Dismissal on internal part-time job at own will. Companion dismissal. controversial issues

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

The legislative framework

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

IN article 288 This chapter fixes the legislative basis for the termination of labor relations with part-time workers.

The legislative framework in relation to employees performing additional duties part-time includes the relevant articles of the Labor Code. The same regulatory guidelines apply as for the exemption from work duties of ordinary employees: clause 2, article 60, article 77, article 81, article 140, article 261, article 287 of the Labor Code of the Russian Federation .

Voluntary dismissal

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

by mutual agreement, mining can be canceled;
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 off in connection with leaving for a well-deserved rest (pension);
in connection with the change of residence of the dismissed part-time worker, working off is canceled;
if the employer allowed cases of violation of labor laws, the employee can leave the 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 admission to a combining position, the employee and the employer sign an employment contract. Further, an appropriate order is issued, and the employee becomes a legitimate external part-time worker. If after a certain period of time he expresses a desire to quit, the following points must be taken into account:

dismissal is possible only on working days;
the dismissed person is obliged to present a work book for making an appropriate entry in it (since this document is located at the place of the employee’s main activity, he must take it for a while against signature);
illegal attempts by the manager to somehow deprive the dismissed person of the financial payments due to him, present him with a fine or other penalty, are easily challenged in court.

If an external part-time job has decided to resign from the main position, and intends to apply for a full-time job in the organization where he previously worked as a part-time job, he will have to go through the following procedure:

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

An employment agreement may contain a clause stating that an employee must work for a month before dismissal. However, the requirements of the main labor legislation have the highest power, so the employee may not agree with the employer and apply not for a month, but for 2 weeks, and he will be absolutely right.

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

Dismissal of an internal part-time worker

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

In the case when the 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 satisfies his request, instructs the personnel service or accounting department to make a full calculation for both positions and hand over a work book ( Article 140 of the Labor Code of the Russian Federation ). By law, an employee can motivate the desire to quit each position for various reasons.

In the following article, you can get more information about the dismissal of an employee at will.

The initiator of the dismissal is the employer

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

complete closure of the enterprise;
the employee received a negative assessment following the completion of the probationary period;
reinstatement to the position occupied by a part-time employee of a former employee;
the absence of a trade union committee in the organization, or the dismissed person is not a member of the trade union;
an employee is convicted of stealing property;
admission to a combined position of an individual employee.

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

You can download a sample letter of resignation here. The letter of resignation can be downloaded here.

Reduction of a part-time worker (external and internal)

In order not to have to reinstate an employee in a combining position, the manager must strictly follow the letter of the law. The procedure for reducing a part-time job is not particularly difficult; it is identical to that used for all other cases of reduction. The manager notifies the employee of the upcoming reduction (free-form warning) 2 months in advance. The employee must read it and sign.

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

Dismissal under an indefinite contract

In the procedure for reducing a part-time worker, one nuance should be taken into account in which the employer can reduce a part-time worker working under an indefinite contract. The reason for this is the admission to the combined position of the main employee. The partner is notified 2 weeks in advance.

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

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 partner

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

Reasons for dismissal

In the list of the presented categories of workers subject to dismissal, in Article 77 of the Labor Code of the Russian Federation Companions are included. They concern people in secondary employment who are allowed to be fired for the following reasons:

in connection with the liquidation of the organization;
when optimizing the staffing with subsequent reduction;
for non-compliance with labor and production discipline;
expiration of contractual obligations;
due to professional non-compliance (insufficient level of qualification);
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 in a state of intoxication ( Article 81 of the Labor Code of the Russian Federation ). The employer also has the right to dismiss a part-time worker if he has committed an immoral act, is not clean at hand, or is negligent in relation to the material assets of the enterprise, while being responsible for their safety.

If an employee feels that they have been treated unfairly but lacks the knowledge to resist, they can contact a legal agency for advice.

Restrictions on termination of an employment contract

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

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

These restrictions are no longer valid if an employee from the listed categories has committed an illegal, 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 allowed to terminate the employment relationship at the time when the employee is on treatment or on a planned vacation.

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

Payments to a part-time worker upon dismissal

The dismissed external part-time worker claims compensation for unused vacation. although there are cases when the manager does not comply with these requirements, motivating the conditions fixed in the labor agreement. The employee must know his rights, which he can restore by going to court.

Upon dismissal of a part-time employee, this compensation is paid. If we are talking about an internal part-time job, then such a payment is accrued taking into account the salary accrued for a combining position.

If the head decided to dismiss the part-time worker, upon payment of severance pay to him, Article 44 Labor Code . which specifies the grounds for such payment and its amount.

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

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

Sometimes there comes a moment when a minor job ceases to suit a part-time job. In this case, the employee submits a letter of resignation at will (SR). Dismissal of part-timers almost does not differ from the standard dismissal of the SJ.

