Dismissal due to internal part-time employment at one's own request. How to correctly formalize the dismissal of a part-time worker

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

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

It is important that an employee, regardless of the number of jobs, must be officially employed everywhere, otherwise he will be powerless and defenseless in relation to his superiors. The administration can dismiss a part-time worker for any reason without bearing responsibility for it. A part-time employee 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 completed. This raises the question: how to make an entry in a part-time work book. A sample form can be found here.

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

If an employee does not want to continue his employment relationship with the company, the option of part-time dismissal at his own request is possible. The Labor Code of the Russian Federation determines the procedure for such dismissal. It occurs in the same way as the loss of a key employee’s job. The worker submits an application to his superiors, who, after consideration, issues an order for dismissal from the enterprise. this employee.

Part-time worker, following the letter of the law undertakes to work the required two weeks , unless other deadlines have been agreed upon on this issue. The day of dismissal cannot fall on a weekend or holiday, even if during this period the employee was at the workplace and performing his duties. On the last day all due payments are made. The HR and accounting department will not be at work at this time.

How to fire an employee from a part-time job?

Dismissal due to internal part-time work occurs when the list of a worker’s responsibilities increases and, due to limited time, he copes with his main and additional activities. There is a need for a full-time employee.

You can fire a part-time worker based on:

• Statement of your own desire to resign.
• Termination of the TD.
• Agreement between the parties to the TD;

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

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

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, 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 loss of employment. The record indicates the number and date of the order, the name of the enterprise and, necessarily, the reason for dismissal. The entry is made only on the basis of an order and can be in the following format:

“The part-time employment contract has ceased to be valid in accordance with clause 3, part 1 of Art. 71 of the Labor Code of Russia, at your own request. Order of Romashka LLC dated March 6, 2018.”

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

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

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

• A worker has been found for whom this will be the main place.
• Closing the enterprise.
• Reorganization, which resulted in the reduction of the part-time position.
• Termination of urgent TD.
• The employee has many disciplinary violations that negatively affect the production activities of the enterprise.
• Inconsistency of qualifications for the position held.

Transfer to part-time work 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 work presupposes the presence of a main place of work. Thus, this will be a change in the rate and length of the working day. Even if a person has a main job, he needs to provide a work permit to the HR 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 fire a person from his main position and hire him again, but this time with the mark “part-time”.

A part-time employee cannot be fired simply because the employer does not need his services. An employment contract can be terminated with a part-time worker only if it was concluded for a certain period and it has expired.

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In other cases, a fact-based basis is required on which the employee is forced to terminate the employment relationship with the employer.

The initiator of dismissal can be the part-time worker himself if he does not want to continue working for personal reasons.

The legislative framework

A part-time worker is subject to all the rules that are used to regulate legal relations between an employer and an employee in the main position.

The legislator has provided for some legal features for part-time workers. Chapter 44 of the Labor Code of the Russian Federation is dedicated to this.

Reasons

A part-time employee can be fired:

• if another employee was hired in his place, for whom this work will be the main one;
• part-time employee;
• employer, including branch;
• number of personnel;
• between the parties.

Lack of need for the services of a part-time worker cannot be grounds for dismissal.

If the workplace is subject to abolition, then, if possible, the part-time worker should be offered another job.

Dismissal of a part-time worker

The dismissal of a part-time worker is formalized by order. Guarantees and compensation for part-time workers who combine work and study, as well as employees with this status in the Far North and equivalent territories, are provided at their main place of employment.

In other situations, the part-time worker is paid compensation that is provided for by law, labor and collective agreement.

External

An external part-time worker works simultaneously in different organizations. Dismissal is carried out according to the usual procedure.

The employee has the right to count on vacation, which must be provided with vacation at his main place of work.

If vacation is not used, it will be compensated in full.

Internal

An internal part-time worker holds two jobs in one organization.

It should not be confused with combination, when an employee performs different duties within the same schedule.

