Dismissal due to internal part-time employment at one's own request. Dismissal of a part-time worker. Controversial issues

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 voluntarily dismissal of an employee.

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.

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 download a sample dismissal order here. The dismissal order form can be downloaded here.

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.

Termination of an employment contract with a part-time worker

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 compensation for unused vacation. 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 paying him severance pay, the Article 44 Labor Code . which specifies 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.

In small private companies, a situation often occurs when an employee is hired as a part-time worker. For example, they hire an accountant or courier as an external part-time worker. Or the content manager is a “jack of all trades,” combining his duties with the work of a system administrator.

Sometimes there comes a time when a non-core job no longer suits a part-time worker. In this case, the employee submits a letter of resignation at his own request (SJ). Dismissal of part-time workers almost no different from standard dismissal under the life insurance policy.

Dismissal at your own request

This is a type of dismissal by the employee. Even if the employer does not want to lose a valuable personnel, he will not be able to refuse dismissal. However, he also has rights that the employee must respect.

The dismissal procedure is regulated by Art. 80 Labor Code of the Russian Federation. According to the law, an employee submits a letter of resignation 2 weeks before leaving and no later. Last worker
day - the date of dismissal indicated on the application. Interestingly, an employee can resign at will even while on vacation or sick leave. There is no need to recall him from vacation.

The days after informing the employer are worked according to the usual schedule, the employee cannot immediately leave the employer. If before the expiration of the two-week period the employee changes his decision, he can withdraw the application and remain “at his post”.

Documents, that is, a work record book, copies of hiring and dismissal orders, salary certificates, etc. are issued on the last day of work. At the same time, they pay back wages or compensation (under Article 127 of the Labor Code of the Russian Federation) for unused vacation. In fact, this day is the last chance for the employee to cancel the dismissal.

Dismissed according to the Labor Code, Art. 77. The work report includes the note “dismissed at his own request”, the third paragraph of this article. Additionally write the date and order number.

The period of service may be reduced or even canceled if:

both parties agree to cancel the two-week work period;
the employee was enrolled in studies;
the employee retires;
moves to another city or country;
the employer's actions were contrary to labor legislation.

Internal part-time worker

Internal part-time job used to optimize staff. This is work for the same employer during free time from the main job. It is used in three main cases:

For safety reasons and by law, a second employee is required. An example would be hiring your own worker as an additional, second electrician.
After downsizing An employee is needed to fulfill the duties of the dismissed person. For example, an accountant, after being transferred part-time, works as a cashier in the same company.
At long period of absence of an irreplaceable employee. When an accountant goes on vacation, someone still has to payroll. If the company has an employee with the appropriate qualifications, he is registered as a part-time worker for an additional fee.

Registration of dismissal

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

The order states:

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

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

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

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

External part-time job

An employee can work during times not occupied by his main work, not only in his own organization, but also in another. The working day of an external part-time worker, as well as an internal one, cannot be more than 4 hours a day. If an employee has taken a vacation or time off from his main place of work, he can work part-time for at least a full day. But the number of hours of part-time work cannot be greater than the time spent on the main activity. By law, the number of part-time jobs is not limited.

The part-time worker’s remuneration is calculated by the manager with the same allowances as the main employees’ remuneration, but cannot be less than the minimum established salary. The part-time worker must be at the place of work full time, therefore An employment contract is signed with the employee. It can be indefinite or for a specific period. Whether or not to make an entry about part-time work in the employment record is the personal choice of the employee.

Details regarding the calculation of vacation pay upon dismissal are contained here.

It often happens that an external part-time worker wants to join the staff. In this case, he is preliminarily dismissed from both organizations. Dismissal of an external part-time worker at his own request does not provide for any sanctions and would be a good choice.

The date of dismissal of a part-time employee cannot be a weekend or holiday, even if he worked on that day. You must wait until the next weekday. The part-time worker, as well as the main employee, informs management 2 weeks in advance.

Upon dismissal, if a record of external part-time work was made, the employee is required to pick up the work book from his main job in order to make a note about dismissal. It is entered at the place of dismissal, in contrast to the entry about the beginning of a part-time job.

