average monthly salary for such an employee, as required by the Labor Code. Some argue that it is necessary, because for part-time workers the law establishes the same rights and guarantees of compensation payments. But others believe that this is not necessary, since he is already employed at his main place of work. What happens? Should he keep his average monthly salary for the next two months, or not?

Judicial practice confirms the right of the employer not to pay him the average monthly salary for another two months, if he has a main place of work. If, by the time the employment contract is terminated, the employee does not have another position, that is, remains unemployed, then he must receive not only severance pay, but also the average monthly salary two to three months before his employment.

Form of dismissal of a part-time worker

The procedure for terminating an employment contract is slightly different from the general one in that the work book is stored at another enterprise in whose staff he is listed as the main employee. Therefore, a completely reasonable question arises, who should fill out the work book when a part-time job is dismissed.

Registration takes place at the main place of work, taking into account the fact that the employee whose labor record is made must bring a document that confirms the dismissal, indicating the reason and justification for terminating the employment contract. It turns out that the dismissed person needs to bring a copy of the order or a certificate from the enterprise, where the wording and a link to the norm of the Labor Code of the Russian Federation, which regulates the basis for terminating the contract with the employee, will be written.

The company where the part-time worker worked is obliged to correctly complete the execution of the main documents, make all the necessary calculations on time, pay them in a timely manner and issue the requested certificates. The dismissed employee receives compensation for unused vacation, along with the salary, regardless of the reason for leaving the position. But in the event of a reduction in staff, or in case of liquidation, he must also receive a severance pay in the amount of at least the minimum established by law

Part-time dismissal has some nuances that the employer must comply with in order for the dismissal to be legal.

Part-time work is the performance by an employee of any work in his spare time from his main job. Part-time employment is paid in accordance with the position held and in proportion to the hours worked.. It is allowed only at the conclusion of an employment contract.

Upon dismissal of a part-time worker, the employment contract must be terminated. You can do this in the following ways:

  • at the initiative of the partner himself;
  • by agreement of the parties;
  • at the initiative of the employer.

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

Part-time dismissal at the initiative of the employer is identical to the dismissal at the initiative of the employer of the main employee.

First, the employer must notify such an employee of the impending dismissal 2 weeks in advance. The part-time worker must read the notice by signing it. If the employee refuses to sign this document, the employer must draw up an act of refusal.

After that, the employer issues an order to dismiss this employee and registers him. The employee must also sign the order.

On the day of dismissal, the employer must make a full payment to the employee. He must pay him:

  • salary in proportion to the hours worked in the month of dismissal. The working day of a part-time worker should not exceed 4 hours a day;
  • "holidays". The part-time work of a part-time worker does not in any way affect the granting of compulsory leave to him;
  • severance pay, if it is provided for by the reason for dismissal. Also, severance pay can be specified in the employment or collective agreement.

If the part-time worker is reduced, then he must be notified 2 months in advance. This applies to both external and internal part-timers. Further, the reduction procedure is identical to the procedure for reducing the main workers.

The same rule applies to part-time employees as for the dismissal of the main employees - there are categories that cannot be dismissed at the initiative of the employer. These are employees who are:

  • on a sick leave;
  • on holiday;
  • on parental leave;
  • in maternity leave.

A part-time dismissal of one's own free will is similar to the dismissal of a main employee at their own request.

The employee must write a letter of resignation addressed to the employer. This must be done at least 2 weeks before the expected date of dismissal.

This application must be handed over personally to the employer, or through the personnel department. The application must be registered in the prescribed manner.

For reinsurance, it is better to write 2 statements. On the copy of the employee, the employee who accepts the application for accounting must put the date and number of the incoming document, and also sign.

After that, the employer prepares an order to dismiss the part-time worker. On the day of dismissal, he must fully pay off the employee, paying him all the due benefits - wages, "vacation" and severance pay, if it is mentioned in the employment or collective agreement.

The order to dismiss a part-time worker is no different from the order to dismiss the main employee. The employee must familiarize himself with this document and put his signature on it.

The part-time worker must work for 2 weeks, which are indicated in the Labor Code of the Russian Federation. The legal status of a part-time worker is exactly the same as that of the main employee. Therefore, he can quit without working off only on the grounds specified in Art. 80 of the Labor Code of the Russian Federation.

The part-time worker may also resign by agreement of the parties. This is the best option.

One of the parties must initiate the dismissal. Either the employer duly notifies the employee, or the employee writes a letter of resignation of his own free will.

After that, one of the parties proposes to conclude a dismissal agreement. As a rule, the initiative both on dismissal and on drawing up an agreement comes from the employer.