For part-time work, it is necessary to have 2 or more schedules, 2 salaries, etc. By dismissal from the main position, the employee terminates the part-time job, except in cases where the employer cannot offer a part-time position as the main one.

Part-time dismissal can be carried out at the request of the employee. Then he does not lose his main position and continues to work in accordance with the employment contract.

Guarantees and compensation to internal part-time workers are provided in full.

At your own request

A part-time employee must write a statement no later than 2 weeks before the termination of the employment relationship. In the document, he asks the employer to relieve him of his work duties.

Indicating the reasons and motives for the decision is not necessary, but the employer can ask about this orally.

At the initiative of the employer

Dismissal at the initiative of the employer is possible if the employee:

• grossly violated discipline;
• made repeated absences;
• stole cash and other valuables from the workplace;
• committed an immoral act;
• lost the trust of the employer;
• violated labor discipline.

Facts of gross violation of labor discipline must be documented.

Upon dismissal by the employer, no compensation is paid to the employee, but payment for the days actually worked must be paid.

By agreement of the parties

Termination of the contract by agreement of the parties is carried out by mutual consent.

Guarantees and dismissal procedures are provided in full in accordance with dismissal at the main place of work.

By staff reduction

Dismissal due to staff reduction is carried out with a warning of at least 2 months before termination of the contract.

Payment of compensation is carried out 2-6 months in advance and depends on whether the employee is registered with the employment service and whether he has found a new vacant position.

Due to insufficient qualifications

If an employee fails to pass the next certification, he is subject to dismissal.

If it is impossible to find employment with the employee, the employment contract is terminated and he is paid a settlement.

When hiring a permanent employee

If a new employee is invited to work, for whom the position will be the main job, then the part-time employee must be fired.

The employer must notify the employee of hiring an employee no earlier than 2 weeks in advance. This cannot be done if a fixed-term employment contract has been concluded with the part-time worker.

By disability

Dismissal due to disability is possible only if the part-time worker cannot actually work for medical reasons. The mere fact of issuing an ITU certificate is not considered grounds for termination of the employment agreement.

An employee’s contract may be terminated if he or she does not undergo a routine professional medical examination.

Registration procedure

Dismissal is formalized by order of the director of the organization. If the termination of a part-time employment contract is carried out at the will of the employee, then he must fill out an application and send it by registered mail, or submit it to the personnel department in person.

Submitting an application

Issued in the name of the employer. The document must be signed by the employee. There is no single application form. It can be formulated freely.

Order

Issued on the date of dismissal of the part-time employee. He must be paid a settlement and his work book returned.

The work book is returned if the employee resigns from his main position and at the same time ceases to work as an internal part-time worker.

Entry in the work book

Part-time work at one's own request is carried out at the request of the employee.

He must temporarily take the work book from his main job and provide it to the employer at the place of his part-time job.

Deadlines

Warn about the dismissal of a part-time employee, on the basis of the Labor Code of the Russian Federation - Art. 288, the employer must no later than 2 weeks in advance.

The same period applies if the part-time worker leaves of his own free will.

If part-time work is terminated due to staff reduction or liquidation of the company, then employees must be notified 2 months before the termination of the employment relationship.

Payments and compensations

In 2019, the following mandatory compensations are provided:

• in the amount of the average monthly salary (in case of staff reduction and liquidation of the organization);
• payment of sick leave;
• vacation compensation.

Labor and collective agreements may provide for other compensation. They are paid along with payment for all time worked.

Consequences of illegal dismissal

The part-time worker has the right to resolve the conflict in the ITS commission if it exists at the enterprise or the employer agrees to create it. You can contact the labor inspectorate, where they can provide free legal assistance.

How to fire a part-time worker at the initiative of the employer , is sometimes of interest to HR department employees who have received appropriate instructions from management. In the material we offer, we will consider the features of dismissal of part-time workers and the rules for its registration.