The terms of an employment contract that increase the period of service or impose sanctions upon dismissal have no legal force and are contrary to the law. For example, the contract stipulates a month’s notice and loss of wages upon dismissal at the initiative of the employee. But the person resigning still has the right to notify management in accordance with the law, that is, 2 weeks in advance. Moreover, he can go to court, pointing out the violation.

Calculation of leave of an external part-time worker upon dismissal

This is the main difference. When your external partner receives vacation at the main place, he can go on vacation from the additional place. In this case, leave is granted even if he has not yet worked the required period. Upon dismissal, you will need to recalculate and deduct money for days taken off but not worked. If during vacation the employee continued to work as a part-time worker, he will need to pay compensation.

As you can see, the differences in the dismissal of a part-time employee and the main employee are small. Make your employees adhere to the law and follow it yourself. Do not force them to resign of their own free will, because now this can be proven in court. Let dismissal at the employee’s initiative remain that way.

When answering the question of how to fire an external part-time worker at the initiative of the employer or an internal part-time worker at one’s own request, as well as any other question regarding the dismissal of a part-time worker, it should be taken into account that the Labor Code of the Russian Federation retains for part-time workers all the same guarantees and compensations as for employees under main job. An exception is the guarantees and compensation provided to employees combining work and study, as well as to persons working in the Far North, since they are provided only at their main place of work (Article 287 of the Labor Code of the Russian Federation).

Taking this into account, when dismissing a part-time employee, the employer must ensure compliance with the same rights and guarantees of employees that employees have in their main job upon their dismissal.

Order to dismiss an internal part-time worker: sample

The form of the order for the dismissal of internal part-time employment can be developed by the employer independently, or the employer can use the unified form No. T-8 (Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1). This order must contain all the same details as the order to dismiss an employee for his main job: last name, first name, patronymic of the part-time employee, structural unit and position of the part-time employee, date of dismissal, grounds for termination of the employment contract (according to the Labor Code of the Russian Federation), signature leader. The employee must be familiar with the order against signature. If the employee refuses to familiarize himself with the document against signature, the employer is obliged to make a note about this in the order.

Order to dismiss an external part-time worker. Sample

An order for the dismissal of an external part-time worker is issued by the employer in the same form as an order for the dismissal of an internal part-time worker, and must contain all the same details as the order for the dismissal of an employee in his main job: last name, first name, patronymic of the part-time worker, structural unit and position of the part-time employee, date of dismissal, grounds for termination of the employment contract (according to the Labor Code of the Russian Federation), signature of the manager.

An entry in the work book about dismissal from a part-time job. Sample

All entries in the work book about the performance of part-time work are made at the main place of work, and only if the part-time worker requests this from the employer (Part 5 of Article 66 of the Labor Code of the Russian Federation). Entries are made on the basis of documents issued by the employer for whom the employee works on a part-time basis (clause 3.1 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69). The “Work Information” section of the work book is filled out by the employer as follows: in column 1 the employer enters the serial number of the entry, in column 2 the date of dismissal of the employee who worked as a part-time worker is indicated, in column 3 an entry is made about the reason for the dismissal of the part-time employee, in column 4 the employer indicates the name, date and number of the document on the basis of which the entry was made.

Dismissal of a part-time worker at his own request

When answering the question of how to dismiss an external part-time worker at your own request or an internal part-time worker on the same basis, you must be guided by the general norms of the Labor Code on the procedure for dismissal at the initiative of the employee. A part-time worker (external and internal) has the right to terminate the employment contract on his own initiative (his own free will), having necessarily notified his employer about this. Notification must be made by the part-time worker in writing and no later than two weeks before termination of the contract (Article 80 of the Labor Code of the Russian Federation). By agreement with the employer, a part-time worker can be fired before the expiration of two weeks. When resigning from a part-time position, it is important to consider that the part-time employee may at any time before the expiration of the two-week period withdraw his or her own resignation letter. If, after two weeks, the employer does not terminate the employment contract with the part-time worker and the part-time worker does not insist on terminating the employment contract, then the employment contract with the part-time worker will continue.

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

To answer the question of how to dismiss an internal part-time worker at the initiative of the employer or an external part-time worker on the same basis, it is necessary to be guided not only by the general rules of the Labor Code on termination of an employment contract at the initiative of the employer, but also by special rules that apply only to part-time workers.

