Sample order for the dismissal of an external part-time worker. How to properly fire a part-time worker: legal grounds and procedure

How to fire a part-time worker at the initiative of the employer? Are there any grounds for this other than those listed in Art. 80 Labor Code of the Russian Federation? Read about everything in our article

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How to fire an external part-time worker at the initiative of the employer: Article 288 of the Labor Code of the Russian Federation

Some employees may avoid serving notice in the belief that it will prevent them from being fired. However, it is not. If he refuses to receive the document, it can be read out orally in the presence of several witnesses. A note about this is placed on the employer’s letterhead with the signatures of witnesses.

If it is impossible to carry out the above actions, notification can be sent to the part-time worker by registered mail with acknowledgment of delivery and a list of the attachments. At the same time, to the notification period of 14 calendar days, it is worth adding the deadline for sending the letter and a couple more days “in reserve.” Since correspondence may be delayed or the letter may not be received immediately. And with this method of notification, the countdown of the period begins from the moment the letter is received.

Step 2. Issuing an order to dismiss a part-time worker (a sample will be given below). The order is issued on a unified form T-8 or on a form approved by the company (since January 2013, the mandatory use of unified forms of personnel documents has been abolished by Federal Law of December 6, 2011 No. 402-FZ “On Accounting”).

The reason for termination is indicated in the document - employment of the main employee and a link is given to Article 288 of the Labor Code of the Russian Federation.

Step 3. Issuing a certificate. At the request of the employee, information about part-time work may be entered into the work book. But only the employer at the main place of work can do this. Therefore, at his request, the dismissed person must be given:

• a certificate indicating the dates of admission and dismissal, order numbers, as well as position and structural unit;
• a copy of the employment order;
• a copy of the dismissal order.

Step 4. Final settlement and payment of amounts due. The dismissal of a part-time employee at the initiative of the employer does not imply payment of severance pay. The payments are the same as if he left of his own free will, namely:

• unpaid wages for hours worked;
• accrued awards and bonuses;
• compensation for unused vacation.

Dismissal of an internal part-time worker

Dismissal of a part-time worker at his own request

Such dismissal occurs on a general basis with a two-week working period. The launch of the procedure begins from the moment the application is submitted to the manager.

By agreement, the period of work may be reduced or it may be canceled completely. It is also possible to replace it with a vacation. The employer decides whether to provide such an opportunity to a part-time worker or not.

How to fire a part-time worker at the initiative of the employer? This issue is directly regulated by the Labor Code of the Russian Federation and is resolved depending on the type of part-time job. The procedure for dismissal and the marking itself in the work book (LC) differs from the well-known procedure for terminating employment agreements and documenting this fact.

Termination of an agreement

There is external and internal part-time work, which is possible only in free time. In the first case, we are talking about a stranger who works in another company and comes to you only part-time (up to 4 hours a day), in the second - about a colleague from a neighboring or the same department who agreed to take on additional work. duties and work during your working hours. Both types are formalized by an employment contract, and in both cases, part-time dismissal occurs in different ways. This is due to the fact that the Labor Code is stored only at the place of work where the employee is registered and works full time.

Dismissal of an internal part-time worker at the request of the company is possible only if he is given a warning 14 days before the final termination of cooperation, and in case of staff reduction - 2 months in advance. Since TC is located at the same employer, after leaving one position he continues to work in his main place.

Management issues an order (instruction) indicating the reason for termination of cooperation. Upon termination of the contract, the part-time employee is subject to all guarantees and severance pay, as are the main employees. If we are talking about layoffs, then the company is obliged to offer the employee another position to choose from, and a part-time worker can be fired only if he refuses another position or the company does not have the opportunity to offer any other options.

The most common reasons for refusal to cooperate:

• the desire expressed by the quitter himself;
• management initiative (for absenteeism, non-compliance, etc.);
• reduction of employees;
• termination of the employment agreement;
• when the company moves to another region;
• hiring a person for this position who is ready to work full time;
• due to the closure or bankruptcy of a company.

The dismissal of an employee due to staff reduction is accompanied by the payment of benefits. In fact, he is the same employee as everyone else, he simply combines several positions.

Dismissal of a part-time employee at his own request implies notification of this to his superiors. In the period from 3 to 14 days, work is expected, unless, of course, there are good reasons for canceling this rule or an agreement on this issue is reached between the boss and the subordinate. A period of 3 days is provided if the employee has not completed the probationary period. In this case, no compensation is paid, but calculations must be made. An entry is made in the Labor Code under a serial number and indicating the number of the director’s order. If a person leaves the company and wants to be fired for both the main and additional positions, then one entry is made - for the main position.