Labor Code of the Russian Federation on the dismissal of a part-time employee by decision of the employer

The Labor Code of the Russian Federation contains a number of rules devoted to part-time work and termination of employment contracts with such employees. Analyzing them, you can see that for the most part the process of dismissing a part-time worker does not differ from the dismissal of other categories of workers, although there are still some peculiarities.

Moreover, the differences largely depend on the type of part-time job, i.e., on whether it is internal or external. Part-time work in itself is the performance of work duties by an employee in another position during time free from the main job. If the employee performs them within the same organization, then such part-time work will be considered internal, but if we are talking about different employers - external.

Separately (in Article 60.2) the Labor Code of the Russian Federation distinguishes combination. It should not be confused with part-time work, since work responsibilities in this case are performed within working hours in the same organization.

Grounds for dismissal of a part-time worker (both external and internal) at the initiative of the employer

As mentioned above, the vast majority of grounds for terminating an employment contract are the same for all employees, including part-time workers. That is, when working at the same timeatdismissal at the initiative of the employer possible in cases:

1. Liquidation or termination of activities of an employer or division located in a locality other than the location of the head office.
2. Staff reductions.
3. Insufficient qualifications of a part-time worker identified by the results of certification.
4. Repeated cases of failure by a part-time worker to fulfill job duties if there is an outstanding disciplinary sanction.
5. A gross one-time violation by a part-time worker of job duties, which are:
   • absenteeism;
   • showing up at work in a state of any kind of intoxication;
   • disclosure of personal data of employees or secrets that have become known in connection with their work activities;
   • committing theft at the place of work;
   • violation of safety regulations that resulted or could lead to serious consequences;
   • providing false documents during employment.
6. Loss of trust due to the commission of guilty actions by a part-time worker.
7. Providing false information about income, failure to resolve conflicts of interest, etc., if such an obligation is imposed on the part-time employee by law due to his position.
8. Committing an offense contrary to moral standards that is incompatible with further work activity in this position (relevant for teaching staff).

IMPORTANT! If an immoral act or other actions leading to loss of trust are not related to the employee’s work, he can be dismissed within a year from the moment such an offense is discovered (Part 5 of Article 81 of the Labor Code). All disciplinary actions of part-time workers are recorded in the general manner, that is, in the same way as the misconduct of other employees.

We will separately highlight the grounds for the dismissal of chief accountants, managers and deputy managers, which also apply to persons holding these positions part-time:

• change of owner of the employer's property;
• making an unfounded decision that caused the loss or illegal use of the employer’s property or damage to it.

A change in the ownership of the employer's property does not become a basis for the dismissal of anyone other than the specified categories of employees. However, part-time workers holding other positions have the right to independently make such a decision - in this situation, dismissal will follow on the grounds provided for in paragraph 6 of Art. 77 TK.

IMPORTANT! The only basis for dismissal, which applies exclusively to part-time workers, is given in Art. 288 of the Labor Code of the Russian Federation - hiring an employee for whom the position held by a part-time worker will become the main one.

Like other employees, part-time workers cannot resign at the request of the employer if they are on vacation or sick leave.

Dismissal of an internal part-time worker due to staff reduction or due to insufficient qualifications

Dismissal of an internal part-time worker at the initiative of the employer based on the results of certification or staff reduction, it generally occurs without any special features. They, like other employees (including external part-time workers), undergo certification in the manner established by federal and local regulations, and are informed about staff reductions at least 2 months before dismissal. However, the provisions of Art. 81 Labor Code of the Russian Federation.

Difficulties arise only if the internal part-time worker has not passed the certification for the main position. In such a situation, he must first be offered to take as his main position, which he occupies part-time (provided that his qualifications correspond to it). Let's consider this situation in detail.

Thus, if an employee could not confirm his qualifications for the main position, the Labor Code of the Russian Federation obliges the employer to offer him another vacancy that corresponds to it. If this is a position that an employee currently holds part-time internally, then he has the right to take it as his main position.

