Dismissal of a part-time worker. The procedure for dismissing internal part-time workers

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

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

If a part-time employee is dismissed, the employment contract must be terminated. You can do this in the following ways:

• on the initiative of the part-time worker himself;
• by agreement of the parties;
• at the initiative of the employer.

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

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

First, the employer must notify such an employee of the upcoming dismissal 2 weeks in advance. The part-time worker must familiarize himself with the notice by signing it. If the employee refuses to sign this document, the employer must draw up a statement of refusal.

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

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

• salary in proportion to the time worked in the month of dismissal. The working day of a part-time worker should not exceed 4 hours a day;
• "vacation pay". Part-time work of a part-time worker does not in any way affect the provision of compulsory leave;
• severance pay, if provided for by the grounds for dismissal. Also, severance pay may be specified in an employment or collective agreement.

If a part-time worker is laid off, he must be notified 2 months in advance. This applies to both external and internal part-time workers. Further, the reduction procedure is identical to the procedure for laying off key employees.

The same rule applies to part-time workers as when dismissing main employees - there are categories that cannot be dismissed at the initiative of the employer. These are workers located:

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

Dismissal of a part-time employee at his own request is similar to dismissal at his own request of the main employee.

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

This application must be submitted personally to the employer, or through the HR department. The application must be registered in the prescribed manner.

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

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

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

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

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

The initiative for dismissal must come from one of the parties. Either the employer notifies the employee properly, or the employee writes a letter of resignation of his own free will.

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

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

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

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

The dismissal agreement is drawn up in 2 copies. One remains with the employee, the other with the employer. On the employer’s copy, the employee must write “I have received my copy of the agreement.” Add date and signature.

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 dismissal order form 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.

When dismissing part-time workers, it is worth considering a number of features, although the procedure itself is not much different from dismissing other employees.

What rules for terminating employment relations with this category of employees apply in Russia? When terminating an employment contract with a part-time partner, it is important not to miss any details.

Indeed, despite the similarity of the procedure for dismissing main employees and people who work part-time, there are nuances that should not be forgotten.

Required information

First, let's define who a part-time worker is and what are the rules for hiring him. Only after we have sorted out this information can we move on to the specifics of the dismissal procedure.

Basic information

Employment of a part-time employee

Before accepting an employee, it is worth determining whether he works in difficult and dangerous conditions or drives vehicles.

After all, in this case, part-time work is impossible. But the following categories of workers cannot be part-time workers:

• advocate;
• judge;
• Head of the organization;
• minor;
• police officers;
• prosecutor;
• municipal employee;
• external intelligence officer;
• security officers;
• deputy

The procedure for applying for a job is no different from general cases. It consists of the following stages:

1. A number of certificates (identity card, documents confirming education) are prepared and submitted.
2. An employment agreement is drawn up according to general rules.
3. The leader publishes.
4. The person begins to fulfill his labor obligations.

The employment contract reflects:

• date of conclusion;
• Company name;
• details of each party;
• rights and obligations;
• features of remuneration;
• working conditions;
• liability in case of violation;
• duration of the contract;
• when the contract can be terminated.

If, upon hiring an internal part-time worker, a valid contract is entered into, this will be considered a violation.

The establishment of a probationary period for a part-time worker is decided by the management of the enterprise. If this is prescribed, then it is carried out according to the general rules.

Legal regulation

The main document to rely on is the Labor Code ().

The list of situations when a person can be dismissed is in Art. 77, and the peculiarities of dismissal of a part-time worker are discussed in Art. 288.

Procedure for part-time dismissal

Grounds for dismissal of a part-time worker:

• the decision of the employee himself;
• by agreement of the parties ();
• hiring a key employee for this position;
• the company is being liquidated;
• the state of his health has deteriorated (if it is known that the employee cannot perform this work);
• enterprise and a decision was made to reduce this position.

These are the main reasons. Generally speaking, we can distinguish the grounds when a person independently wants to quit, and when the employer becomes the initiator of termination of the employment contract.

Dismissal is also possible on the grounds specified in Art. 77 Labor Code of Russia.

The process of dismissing a part-time worker differs from the general procedure, because the work book remains at the enterprise, which is the main place of work.

If an agreement is signed for an indefinite period, employers can dismiss part-time workers when a main employee is found in his place.

In this case, notice of dismissal must be sent 2 weeks before settlement. Dismissal process:

• The employee writes a statement addressed to the manager.
• The employer issues an order or notice of dismissal.
• If there is such a need, they put a mark in the work book.

How to write an application correctly? There is no set pattern. General recommendations should be followed:

• write a header indicating the addressee of the application and the employee’s details;
• the very essence is stated - a request for dismissal;
• signed and dated.