Voluntary dismissal

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

The procedure for dismissal is regulated by Art. 80 of the 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 working
day - the date of dismissal indicated on the application. Interestingly, an employee can quit at will even when on vacation or sick leave. It is not necessary to recall him from vacation.

The days after informing the employer are worked out according to the usual schedule, an employee cannot immediately leave the employer. If before the expiration of the two-week line, the employee has changed his mind, he can withdraw the application and remain "on duty".

Documents, that is, a work book, copies of orders for admission and dismissal, salary certificate, etc., issued on the last day of work. At the same time, they pay wage arrears or compensation (under Art. 127 of the Labor Code of the Russian Federation) for unused vacation. In fact, this day for the employee is the last chance to cancel the dismissal.

Dismissed under the Labor Code, Art. 77. The mark “dismissed of his own free will”, the third paragraph of this article, is entered in the labor record. Additionally write the date and number of the order.

The term of working off can be reduced or even canceled if:

both parties agree to cancel the two-week detention;
the employee was enrolled for study;
the employee is retiring;
moves to another city or country;
the employer's actions were contrary to labor law.

Internal part-time worker

Internal combination used to optimize staffing. This is a job with the same employer in his spare time from the main employment. It is used in three main cases:

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

Registration of dismissal

The dismissal of an internal part-time worker of his own free will differs little from the dismissal of the main employee. He also writes a statement then draw up an order for dismissal in the form of No. T8-a. There is no indication in the document, external part-time or internal.

The order states:

Full name of the employee;
his position;
personnel number of the person leaving;
date of dismissal;
grounds indicating the article of the Labor Code;
data on deductions or compensations;
signatures of the head and part-time worker in the appropriate columns.

If an internal part-time worker leaves the organization at all, two entries are made to his labor record:

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

The reasons for leaving do not have to be the same. Similarly, there should be two employment records. Accounting performs the calculation of two personal accounts. When working under an employment agreement, an employee can notify the employer of the refusal to perform additional duties 3 working days in advance (according to article 60, clause 2 of the Labor Code).

External part-time

An employee can work during the time not busy with the 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 took a vacation or time off at his main place of work, he can work part-time at least a full day. But the number of hours of part-time work cannot be more than the time for the main activity. According to the legislation, the number of places of work by a part-time worker is not limited.

The remuneration of a part-time worker is calculated by the head with the same allowances as the remuneration of the main employees, but cannot be less than the minimum wage. The part-time worker must be at the place of work for a full day, therefore sign an employment contract with an employee. It can be indefinite or for a fixed period. To make a record of part-time employment in the labor or not is the personal choice of the employee.

Details regarding the calculation of vacation pay upon dismissal can be found here.

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

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

Upon dismissal, if an entry was made about an external part-time job, the employee is obliged to take the work book from the main job in order to make a mark about dismissal. It is entered at the place of dismissal, in contrast to the record of the beginning of part-time employment.

The terms of an employment contract that increase the period of work or impose sanctions upon dismissal have no legal force and are contrary to law. For example, the contract prescribes a month's notice and salary losses upon dismissal at the initiative of the employee. But the resigning person still has the right to warn the 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 a vacation in the main place, he can go to rest from an additional one. At the same time, leave is granted, even if he has not yet completed the required period. Upon dismissal, you will need to recalculate and deduct money for days off, but not worked days. If, on vacation, the employee continued to work as a part-time employee, you 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 abide by the law and do it yourself. Do not force them to resign of their own free will, because now it can be proven in court. Let the dismissal at the initiative of the employee remain so.

When answering the question of how to dismiss an external part-time job at the initiative of the employer or an internal part-time job at their own request, as well as any other question regarding the dismissal of a part-time job, it should be borne in mind that the Labor Code of the Russian Federation retains for part-time workers all the same guarantees and compensations as for employees on main job. The exception is guarantees and compensations provided to employees who combine 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).

With this in mind, when dismissing a part-time job, the employer must ensure that the same rights and guarantees of employees are observed that workers in their main job have upon their dismissal.

Order on the dismissal of an internal part-time job: sample

The form of the order to dismiss an internal part-time job 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 of 01/05/2004 N 1). This order must contain all the same details as the order to dismiss the employee for the main job: last name, first name, patronymic of the part-time worker, structural unit and position of the part-time worker, 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 on the dismissal of an external part-time worker. Sample

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

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

All entries in the work book on the performance of work on a part-time basis are made at the main place of work, and only if the part-time job requires 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 Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69). The section "Information about work" of the work book is filled in by the employer as follows: in column 1 the employer puts down 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 worker, 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 job at your own request or an internal part-time job on the same basis, you must be guided by the general rules of the Labor Code on the procedure for dismissal at the initiative of an employee. A part-time worker (external and internal) has the right to terminate the employment contract on his own initiative (own will), without fail having warned his employer about this. The notification must be made by the part-time partner in writing and no later than two weeks before the termination of the contract (Article 80 of the Labor Code of the Russian Federation). By agreement with the employer, the part-time worker may be dismissed before the expiration of two weeks. When resigning from a part-time position, it is important to take into account that the part-time job may at any time before the expiration of the two-week period withdraw his own resignation letter. If, after two weeks, the employer does not terminate the employment contract with the part-time worker and at the same time 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 job at the initiative of the employer or an external part-time job on the same basis, it is necessary to be guided not only by the general rules of the Labor Code on the termination of an employment contract at the initiative of the employer, but also by special rules relating only to part-time workers.