However, in such a situation, there is a certain legal conflict, since the employer cannot offer the employee a place occupied (albeit by him). It seems that in order to correctly formalize such a dismissal, it is necessary to first terminate the part-time employment contract by dismissing the employee by agreement of the parties or on the basis of Art. 288 of the Labor Code, and conclude a new one - about admission as a main employee.

Dismissal of a part-time worker due to the hiring of a new employee

As the title of the article suggests. 288 of the Labor Code of the Russian Federation, it can be applied exclusively to a part-time worker, and there are no restrictions regarding whether he is internal or external. We are talking about dismissal in connection with the employment of another employee who will occupy this position as the main one. For this reason, only a part-time worker who has entered into an open-ended employment contract with the employer is dismissed; this basis does not apply to employees under fixed-term contracts.

To comply with the dismissal procedure, you must inform the part-time employee at least 2 weeks in advance about the upcoming termination of the employment contract. He must work this time unless otherwise agreed between him and the employer. The law does not provide a strict form of notification, but in any case it must contain a reference to Art. 288 of the Labor Code of the Russian Federation, a clear expression of the intention to dismiss the employee and an indication of the date of termination of the employment relationship. To avoid challenging the fact of notification in court, it is worth drawing up a notice in 2 copies, one of which is given to the employee, and the second (with the signature of the dismissed person on familiarization) is kept by the employer.

After this, a dismissal order is drawn up. For convenience, the T-8 form can be used with the obligatory indication of Art. 288 of the Labor Code of the Russian Federation, numbers and dates of notification of the upcoming severance of labor relations.

Note: although dismissal under this article is not considered by the Labor Code as a basis for payment of severance pay, this form of support for a dismissed employee may be provided for in an employment or collective agreement or other local regulation.

The procedure for dismissing a part-time worker and its features

In general, the procedure for dismissing a part-time worker remains the same as for other employees and consists of 3 main stages:

1. Recording the existence of grounds for dismissal (drawing up reports on the discovery of disciplinary offenses, notices of staff reduction or hiring an employee to this position as the main one, etc.).
2. Issuing a dismissal order and familiarizing the part-time employee with it.
3. Making an entry in the work book (at the request of the dismissed person), issuing all documents requested by the employee and making payments due to him.

Talking about how to fire an external part-time worker on your own initiative employer, we note that the work book of such an employee remains at the main place of work and is not handed over to record the dismissal. Such information is entered into the work book at the request of the employee. To do this, you must submit a document confirming your dismissal to the HR department at your main place of work.

The procedure for dismissing a part-time employee

Art. 60.2 of the Labor Code of the Russian Federation provides for the possibility of assigning additional responsibilities to an employee in another profession or position. Such duties are performed by the employee during the same working hours as the main ones at the same enterprise. Such activities are called combining and, unlike part-time work, do not require a separate employment contract - the written consent of the employee and the issuance of a corresponding order by the employer are sufficient.

Both the employer and the employee have the right to terminate the combination by warning the other party in writing at least 3 days in advance. At the same time, the Labor Code does not oblige the parties to give reasons for such a decision.

Since a separate employment contract is not concluded with an employee when combining employment, an order for dismissal in case of refusal of it is not required (usually an order to cancel the combination is drawn up). If the employee quits his main place of work, the combination ends automatically.

In conclusion, it remains to be said that, although the termination of an employment contract with an internal part-time worker due to staff reduction or certification results has some features, and entries in the work book are made solely at his request, otherwise the dismissal of part-time workers occurs in the same way as in the case of ordinary employees (i.e. those occupying one position).

It's no secret that the dismissal of an employee is not always a pleasant event. Moreover, in the event of termination, the interests of both the employee and his employer may be affected. In situations where such interests of the parties are supported by rights defined in the law, it is necessary to strictly adhere to the procedures established by the Labor Code. Otherwise, negative consequences are possible for both the employer and the employee.