The agreement must describe in detail all the conditions for the dismissal of a part-time job, including the date of dismissal and the amount of all due payments.

After the conclusion of the agreement, the employer must prepare an order for the dismissal of this employee. The reason for dismissal in the order must indicate the number and date of the agreement.

The part-time worker is dismissed by agreement of the parties on the date specified in the agreement.

The termination agreement is drawn up in 2 copies. One remains with the employee, the other - with the employer. On the copy of the employer, the employee must write "his copy of the agreement received." Date and sign.

When terminating an employment relationship with an employee who combines two or more positions, in order to avoid any mistakes and litigation, the employer must take into account the specifics of the legal status of such employees of enterprises. In this article, we will try to figure out how to properly fire a part-time worker.

Part-time employment - the performance by an employee of other paid activities with the signing of an employment contract in his spare time from his main job. An important point is that it is allowed to sign labor agreements regarding simultaneous work in two or more places, with an unlimited number of employers. In other words, part-time employment is a fairly well-known type of additional employment.

How to properly dismiss a part-time job is described in the Labor Code of the Russian Federation. In Art. 77 of the Labor Code of the Russian Federation sets out general reasons for the termination of employment relations, and Art. 288 describes additional reasons for terminating an employment agreement with part-time workers.

The procedure for dismissal of a part-time worker

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

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

  • based on your own desire;
  • by agreement of the parties;
  • 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. On its basis, the head prepares an order for the company. At the same time, the resigning employee must work out the two weeks due to him before his departure.

In the second situation, the termination of the employment contract by a part-time worker is carried out in this way:

  • he writes a letter of resignation from combining several official duties at the same time and, together with the employer, sign an agreement;
  • the head draws up an order for the institution to dismiss such an employee;
  • if necessary, a note is made in the work book.

How to fire a part-time worker without his consent

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

  • upon acceptance to the workplace, which is occupied by a part-time worker, the main employee;
  • completion of the employment agreement - with a fixed-term employment contract;
  • when reducing or liquidating an organization (enterprise);

Reception of the main worker

Usually a person who performs several official duties is enrolled in the service through circumstances forced by the institution. This occurs in cases where the enterprise does not have a full-time employee. However, when the company finds the right employee, it has to carry out the dismissal of the part-time worker in connection with the hiring of the main employee. In order for this to be organized in the right way, two conditions must be met:

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

It should be remembered that the dismissal of an external part-time job in connection with the hiring of the main employee must be accompanied by an order for the organization to dismiss (form T8-a).

Completion of an employment agreement with a part-time worker

An employment contract with a person working in several positions can be of two types - fixed-term and indefinite. When compiling an urgent, the employee is expelled strictly after the 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 dismiss the specialist when the main employee is found in his place. Just do not forget that the manager is obliged to send a notice in writing no later than 2 weeks before the specific date of suspension.

Dismissal under Art. 288 of the Labor Code of the Russian Federation, it 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 it is not necessary to forget and about the general rules of termination of labor relations. An employer must not dismiss an employee who is a part-time employee during a vacation or illness.

Dismissal of an external part-time worker during reduction

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 the external part-time worker occurs in the same way as the reduction of the internal one. Exactly 2 months before the suspension, the employer must notify the part-time job. Then, an order is issued regarding changes in the structure of the institution. Before laying off an official who works at an enterprise other than the main one (for these 2 months), the manager needs to offer him free vacancies, and if the part-time job refuses, then he is fired due to redundancy. Also, a part-time employee is required to pay a severance pay in the amount of the average monthly salary (payments are kept for him for a maximum of 2 months if he does not find a job during this time).

An employee who has the status of a part-time worker does not work full time at the workplace. The laws of the Russian Federation do not make it clear what the maximum amount of work can be assigned to the shoulders of an employee. There are two main types of combination according to Article 60.1 TC RF :

  1. Internal - the employee works additionally at the same enterprise, only in a different position.
  2. External - the worker works in another enterprise.

It is important that an employee, regardless of the number of jobs, must be officially arranged everywhere, otherwise he will be powerless and defenseless in relation to his superiors. The administration on any occasion can dismiss the part-time worker without being responsible for this. The part-time worker has equal rights along with other full-time employees, dismissal occurs according to general rules.

To guarantee their rights, the part-time worker needs to make sure that everything is properly framed. This raises the question: how to make an entry in the work book part-time. The fill pattern is located.