At the initiative of the employer

The employer has the right to decide to dismiss a part-time worker in the following cases:

At your own request

The procedure for dismissing a part-time worker is the same. He writes a statement, the company management prepares it. Then he will have to work for two weeks and be fired.

The obligation to work can be canceled if the parties decide so. It can also be reduced, again, if the employee and employer agree on this.

Every employee has the right to terminate an employment relationship. Moreover, he can do this at any time. And it doesn’t matter what kind of contract he works under - fixed-term or indefinite. This also applies to part-time workers.

This means that if a part-time worker asks about dismissal, the employer does not have the right to refuse and dismisses him in accordance with the Russian Federation.

An employee cannot be fired on a holiday or day off, even if the person was at work on that day.

After all, the employer is required to prepare a number of certificates and documents, and it is unlikely that anyone will be in the personnel and accounting departments on such a day.

When deciding to leave, a part-time worker must notify the management of the enterprise a couple of weeks before dismissal. The countdown of this period will begin from the moment the application is submitted.

But at the same time, the employee has the right not to be at work during this time. He has the right to stay at home, having issued a certificate of incapacity for work or leave. In this case, the dismissal period will not be changed or postponed.

Remember that the employer does not have the right to refuse to dismiss a part-time worker. This will be contrary to the law, as it will violate the employee’s rights.

During the period of service, a person may change his mind about quitting. In this case, he can withdraw the submitted application and continue to work.

But if his decision has not changed, then on the settlement day the employer will issue:

• work book;
• a copy of the orders;

The calculation can be made earlier (without waiting for the end of mining) if:

• the employer and part-time worker have reached such an agreement;
• the employee has been accepted to study at an educational institution;
• the person resigns due to retirement;
• a citizen moves to another city;
• the employer has committed an action that is contrary to the law.

By staff reduction

Part-time workers have the same rights as main employees. This means that it is permissible to lay off such an employee in compliance with the general rules.

The dismissal procedure is as follows:

When reducing staff, they do not distinguish whether the main employee is an employee or a part-time employee. You cannot discriminate against a person on this basis.

If an employee's rights are violated, he has the right.

The employer has the right not to pay the part-time worker for another 2 months, since he still has his main place of work.

Is it possible without consent?

The employee's consent to dismissal is not required:

Formation of an order (sample)

When an employee holding a part-time position is dismissed, an order is issued.

The document should indicate:

1. Full name of the employee with whom the contract is being terminated.
2. His position.
3. Personnel Number.
4. Date of termination of the employment relationship.
5. A reference to the relevant legal norm and the reason for termination of the agreement.
6. Management signature.
7. Employee signature.

The order for the dismissal of an external and internal part-time worker is no different. Sample order:

Entry in the work book

On the day of dismissal, the employee must receive a work book with the corresponding entry. If a mistake is made, it should be corrected immediately.

The work book is filled out at the place of main work. But the employee must bring a document that confirms his dismissal.

The certificate must reflect the reason and justification for termination.

This may be a photocopy of the order or another certificate with reference to an article of the Labor Code of Russia, which regulates the grounds for dismissal.

Information about part-time work is entered into the work book if the employee wishes. But to do this, you should write an application addressed to the head of the human resources department, who is responsible for maintaining the work record book.

Such a statement is made arbitrarily. Data is entered into the labor report according to the same rules as for the employee at his main place.

When dismissing internal part-time workers, an entry is made in the work book, but they are not stamped and the person in charge does not sign. This does not apply to main positions.

What to do if a person leaves his main place of work and joins another company (where he was a part-time worker) full-time?

Then you need to adhere to this order:

If a person quits his main job, but remains an employee of the company where he worked part-time, only one entry is made in the employment record.

If a citizen later decides to quit his part-time job, the work book will be filled out in the same way by the company where he is employed as the main employee.

Emerging nuances

Let's figure out what you should remember when dismissing an internal and external part-time worker. We will also find out what payments such employees are entitled to.

For external part-time worker

Peculiarities of external part-time work - a person has the right to work part-time in an organization, even full time, but the total hours in this case should not exceed the number of hours at the main place of work.

The work books of such workers are kept at their main job, and an entry about part-time work may not be made in it.

If a person wishes to become a member of the main staff of the enterprise where he works additionally, he must go through the dismissal procedure for all places of work. Dismissal is carried out according to the standard scheme.

For internal part-time worker

Often, in order to optimize the staff, internal part-time work is used. Employers give their employees the right to work in another position during their free time from their main job.

Internal part-time work takes place:

• when another employee is needed;
• when an irreplaceable employee is not at work for a long time (he is on vacation, on sick leave);
• if the staff is being reduced, but you need to hire someone who will fulfill the obligations of the dismissed persons

To dismiss a person who is an internal part-time worker, order T-8a must be issued. When resigning from a part-time position, a citizen can remain in his main position.