Termination of an employment contract with a part-time worker has its own legal nuances. This is due to the specific situation of such workers and the presence of special rules governing part-time work. This article will tell you how to properly guide a part-time worker. A sample order to remove part-time employment is also attached to it.

General grounds for dismissal of part-time workers

Like any other employee, a part-time employee must conscientiously fulfill his or her job duties, comply with internal labor regulations, and perform other duties provided for by the code. As with other employees, the employer may take disciplinary action against him, up to and including dismissal. The latter is possible in the case of repeated failure to fulfill duties, appearing drunk, absenteeism, and so on. At the same time, an employment contract with a part-time worker can be terminated without the presence of guilty actions of this party. For example, upon liquidation of an enterprise or in the event that an entrepreneur, his employer ceases its activities. Almost always, part-time dismissal takes place on general grounds and according to the standard procedure. Some of the nuances of dismissing a part-time employee due to staff reduction will be discussed further in this article.

What the legislation says about part-time work:

Of course, a part-time employee can resign of his own free will. Labor legislation does not provide for special deadlines for informing the employer about the upcoming dismissal. The part-time employee's application is submitted two weeks before the day of dismissal.

Expert opinion

Maria Bogdanova

The dismissal of a part-time employee can be made earlier if both parties agree on this. There is one nuance here - a person is not required to be at work during the specified two-week period. He has every right to take sick leave or go on vacation, and the terms of dismissal do not change or be postponed.

All general cases of dismissal of employees applicable to employees working part-time are contained in Art. 80, 81 of the Labor Code of the Russian Federation.

Part-time work is one of the grounds provided for by law for concluding a fixed-term employment contract with an employee. An employment contract can be concluded for any period, but not more than five years. Termination of such an agreement will be grounds for dismissal of the employee.

Please note: Despite the fact that the period for which the employee is hired is specified in the employment contract, and the document itself must be in the hands of the employee, the employer is obliged to warn about the upcoming dismissal three days in advance. Such notification shall be made in writing. If this is not done, the contract becomes indefinite.

Special grounds for dismissal of part-time workers

Employees who work on a part-time basis belong to the category of persons for whom labor legislation provides for special conditions for termination of the contract. In this case, there is only one basis - hiring an employee for whom this work will be the main one. However, here it is necessary to understand that such a basis is not provided for all categories of part-time workers. The law provides that the dismissal of an employee working on a part-time basis can only be possible if the contract with him is concluded for an indefinite period.

Please note: Terminating a fixed-term employment contract with a part-time worker when hiring a “main” employee will be a violation of the law.

This is probably one of the few cases in labor relations where a contract concluded for a term is more protective of the interests of employees than an open-ended one. Typically, the legislator tries to minimize the ability of employers to formalize fixed-term employment relationships, since they are considered not to be in the interests of employees.

Here we must not forget that, since this basis is one of the reasons, then if the dismissed employee is on vacation or “on sick leave,” then you will have to wait until their end in order to terminate the employment contract. Termination of the contract with the employee during these periods is prohibited.

There is one more point that HR employees should pay attention to when filing for dismissal on this basis. The hired employee, for whom this position will be the main one, must perform the same work as the dismissed one. If the functions that the newly hired employee will perform differ from the work functions of a part-time employee, then the dismissal may be considered illegal. And the employee with whom the contract was terminated was reinstated by the court. In this case, it may be best to dismiss the part-time employee through the reduction procedure. Of course, provided that there are necessary other reasons for this and the order of reduction is strictly observed.

Retrenchment of a part-time employee

When regulating the procedure for staff reduction, the legislator first of all took care of establishing guarantees and compensation for persons who lose their jobs as a result of reduction. All employees, regardless of whether they occupy the main workplace or work part-time, are provided with the following guarantees:

• timely warning of impending dismissal,
• the right to transfer to a vacant position,
• severance pay,
• payment of average earnings.