Dismissal of a part-time employee at the initiative of the employee

If the employee does not want to continue the employment relationship with the company, the option of part-time dismissal of his own free will is possible. The Labor Code of the Russian Federation determines procedure for such dismissal. It happens, as well as deprivation of work of the main employee. The worker submits an application to the authorities, which, after consideration, issues an order for the company to dismiss this employee.

Part-time worker following the letter of the law undertakes to work the stipulated two weeks unless other deadlines have been agreed on this matter. The day of dismissal cannot fall on a weekend or holiday, even if during this period the employee was at the workplace and performed his duties. On the last day, all due payments are made. The Human Resources and Accounting departments will not be at work during this time.

How to dismiss an employee from an internal part-time job?

Internal part-time dismissal occurs when the list of duties of the worker increases and, in view of the limited time, he copes with the main and additional activities. There is a need for a full-time employee.

You can fire a part-time worker based on:


  • Statement of their own desire to quit.
  • Completion of the TD.
  • Agreement of the parties to the TD;

Also, deprivation of a job is possible at the initiative of the authorities, if the part-time worker violates the terms of the TD or commits illegal actions, citizens in Art. 81. It is worth noting that the employer cannot fire a non-primary employee if:

  • This is a woman expecting a baby.
  • Parent of many children.
  • Is on maternity leave or on treatment with presentation of sick leave.

A part-time worker with whom an indefinite TD was concluded may be dismissed if a person for whom this work will be the main one applies for the same position according to article 288. Article 77 indicates that in other cases, the part-time worker is deprived of his job according to the general rules. Employees with special benefits may lose their jobs only under articles 81 and 261 .

Sample entry in the work book about part-time dismissal

An entry in the work book upon dismissal must be made on the day of deprivation of work. The entry indicates the number and date of the order, the name of the enterprise and the reason for dismissal. The entry is made only on the basis of an order and can be of the following format:

“The part-time employment contract has terminated in accordance with paragraph 3 of part 1 of Art. 71 of the Labor Code of Russia, at their own request. Order of Romashka LLC dated March 6, 2018.

After that, the book with a copy of the dismissal order is transferred to the part-time worker who terminated the contract.

How to dismiss a part-time employee without his consent?

Few people on their own initiative want to lose additional earnings. The legislation reserves the right for the employer to dismiss the part-time worker in the following cases:

  • There was an employee for whom this place will be the main one.
  • Closing the enterprise.
  • Reorganization, which led to the reduction of the post of part-time worker.
  • Termination of urgent TD.
  • The employee has many disciplinary violations that are negatively reflected in the production activities of the enterprise.
  • Inadequacy of qualifications for the position held.

Transfer to a part-time job from the main place of work without dismissal

The procedure for such a transfer is not provided for by the Labor Code of the Russian Federation, since part-time employment implies the presence of a main place of work. Thus, it will be a change in the rate and the length of the working day. Even if a person has a main workplace, then he needs to provide labor to the personnel department, and it is possible to pick him up from his previous place of work only after the termination of the TD. It is advisable to dismiss a person from the main place and accept it again, but with the mark "part-time".

Application for resignation part-time - sample and explanations on how to fill it out can be obtained by the employee from the personnel department of the employing organization. Also, in the material we offer, answers are given to some questions related to the preparation of such a statement.

The procedure and grounds for the dismissal of a part-time worker

An employee working part-time is subject to all the norms of labor legislation and local regulations, an employment contract is concluded with him, as well as with others.

The procedure for dismissing a part-time job also remains the same as for other categories of workers, and includes the following steps:

  1. Drawing up an application (by the employee) or an information letter (by the employer) about the intention to terminate the employment contract.
  2. Layoff notice. The notice period, that is, the length of the working period, depends on the reason for dismissal.
  3. Drawing up a dismissal order, issuing settlement payments, a work book and other documents related to the employee's labor activity.

In case of dismissal of his own free will, the employee must comply with the provisions of Art. 80 of the Labor Code, timely informing the employer in writing of his intention. However, the Labor Code also contains some additions regarding the dismissal of part-time workers.

An employment contract with a part-time worker can be terminated both at the initiative of the employer and by decision of the employee himself. At the same time, for part-timers, Art. 288 provides for an additional reason for dismissal - hiring an employee for whom this position will be the main one. In this case, the employer informs the employee in advance in writing.

NOTE! If an employee performs additional labor functions on a combination basis in accordance with Art. 60.2 of the Labor Code of the Russian Federation, that is, without concluding a separate employment contract, he has the right to refuse it at any time by notifying the employer in writing at least 3 days in advance. At the same time, refusal to combine cannot serve as a basis for dismissal of an employee.