But if it is calculated in full, then the work book will reflect 2 entries - one about the dismissal of a part-time employee, the second - about the main employee. When making payments, 2 personal accounts are issued.

In connection with the hiring of a key employee

A part-time employee is dismissed upon hiring the main employee on the basis of the provisions of the Labor Code of the Russian Federation.

But such benefits do not apply to part-time workers (), the average salary will be paid in accordance with Art. 178 TK.

The procedure for dismissing a part-time worker is not much different from that carried out when terminating an employment contract with the main employee.

But, as you can see, there are little things that cannot be overlooked. Otherwise, you will violate the law.

Be careful when formalizing the termination of your employment relationship. And if you have any questions, you can always contact a specialist for advice.

Dismissal during internal part-time work can occur for several reasons: at the request of the employee himself, or at the request of the enterprise where he works. Only the procedure for such dismissal differs significantly. It is important to take into account all legal provisions when dismissing an employee, regardless of the reason. Even an employee dismissed at his own request can go to court if, for example, the dismissal was carried out incorrectly, or all due payments were not made to him. In any case, the dismissal of an employee from an internal part-time job does not mean his dismissal from his main position.

Dismissal of an internal part-time worker

In order to understand the features of dismissing an internal part-time worker, you need to consider what constitutes an internal part-time job. An internal part-time worker can be the main employee of an organization who performs additional work at the same enterprise in his free, non-working hours. That is, these job functions should not be intertwined with the main ones that the employee performs at this enterprise.

Registration for a part-time position takes place at the same enterprise by entering information that the employee has been accepted for the position of a part-time employee internally, the number and date of the order on the basis of which the employee has been accepted as an internal part-time employee. That is, the procedure remains the same - you must definitely issue an order.

An internal part-time worker must also be fired by order. The only difference is that such an employee does not quit his main job. But only from the position where he is part-time. As with the dismissal of the main employee, it is necessary to dismiss a part-time employee who works at the same enterprise in the main position, indicating the reason for such dismissal. The requirements for registering dismissal, entering information and wording into the labor report, on the basis of an order, are also regulated by labor legislation.

Reasons for dismissal of an internal part-time worker

There are both general reasons for dismissing an internal part-time worker and additional ones. General ones include those established by Article 77 of the Labor Code. A part-time employee working under an employment contract at an enterprise can be dismissed on the following grounds:

1. at the request of this internal part-time worker, remain only in the main position;
2. by agreement between the employer and part-time worker, by drawing up an agreement in writing;
3. if the period for which the contract was concluded with the part-time worker has expired and the parties have not agreed on its continuation;
4. by order of the manager (there must be legitimate reasons for this, for example, absenteeism, violation of labor discipline, liquidation of the enterprise or structural unit where the part-time worker works, due to layoffs, etc.);
5. when an employee is transferred or moved on his own initiative, for example, to another enterprise, or to an elective position that does not imply the possibility of part-time work;
6. if the part-time worker refuses to continue working in this position due to some changes: for example, in the organizational form of the enterprise, change of management, change of terms of the employment contract, etc.;
7. if the employee cannot perform the duties of an internal part-time worker due to his health condition, which is confirmed by a medical certificate, and the employer cannot change the working conditions of the part-time worker to those that suit him;
8. when the employer moves to another locality, if the part-time worker also refuses, he is transferred to another locality;
9. under the circumstances specified in Art. 83 TK;

In addition to the indicated grounds, an internal part-time worker is dismissed if the main employee is hired for this position, which he occupies as a part-time worker. You cannot fire a pregnant employee who works part-time for this reason. Until the end of pregnancy.

If a part-time worker was hired under a fixed-term employment contract, when there is no need for the main employee, for example, for work related to seasonal work at the enterprise, or to perform work strictly defined by the employment contract, the employment contract with him is terminated, which is recorded to work. At the same time, the employee continues to work at his main job.

The procedure for dismissing an internal part-time worker

Internal part-time workers, like external part-time workers, have the same labor rights and guarantees as main employees. An internal part-time worker, in addition to the additional salary he receives, also has the right to vacation, the right to remain on sick leave, and the right to have guarantees and compensation upon dismissal. Dismissal from an internal part-time job should occur in the same way, according to the rules established by labor legislation.

If dismissal occurs at the request of an employee who, for one reason or another, no longer wants to be an internal part-time worker at a given enterprise, but has decided to remain only in the main position, then he must write a corresponding statement. You must notify the company of your desire to resign two weeks in advance. An employee has the right to resign on his own, either only from a part-time position, or from both his main position and the position in which he works as an internal part-time employee.

Having written an application, the part-time worker may, by agreement with the employer, not work the allotted time, or go on vacation that he did not use. But it is important that this leave coincides with leave for the main position. That is, if an employee has a scheduled vacation at a certain time, he must also take the vacation that he is entitled to as a part-time employee at this enterprise. Some employers sum up the vacation simply by adding it up and add an additional one to the main vacation.