If the employer did not provide any of these guarantees and violated the terms of the redundancy order, then this is definitely a welcome case of reinstatement of the employee in court. An analysis of judicial practice draws attention to the fact that the judicial authorities, in all cases, check the compliance of the applied staff reduction procedure with the real intentions of the employer. That is, if, in fact, the employer wants to fire an undesirable employee, and uses layoffs to do this, then the dismissal on this basis will be considered illegal.

How to properly fire an employee if the company goes bankrupt:

As noted above, part-time workers will retain all the same guarantees and compensations as employees laid off at their main place of work. However, not all experts agree that all part-time workers are entitled to retain their average earnings after dismissal. If there are no problems with the issue of severance pay, then opinions differ here.

The essence of the issue is that the abbreviable . And, according to most experts, he is employed, and accordingly does not need further material support (after receiving severance pay). The purpose of the provided guarantees for maintaining average earnings is financial support for a citizen during a job search.

Let us remind you that a laid-off employee retains his average earnings for a period of two months, and in some cases up to three months, for the entire period of employment. But since the employee was and remains employed at his main place of work, then, according to experts, he has no need to look for work. This position is based on the approach to as a secondary method of employment. Additional, but not necessary. In some cases we cannot agree with this. This approach is common both when there is a reduction in part-time work internally and when there is an external part-time job.

What to do in cases where an employee previously hired for a part-time position has lost his main job? Is he paid an average salary? Here, experts in the field of labor relations are unanimous in their opinion. The average salary should be preserved, since the employee really needs employment, without focusing on whether it is at the main place or part-time.

As noted earlier, the dismissal of an employee working part-time (sometimes the concept of “removal of part-time work” is used) is carried out on a general basis and on the additional basis provided for these categories of employees. However, an additional basis cannot be applied in the case of concluding a fixed-term employment contract. In this regard, when dismissing a part-time worker, it is of practical importance to consider the issue of dismissal when hiring a “main” employee. Let's consider the appropriate dismissal procedure.

List of articles for which you can dismiss an employee:

If the employer plans to replace a part-time employee with an employee who will work in this position as at the main place of work, and the candidacy of this employee is known, or will be known by a certain date, then the law requires notifying the dismissed employee in advance.

The period of such notification is established by the Labor Code and cannot be less than two weeks. Like all similar events, the employee is notified by delivering a written document to him. In it, the HR employee indicates the details of the employment contract with the employee and the day of its termination (or an indication that it will be terminated two weeks after receiving the warning). Such a written warning is drawn up in any form. It must contain all the details necessary for the document and the signature of the individual entrepreneur or the head of the enterprise (or his authorized persons).

The dismissal order specifies the details of the warning and the details of the contract for hiring the employee for whom it will be the main one. The dismissed part-time worker must be familiarized with the order to terminate the contract.

Expert opinion

Maria Bogdanova

More than 6 years of experience. Specialization: contract law, labor law, social security law, intellectual property law, civil procedure, protection of the rights of minors, legal psychology

Regardless of the reason for dismissal, the employee must be paid on the day of his dismissal. Payments include wages and compensation provided for in the collective and labor agreements for unused vacation. On the same day, the employee is given a duly completed work book. It is recommended to immediately read the entries made in it; errors are common and it is better to correct them on the spot right away. Thus, monetary compensation upon dismissal of a part-time worker is similar to that given to main employees.

If the dismissal of an external part-time worker is formalized, then he needs to be prepared to provide data from another employer. Namely: an employment contract and a copy of the order on its conclusion or an extract from it. In addition, you must request a certificate from the HR department confirming part-time employment. It must be signed by the manager.

If a part-time internal employee is dismissed, a record of this should also be made in the work book; the seal and signature of the responsible person shall not be affixed. This does not apply to the employee’s main position.

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 worker

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.