In this case, there is a separate calculation procedure. In addition to the salary, full vacation is provided (28 days). If it was not used (this is quite possible, because the employee already has leave from his main job), then compensation is paid.

Part-time work and main job

The dismissal of a part-time worker at the initiative of the employer, if we are talking about external part-time work, does not automatically make him the main employee in this company. To do this, you need to resign and register in accordance with all the rules, i.e. be hired and work not 4, but at least 8 hours a day. The employee should have an entry in the Labor Code, which will indicate the date of reception and the order number. All this cannot be done if the employee does not intend to leave his first job.

You can fire an external part-time employee for various reasons, but the most common is the hiring of a new employee who will work in this position full time. Naturally, the person holding the dual position must be paid in full and, at his request, given copies of all the certificates he needs. On the eve of dismissal, an employee can go on vacation if he is entitled to it and coincides with the one entitled to his main position. Typically, rest days are summed up and additional ones are added to them.

It is prohibited to fire:

• an employee who is pregnant or caring for a young child;
• single parent;
• parent of many children.

The employer may terminate the contractual relationship due to absenteeism, systematic violation of discipline, failure to meet the requirements and many other reasons. The dismissal of a part-time employee for such compelling reasons cannot be a reason to terminate cooperation at the main job.

The dismissal of a part-time employee at the initiative of the employee occurs in a similar way, simply preceded by a personal statement of intention to terminate cooperation. Like an ordinary able-bodied citizen, a part-time worker has the right to rest and payment for temporary disability.

A dismissed internal part-time worker, as well as an external one, can appeal the fact of termination of the employment relationship in court. If he considers the reason for the breakup to be illegal, he can file a lawsuit at the location of the defendant (in the district court). An internal employee's status may change. If the management decides that he is more needed in his combined job than in his main job, then he can be transferred (a corresponding order is issued and an entry is made in the Labor Code). When moving to the main place, the employee will already work full time, and not 4 hours.

Payments to a part-time worker

As we have already said, upon dismissal of a part-time employee, certain payments are due. The company pays him all the wages due, compensation for vacation for the entire time and severance pay (in case of closure of the company or layoff). The benefit amount is one salary, while for main employees the average salary is maintained for 2 months. Thus, internal part-time workers, who are most likely to be laid off in their main position, find themselves in a privileged position.

The situation may change if you provide a technical documentation indicating that the main place has been lost. In this case, the average earnings from a part-time job are saved not for one, but for several months.

The benefit is not paid if you quit voluntarily or due to the fact that a new employee has appeared who is ready to work 8 hours a day. To figure out what the amount of compensation for unused vacation will be, you can check in advance with the accounting department how many days were used from the moment indicated in the Labor Code as hiring.

Please note that there are professions, for example teachers and university professors, for which paid, but extended leave is provided - up to 56 days a year. And this is despite the fact that teachers often work part-time at one or different universities, teaching in different disciplines.

Annual paid vacations for part-time workers coincide with vacations for their main job. This is a legal requirement that cannot be violated. If you haven’t worked even six months at your second job, then the vacation can be arranged in advance.

If an employee’s main place of work is at one enterprise, and his additional place of work is at another, this is an external part-time job, and when he works part-time within one company, it is an internal part-time job. This article will discuss the main points regarding the procedure for dismissing an employee working part-time.

The legislative framework

Legislation regulates all aspects of the relationship between employer and employee. Chapter 44 TC RF contains basic provisions that relate to the status of a part-time worker, procedures for signing and terminating an employment contract. It also contains guarantees and compensation.

IN Article 288 This chapter establishes the legislative basis for terminating employment relations with part-time workers.

The legislative framework in relation to employees performing additional part-time duties includes the relevant articles of the Labor Code. The same regulations apply as for exempting regular employees from work duties: Clause 2 of Article 60, Article 77, Article 81, Article 140, Article 261, Article 287 of the Labor Code of the Russian Federation .