The legislation establishes a special basis for the dismissal of a part-time job - hiring an employee who will perform the work of a part-time job 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 in writing about this, 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 workers 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 job or the work performed by him (the fact of the lack of qualification is established based on the results of the certification of the part-time job);
repeated non-performance by a part-time worker of labor duties or a single gross violation by a part-time worker of his duties, namely absenteeism, appearance at the workplace in alcoholic (drug) intoxication, disclosure by an employee of secrets 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 led to a loss of confidence on the part of the employer, if the part-time worker directly serviced monetary or commodity values;
other cases expressly provided for by the Labor Code of the Russian Federation (other federal laws).

Procedurally, the dismissal of a part-time employee at the initiative of the employer will not differ in any way from the dismissal of an employee in the main job. The employer under Art. 287 of the Labor Code of the Russian Federation will be obliged to observe with respect to part-time workers all the rights and guarantees provided for laid-off workers employed in their main job.

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

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

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

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

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

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

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

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

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

You can fire a part-time worker based on:

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

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

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

A part-time worker with whom an unlimited 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 deprivation of work. The entry indicates the number and date of the order, the name of the enterprise and the reason for dismissal. The entry is made only on the basis of an order and can be of the following format:

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

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

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

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

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

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

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

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

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

Dismissal of an internal part-time worker

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

The initiator of the termination of labor relations may be a part-time job or an employer. The grounds for dismissal are prescribed in the Labor Code of the Russian Federation. In addition to the traditional grounds typical for the dismissal of permanent employees, Art. 288 is also provided. The Labor Code of the Russian Federation, which allows you to dismiss a part-time job if a permanent employee is accepted in his place (the exception is conscripts who cannot be fired under Article 288).

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

To carry out a written warning of the second 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 a written notification of the employee);
Formation of an order to terminate the relationship (you can use either the standard form T-8, or your own order form, prepared taking into account the requirements of the company and labor legislation);
Calculation of salaries and compensation for the days of annual leave not used by a part-time job (if necessary, severance pay is also considered);
Payment of the calculated amount on the last working day;
Entering an entry on the termination of relations in the T-2 card and the work book, if the resigning person wants it;
Issuance of documentation upon dismissal in hand - at the written request of a part-time job, certified copies of all documentation related to work, including the original certificate of payments and social contributions for 2 years, are provided.

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

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

Dismissal of an external part-time worker

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, then you should obtain certified copies of the dismissal documentation at the place of combination and transfer them to the personnel department of the main employer. This documentation will record the fact of termination of part-time employment.

Again, the entry is made only if the employment record is fixed, which is performed by the personnel officer of the main employer with a copy of the relevant order received at the place of combination.

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

Dismissal of a part-time worker at will

The employee's own initiative is expressed in the form of a personal desire and is enshrined in the Labor Code of the Russian Federation (clause 3, 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 prescribed 2-week working period, which is counted from the date following the day the document was handed over to the employer.

The dismissal can be carried out on any date, if both parties do not mind it. In this case, the agreement of the parties will already be the basis, the documentation indicates clause 1 of 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 employment.

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

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

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

It is necessary to have a timely warning of the part-time worker by means of a written document. If it is impossible to personally transfer the notification documentation, you can send it by mail with a message about the delivery of the letter 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 aloud in front of witnesses, and then the refusal to sign in the form of an act should be witnessed.

A standard T-8 order form is provided, which is convenient for having all the necessary details, however, 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;
Information about the partner;
Article of the Labor Code of the Russian Federation, which allows terminating relations with the specified person;
The document serving as the basis for dismissal (statement of a part-time job, notification or warning of the employer);
Head's signature;
No. and date of formation of the order.

The order must be brought to the attention of the part-time worker under the 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 the part-time worker with an order against signature, then a similar mark is also made.

Part-time payouts

The final settlement with the dismissed person should be made on the last day.

Payable:

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

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

Payment of compensation

The part-time worker has the right to monetary compensation for those vacation days that he did not have time to take off. It is assigned to every resigning person, while the reason for the dismissal and the initiating party does 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 the dismissed part-time worker in the following cases:

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