Sample notice of dismissal of a part-time worker

Observing the rule on the advance warning of the employee about the upcoming termination of the employment contract, the employer draws up a notice in free written form. Its sample looks like this:

Notification

In connection with the recruitment of an employee for the position of a merchandiser of Ecotext LLC, for whom this work will be the main one, in accordance with Art. 288 of the Labor Code of the Russian Federation, we inform you that the employment contract No. 51 concluded with you dated February 12, 2016 will be terminated on October 15, 2016.

01.10.2016

Director: (signature) Selivanov P.A.

Part-time dismissal order, sample

The form of the order T-8 on the dismissal of employees was developed in 2004 and is still in use. Its use is also possible in cases of termination of employment contracts with part-time employees.

An employee of the personnel department must fill it out, indicating the following mandatory data:

  • full name of the enterprise;
  • registration number of the order of dismissal;
  • the date of the order;
  • the name of the document is “Order on termination of the employment contract”;
  • date of conclusion and registration number of the terminated contract;
  • date of dismissal of the part-time employee;
  • Full name of the dismissed employee;
  • the name of the structural unit where the employee worked;
  • grounds for termination of the employment contract with an indication of the article of the Labor Code of the Russian Federation;
  • registration data of the document serving as the basis for dismissal.

On the part of the employer, the document is signed by the head of the organization or another authorized person. After drawing up the order, it is mandatory to present it to the employee for review, after which he also signs the document.

Considering that the Labor Code of the Russian Federation provides an additional basis for the dismissal of a part-time worker due to the employment of another person to work as the main one, we will consider a sample order in such a situation:

IMPORTANT! In part 1 of Art. 373 of the Labor Code provides a closed list of grounds for the dismissal of an employee - a member of a trade union, requiring agreement with the trade union body of the employer, and dismissal under Art. 288 TC is not included in this list.

It is worth paying attention to the mandatory written informing of the employee about the upcoming dismissal in connection with the admission of another employee to the position as the main one. This must be done at least 2 weeks before the termination of the employment contract. The date of dismissal and the date of drawing up the order may differ.

Sample letter of resignation for part-time worker

Application for the dismissal of an internal part-time worker

If the internal part-time worker completely terminates the employment relationship with the employer, then the dismissal process takes place in the general manner established by the Labor Code of the Russian Federation. The Labor Code does not provide for the mandatory mention of internal part-time employment in an employee's resignation letter. Consider a sample application for dismissal in accordance with paragraph 5 of Art. 77 of the Labor Code of the Russian Federation (when transferring an employee):

Director of Ecotext LLC

Selivanov P. A.

Pitrenko L. S.

Statement

I ask you to terminate the employment contract concluded with me dated February 12, 2016 No. 51 and dismiss me in the order of transfer from Ecotext LLC to Agroimpeks CJSC on 10/15/2016. I am enclosing a letter of transfer to Agroimpeks CJSC dated 09/30/2016.

01.10.2016

Application for dismissal of an external part-time worker

We will separately consider the option of dismissing an external part-time worker. External are considered part-time workers who perform official duties at another enterprise during their free time from their main job. The work book of such an employee is kept by the main employer, while at the request of the employee, records can be made in it about labor activity and dismissal from part-time work. When such an employee is dismissed, the application must indicate the fact of part-time work.

The statement in this case looks something like this:

Director of Ecotext LLC

Selivanov P. A.

from a regional representative

Pitrenko L. S.

Statement

I ask you to dismiss me of my own free will from my part-time position as a merchandiser on 10/04/2016.

01.10.2016

Signature: (signature) Petrova L.S.

Making entries about dismissal in the work book of a part-time job

The procedure for making entries in the work book is approved by the Decree of the Ministry of Labor “On approval of the Instructions ...” dated 10.10.2003 No. 69. In accordance with it, all entries, including the dismissal of part-time workers, are made at the main place of work.

Please note that entries about part-time work are made at the request of the employee. An employee who plans to make an entry about the termination of an employment contract at a part-time job must take a document from the personnel department confirming the fact of employment and dismissal. The record of dismissal is made subject to the availability of a record of employment.

The procedure provides for an indication in the relevant columns:

  1. Record numbers.
  2. Dates of admission and dismissal.
  3. Marks of part-time employment indicating the position, profession, specialty and qualifications of the employee.
  4. Information about the document - the basis for the record (name, date, number).

Thus, part-time workers are subject to the standard rules for filing a dismissal, including writing an application, drawing up an order to terminate an employment contract, and making an entry in the work book.