But, if an employee, having served on vacation, which he is entitled to in his main position, considers it necessary not to use the vacation entitled to him as a part-time worker, the employer must, upon his dismissal, compensate him for all unused vacations by this employee for the entire period of internal part-time work. The same right applies to those part-time workers who are dismissed for other reasons (except for guilty actions).

Features of dismissal of an internal part-time worker

Few people pay attention to the timing and procedure for making records of the dismissal of a part-time employee. Even in the case of internal part-time work, the rules for dismissal and the rules for applying for the position of the main employee remain the same as for the main one. The only difference is that an internal part-time worker has the opportunity to work at the same enterprise.

Only an employee who has his main place of work can be considered a part-time worker, either at the same enterprise where he is a part-time worker, or at another, with another employer. Therefore, when dismissing an employee from his main place of work and leaving him as a part-time worker, some employers do not take into account that if he does not get a main job somewhere else, then such an employee automatically becomes not a part-time worker, but a main employee. Even if not full-time.

Then, certain problems arise if, say, the employer hires a part-time, main employee. According to the law, such dismissal of a part-time employee is not allowed due to the hiring of a main employee for this position. After all, the person being fired is no longer a part-time employee, but a main and full-time employee. If he works at this enterprise as a main employee, and in his free time, under an employment agreement, performs part-time labor functions, despite his desire, he can be fired by the employer if he decides to hire a permanent employee.

p>The law does not exclude the possibility of dismissing an internal part-time worker for violating labor discipline. Reports, reports, and other documents confirming the fact of the violation must be drawn up about such a violation. Quite an interesting case of dismissal of an internal part-time worker for absenteeism. If he must stay at his main place of work for a certain amount of time, and part-time, he works at a different time, as it should be, then, in the event of a part-time worker’s failure to show up for work (meaning that the part-time worker could leave work without warning, without valid reason at the moment when he must perform the labor functions assigned to him by internal part-time work), dismissal from the position of an internal part-time worker for absenteeism is allowed.

Many employees, in addition to their main type of activity, fill out a part-time application - an employment agreement for the opportunity to work additionally. Combined work is a great chance to get more money. Regarding part-time resignation, a number of questions arise: what will be the amount of compensation and how to write a letter of resignation from a position. Read more about these nuances in the material.

Dismissal of a part-time worker at his own request

Part-time work, as an additional type of work, can be internal or external.

• Sample of internal part-time work can be clearly seen in one organization - the employee has a main place of work and an additional place of work in one institution.
• Concerning external, An employee works for two different companies. One enterprise is the main place of earnings, the second is temporary. Sometimes, for good reasons, an employee does not have time to fulfill working conditions and decides to resign of his own free will.

Part-time work is registered on the same basis as the main type of employment. The difference between part-time activities and part-time work is that enrollment in a workplace is carried out on an official basis with the provision of all necessary documentation.

Grounds for dismissal from a part-time position may be as follows:

1. Own decision.
2. Agreement between the parties.
3. Team reduction.
4. If the boss discovers violations in the work of the worker.
5. If the boss hires a permanent specialist to replace the part-time worker.
6. Expiration of the contract.

The manager makes deductions for the part-time worker according to the rules that are prescribed in Labor Code of the Russian Federation.

Dismissal procedure

How to properly fire a part-time employee at your own request? Leaving a position on your own initiative involves filling out an application and issuing an order by the employer. You can submit the document two weeks before your desired date of departure. The manager does not have the right to formalize the layoff of an employee if he does not work for a two-week period. An employee, based on the Labor Code of the Russian Federation, must work for two weeks.

During this period, the employer will find a replacement for the resigning person, and the employee will reconsider the firmness of his intentions to leave the company. If the employment contract does not stipulate the terms of service, the employee does not work for the required period. If there is a requirement in the contract, the worker can ask the employer to reduce the work to a week.

On the last day, the manager calculates compensation, issues wages and makes an entry in the former employee’s workbook. If the document on work ability is in another company, the employee takes it under signature and brings it to carry out the dismissal procedure. This applies to the case when an employee works externally. As for the internal part, the ward writes a request to leave an additional part-time job three days before he begins his direct duties. If an employee wants to formally resign at his own request from his main job and a secondary one, the manager makes an entry in the work capacity book, first about leaving the main job, then from the secondary one.

Should a part-time worker work 2 weeks when leaving voluntarily?

The boss must dismiss an employee at his request, taking into account the rules that are prescribed in the Employment Contract and on the basis Article 80. If one of the requirements for dismissal is a two-week work period, the employee must work this period. If this rule is not followed, the employer will not be able to make all necessary payments to the employee. If the worker decides to stay, within two weeks he submits an application for renewal of the position, taking into account if the boss has not found a replacement for him.