Dismissal at your own request

In order to satisfy an employee’s request to dismiss him at his own request from the position he holds, the personnel officer must be aware of some nuances. We are talking about mandatory work for 2 weeks before dismissal. More precisely, you need to submit an application for upcoming dismissal 14 days in advance so that the employer has the opportunity to find a replacement for the quitter. Russian labor legislation provides for dismissal options related to the two-week work requirement:

• by mutual agreement, work can be cancelled;
• the working time can be reduced due to the employee’s admission to an educational institution;
• the employee has the right to ask to be dismissed without working in connection with retirement (retirement);
• due to a change of residence of the dismissed part-time worker, the work service is cancelled;
• if the employer has committed violations of labor laws, the employee may resign from his position on the day the application is submitted.

Dismissal of an external part-time employee

The correctness of the dismissal procedure depends on the legality of hiring an external part-time worker. After submitting an application for a part-time position, the employee and the employer sign an employment contract. Next, a corresponding order is issued, and the employee becomes a legal external part-time worker. If after a certain period of time he expresses a desire to resign, the following points must be taken into account:

• dismissal can only be done on working days;
• the dismissed person is obliged to present a work book to make the appropriate entry in it (since this document is located at the employee’s place of main activity, he must borrow it for a while against signature);
• illegal attempts by the manager to somehow deprive the dismissed person of financial payments due to him or to impose a fine or other penalty on him can easily be appealed in court.

If an external part-time worker decides to resign from his main position and intends to take up a full-time position in the organization where he previously worked as a part-time worker, he will have to go through the following procedure:

• dismissal from the main position with an entry in the employment record;
• resign from a combined position (provide a copy of the order, on the basis of which an entry will also be made in the work book);
• submitting an application for admission as the main job to a position that he previously held as a part-time worker.

The employment agreement may contain a clause stating that the employee must work for a month before dismissal. However, the requirements of basic labor legislation are supreme, so an employee may disagree with the employer and submit an application not a month in advance, but 2 weeks in advance, and he will be absolutely right.

If the situation gets out of control and both parties find themselves in a difficult situation, there is a way out - contact a highly qualified lawyer.

Dismissal of an internal part-time worker

The algorithm for dismissing an internal part-time worker differs slightly from the standard procedure for dismissing regular employees: after submitting an application, an order is written ( F T8-a ) with the obligatory clarification of the main character - internal or external part-time worker. If he resigns only from a combined position, it is enough to notify the manager 3 days in advance ( Clause 2 of Article 60 of the Labor Code of the Russian Federation ).

In the event that an internal part-time worker intends to resign from both positions he holds, he must submit 2 applications 2 weeks before the date of dismissal. The employer grants his request, orders the personnel service or accounting department to make a full calculation for both positions and issue a work book ( Article 140 of the Labor Code of the Russian Federation ). According to the law, an employee can motivate his desire to quit each position for various reasons.

In the following article you can get more information about.

The initiator of dismissal is the employer

An employer may dismiss a part-time worker on his own initiative on the basis clause 8 of Regulation No. 43 presented in Art. 43/1 Labor Code . IN articles 40 And 41 reasons are indicated why dismissal can be carried out only after agreement with the trade union committee. Such approval is not required in the following circumstances:

• complete closure of the enterprise;
• the employee received a negative assessment based on the results of the probationary period;
• reinstatement of a former employee to a part-time position;
• absence of a trade union committee in the organization, or the dismissed person is not a member of the trade union;
• an employee is caught stealing property;
• hiring an individual employee for a combined position.

More information about termination of an employment contract at the initiative of the employer -.

In all other cases, the trade union is on the side of protecting the interests of workers, on whose decision depends whether the manager’s initiative will be satisfied.

You can sample a dismissal order. A form for a dismissal order is available.

Reduction of part-time worker (external and internal)

To avoid having to reinstate an employee to a part-time position, the manager must strictly follow the letter of the law. The procedure for laying off a part-time worker is not particularly difficult; it is identical to that used for all other cases of layoff. The manager notifies the employee of the upcoming layoff (free-form warning) 2 months in advance. The employee must read it and sign.

Before proceeding with the layoff procedure, the employer gives the employee the opportunity to take advantage of other vacancies. If there are no available jobs, then after 2 months the job is reduced, and the employee will now work at the same rate for the main position.

Dismissal under an open-ended contract

In the procedure for laying off a part-time worker, one nuance should be taken into account in which an employer can lay off a part-time worker working under an open-ended contract. The reason for this is the hiring of a key employee for a combined position. The part-time worker is notified 2 weeks in advance.

However, if the previous employee wrote a letter of resignation at his main place of work and declared his readiness to move to a combined position as his main work activity, in this situation the internal part-time worker cannot be laid off.

An employee who has entered into an open-ended contract with an employer can also terminate the employment relationship at his own request, which is drawn up according to the standard.