The legislation establishes a special basis for the dismissal of a part-time worker - hiring an employee who will perform the work of a part-time worker as the main one (Article 288 of the Labor Code of the Russian Federation). In such situations, the employer is obliged to notify the part-time worker about this in writing, and the notification must be made at least two weeks before the termination of the employment contract.

External and internal part-time workers can be dismissed by the employer on his initiative on grounds similar to those provided for by labor legislation for employees employed in their main job (Article 81 of the Labor Code of the Russian Federation):

liquidation of an enterprise or reduction in the number (staff) of employees of an enterprise;
discrepancy between the qualifications of the part-time worker and the position held or the work performed by him (the fact of lack of qualifications is established based on the results of certification of the part-time worker);
repeated failure by a part-time worker to fulfill his job duties or a single gross violation by a part-time worker of his job duties, namely absenteeism, appearing at the workplace under the influence of alcohol (drugs), disclosure by an employee of a secret protected by law and other actions directly recognized by the Labor Code of the Russian Federation as a gross violation of labor duties;
the commission by a part-time worker of guilty actions that resulted in the loss of trust on the part of the employer, if the part-time worker directly served monetary or commodity assets;
other cases directly provided for by the Labor Code of the Russian Federation (other federal laws).

The procedural dismissal of a part-time employee at the initiative of the employer will be no different from the dismissal of an employee in his main job. The employer, by virtue of Art. 287 of the Labor Code of the Russian Federation will be obliged to observe in relation to part-time workers all the rights and guarantees provided for dismissed employees employed in their main job.

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 :

Internal - the employee additionally works at the same enterprise, only in a different position.
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”.

In the article we will consider the dismissal of a part-time worker, both external and internal, as well as payments upon dismissal. Any employee who has a main job can also work in his free time as a part-time worker for the same or another employer. At the same time, part-time work is of an official regular nature and is carried out under the terms of an employment agreement.

When performing the labor functions of a part-time worker and the main employee for one employer, the part-time job is called internal; if the employers are different, it is called external.

Dismissal of an internal part-time worker

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

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

When dismissing a part-time employee, the following steps are taken:

Provide a written warning to the other party about the upcoming dismissal (if the initiator is an employee, then a statement is required from him, if the initiator is an employer, then there must be an appropriate basis and written notification to the employee);
Formation of an order to terminate the relationship (you can use either the standard T-8 form or your own order form, prepared taking into account the requirements of the company and labor legislation);
Calculation of wages and compensation for days of annual leave not used by a part-time employee (if necessary, severance pay is also considered);
Payment of the calculated amount on the last working day;
Making an entry about the termination of the relationship in the T-2 card and work book, if the quitter wants it;
Issuance of documentation upon dismissal in hand - at the written request of a part-time employee, certified copies of all documentation related to the work are provided, including the original certificate of payments and social contributions for 2 years.

If the dismissal procedure is carried out exclusively in relation to part-time jobs, and the person continues his work activity as a main employee, then there is no need to remove the work book from the storage location and issue it to the employee. It continues to be kept by the employer.

Information about the termination of part-time work is entered into the work book if there is a note in it about employment in this capacity. Entering such information is not mandatory and is carried out only at the request of the part-time worker. If the work book does not record the fact of employment as a part-time worker, then no entries need to be made upon dismissal.

Dismissal of an external part-time employee

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

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

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

Dismissal of a part-time worker at will

The employee’s own initiative is expressed in the form of personal desire and is enshrined in the Labor Code of the Russian Federation (clause 3 of article 77). The part-time worker is obliged to inform the employer of this intention by submitting a written statement.

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

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

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

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

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

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

It is necessary to have a timely warning to the part-time worker through a written document. If it is not possible to personally deliver the notification documentation, you can send it by mail and receive a notification that the letter has been delivered to the addressee. It is important to obtain the signature of the dismissed part-time worker on the warning form. This signature is for informational purposes and serves as confirmation of the employee’s awareness of the upcoming event, which indicates that the employer has performed the actions provided for by the Labor Code of the Russian Federation.

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

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

The order states :

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

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

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

Payments to a part-time worker

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

The following are subject to payment:

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

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

Payment of compensation

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

When calculating this type of compensation payment, you need to multiply the average daily earnings for the last year by the number of unused days of annual leave. The last indicator is calculated taking into account the following formulas:

Severance pay

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

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