There are specific reasons, conditions, prohibitions and deadlines for terminating an employment agreement between an employer and an employee.

Reasons for dismissal

The list of presented categories of workers subject to dismissal includes: Article 77 of the Labor Code of the Russian Federation includes part-time workers. They apply to people in secondary employment who are allowed to be fired for the following reasons:

• in connection with the liquidation of the organization;
• when optimizing staffing levels with subsequent reductions;
• for failure to comply with labor and production discipline;
• expiration of contractual obligations;
• for professional inconsistency (insufficient level of qualifications);
• for health.

In real life, situations arise in which management initiates dismissal. For example, an unsatisfactory assessment based on the results of certification, absenteeism, coming to work while intoxicated ( Article 81 of the Labor Code of the Russian Federation ). The employer also has the right to dismiss a part-time employee if he has committed an immoral act, is dishonest, or is negligent in relation to the material assets of the enterprise, while being responsible for their safety.

If an employee feels that he has been unfairly treated, but does not have enough knowledge to resist, he can contact a legal agency for advice.

Restrictions on termination of an employment agreement

Article 261 of the Labor Code of the Russian Federation provides for the impossibility of dismissing part-time workers in the following categories:

• pregnant women;
• mothers raising young children (under 3 years old);
• single fathers and mothers with children under 5 years of age;
• an employee who supports 3 or more children and is the sole breadwinner.

These restrictions lose force if an employee from the listed categories has committed an unlawful, immoral act or has accumulated several penalties for violation of discipline.

Based on requirements Article 81 of the Labor Code of the Russian Federation , it is not permitted to terminate the employment relationship while the employee is undergoing treatment or on scheduled leave.

A part-time worker cannot be “thrown out” from work if he has signed a fixed-term contract with the employer ( Article 287 of the Labor Code of the Russian Federation), even if another employee is applying for his position, for whom this position would become the main one. It is permissible to terminate cooperation in such a situation only upon expiration of the contract.

Payments to a part-time worker upon dismissal

A dismissed external part-time worker claims to be employed, although there are often cases when the manager does not comply with these requirements, citing the conditions stated in the employment agreement. The employee must know his rights, which he can restore by going to court.

When a part-time employee is dismissed, this compensation is paid. If we are talking about an internal part-time worker, then such a payment is calculated taking into account the wages accrued for the part-time position.

If the manager decides to dismiss a part-time worker, when he is paid, the Article 44 Labor Code , which indicates the grounds for such payment and its amount.

IN clause 8 of Regulation No. 43 We are talking about the possibility of dismissing a part-time worker without paying severance pay if the position he holds has a special regime and conditions.

When dismissing a part-time employee, the employer is responsible for compliance with legal requirements. The specific features of regulatory documents require increased attention. Neglecting them can lead to a loss in court, where an employee who has been treated unfairly can turn.

Deadlines

The manager must adhere to the requirements for complying with the notification deadlines for the upcoming termination of employment agreements with the employee:

• the part-time worker must be notified 2 weeks in advance if the dismissal is based on Article 288 of the Labor Code of the Russian Federation ;
• 3 days in advance, if the reason for the dismissal of a part-time worker is unsatisfactory completion of the probationary period;
• 2 months in advance if the combined position is being reduced or due to changes to the employment contract.

Strict adherence to the procedure for hiring and dismissing a part-time employee will help you avoid legal conflicts. The procedure for many actions is similar to that performed in relation to employees performing the main work, there are only some differences. You need to attach importance to every detail so as not to get into an intractable situation.

In addition to the main job, any worker has the right to have a part-time job, which is otherwise called a part-time job. Additional tasks may come from either your current employer or an outside company. In the first case, the employee plays the role of an internal part-time worker, and in the second, an external part-time worker.

In some situations, dismissal of a part-time employee may cause some inconvenience.

The interaction between workers and employers is fully regulated by the Labor Code. All information regarding combined activities (conclusion of an agreement, available compensation and guarantees) is described in detail in Chapter 44 of the Labor Code of the Russian Federation. Information on how to dismiss a part-time worker, as well as the relevant grounds for this, are regulated by Art. 288 Labor Code.

Dismissal at the request of the employee

Dismissing a part-time employee at his own request is fraught with certain nuances that a HR specialist should know. The basic rule is that those leaving work for 14 days immediately before leaving. This requirement is quite legal, since management needs time to provide a replacement for the departing employee.

However, there are exceptions to the rules. These include:

• Cancellation of work by mutual agreement of the parties.
• Due to the employee’s enrollment in an educational institution.
• Due to the retiring employee's retirement.
• In connection with the worker’s move for permanent residence to another region.
• Due to the presence of violations by management of the Labor Code of the Russian Federation.

In the latter case, the employee has the right to leave his position on the day he submits his resignation letter.

The listed options at the legislative level allow the worker to leave without working.

How to fire an incoming part-time worker

To ensure that dismissal of an external part-time worker at your own request does not cause trouble, you should initially correctly and legally conclude an employment agreement with him:

1. First of all, the applicant submits a corresponding application to management.
2. After approval of his candidacy for this position, an employment contract is concluded between the parties.
3. The issuance of an appropriate order makes the applicant a full-fledged part-time employee.

The manager should be aware of some subtleties in case the external employee decides to end this interaction. Here is their list:

• You cannot terminate an employment agreement on a day off.
• It is necessary to make a corresponding note in the work book of the person leaving. Since it is located in the HR department at the main place of employment, the employee should request it under signature for a while.
• You should not try to deprive a part-time employee of the compensation due to him (impose any unjustified fines, etc.). These actions of unscrupulous employers are very easily challenged in court.

Sometimes an external employee quits his main job in order to later get a full-time job at the company where he took part-time work. To implement his plans, he will have to perform several actions:

1. Terminate the contract with management at the main place of employment. This procedure must be accompanied by a corresponding note in the labor document.
2. Leave the position you held as a part-time worker, making an entry in your employment record (a copy of the order will be required).
3. Submit a corresponding application to the organization where you were previously listed as a visiting employee.

Some employers mention in the contract the need for a month's work in case of leaving their position. If the worker does not agree with this requirement, he has the right to submit an application 14 days before his departure (the period established by law). In cases where controversial issues arise during dismissal, it is best to seek the help of a competent lawyer.

How to fire an internal part-time employee

This dismissal procedure is practically no different from the usual situation of termination of a contract. The basic rule is to make a corresponding note in the dismissal order (of an internal or external employee).

Please note: according to clause 2 of Article 60 of the Labor Code of the Russian Federation, in case of leaving a part-time position, it is enough to notify management about this 3 days in advance.

Sometimes the dismissal of an internal part-time worker can occur from both positions held by him. In this case, he must provide the manager with 2 relevant statements. Moreover, the reasons for this action indicated in them may vary.

The deadline for submission is 14 days before the expected date of departure. After the employer signs the necessary papers, the employee will be returned the work permit and paid for both positions held by him.

Dismissal at the request of management

The management of the organization has the right, at its discretion, to terminate the employment agreement with a part-time worker. The reasons for this may be the following:

• Liquidation of the organization.
• Failure of the employee to complete the probationary period.
• Reinstatement of the previous employee.
• Theft of company property by workers.
• Hiring an individual for a position.

In other situations, the interests of the employee are protected by the trade union (with the exception of the absence of a trade union committee at the enterprise).

Reduction

The procedure is quite simple and does not require special rules. The reduction of a part-time worker occurs according to a similar scheme applied to all other employees.

The manager should warn the employee about the upcoming changes. This is done 2 months in advance and against signature. In this case, the employee has the right to take advantage of other available vacancies. If this is not possible, then after a reduction in the combined rate, the worker occupies only his main position.

Termination of an open-ended contract

If management hires a main employee for a part-time position, the part-time employee is notified in writing about this 14 days in advance. After the expiration of this period, it is reduced, despite the concluded open-ended contract.

However, this doesn't always work. You cannot lay off an internal part-time employee at your own request if it is planned to take an employee of the same organization in his place. If a fixed-term agreement is concluded between the employer and the part-time worker, the layoff procedure also becomes illegal. The dismissal of a part-time employee at his own request is quite acceptable and is formalized according to the usual templates.

Time frame

When terminating your employment relationship with a part-time worker, you must notify him of this in due time.

1. Upon termination of the contract on the basis of Art. 288 of the Labor Code, the part-time employee must be notified about this 14 days in advance.
2. If you are fired due to incompetence, it is permissible to give 3 days notice.
3. In case of reduction of a part-time position – 2 months in advance. The same applies to making adjustments to the employment agreement.

You can prevent any bureaucratic delays if you strictly comply with all requirements when employing a part-time employee. Often, all manipulations are identical to those carried out when hiring workers to their main place of work. The main thing is to pay attention to some differences.