home Audience 3 Dismissal of a part-time worker at his own request. The procedure for dismissing an employee holding a part-time position

Dismissal of a part-time worker at his own request. The procedure for dismissing an employee holding a part-time position

Dismissal of a part-time worker at his own request - this is the termination of work activity that is not the main one for the employee. We will talk about the types of part-time jobs, the procedure for dismissal from additional work and the features of its registration in our article.

Part-time dismissal at one's own request (concept and features)

The law allows a citizen to take up additional permanently paid work in his free time, which remains after he has fulfilled the duties stipulated by the main employment contract. This work is a part-time job and can be carried out both within one organization (internal) and in a third-party company (external), according to Art. 60.1 Labor Code of the Russian Federation.

Dismissal of a part-time worker at his own request is the termination of an employment contract concluded for the so-called additional work. This procedure is subject to the general norm of labor legislation, according to which an employee has the right to declare a desire to terminate legal relations with the employer at any time, warning of his intention at least 14 calendar days in advance (Part 1 of Article 80 of the Labor Code of the Russian Federation).

Application form

Drawing up a part-time application is the first stage of the dismissal procedure. It can be handwritten or printed using technical means. In this case, the application may contain:

wording that clearly indicates the employee’s intention to resign;
indication of the specific date of the last day of work;
personal signature of the employee indicating the date of the application.

In practice, the question of whether it is possible to accept a statement typed on a computer from an employee is very relevant. There is no direct prohibition in the law, and many organizations specifically approve printed application templates so that the employee can fill it out correctly. The Constitutional Court, in its ruling dated March 22, 2011 No. 394-О-О, also pointed out the absence in Part 1 of Art. 80 of the Labor Code of the Russian Federation, the obligation to use one or another form of application (stencil, form or handwritten version). In this regard, we can talk about the legal equivalence of a handwritten resignation letter and one printed using technical means.

It is worth noting that the employee may not indicate the date of dismissal in the application - in this case, termination of the employment contract will occur on the last working day of the second week of work. The date is important only if it is necessary for the employee to leave on a specific day (i.e. without working) if there are compelling reasons for this (upon retirement, admission to study, etc.).

Dismissal of a part-time worker without work

The employee and the employer have the right to agree to formalize dismissal without statutory work or to reduce its period. However, if the employer is against letting the employee go earlier, the part-time worker will have to fulfill his duties under the contract for another 2 weeks.

An exception to this rule will be those provided for in Part 3 of Art. 80 of the Labor Code of the Russian Federation, reasons, if they arise, the employer is obliged to formalize the dismissal on the date that the part-time worker indicated in his application:

enrollment of an employee for study;
retirement of a part-time worker in old age;
the employer's evasion of compliance with labor laws or their violation;
other circumstances that make it impossible for a part-time worker to carry out work activities in the future.

Dismissing an external part-time employee at your own request - how to fire correctly?

An external part-time employee is a full-time employee who works most of the time for one employer, and after the end of the work shift performs labor functions for another. At the same time, a citizen has the right to conclude employment contracts with 2 or more employers at his own discretion (Part 2 of Article 282 of the Labor Code of the Russian Federation). In the text of the employment contract, the second (third, etc.) employer must indicate that the employee’s work is part-time (Part 3 of Article 282 of the Labor Code of the Russian Federation).

One of the main requirements of part-time work is compliance with the norm of working hours. As a general rule, it should not exceed 4 hours a day. Only on those days when an employee is released from duties at his first place of work, he can additionally work a full shift part-time (Part 1 of Article 284 of the Labor Code of the Russian Federation). The work of an external part-time worker is paid in proportion to the time he worked. Wages may also depend on output or be determined by other conditions specified in the employment contract (Part 1 of Article 285 of the Labor Code of the Russian Federation).

Application methods

Having drawn up a letter of resignation, the employee must submit it to the personnel service, accounting department or directly to the head of the organization in which he works part-time. The authorized person is obliged to accept the document and register it in the manner determined by the internal regulations of the organization. In order for the employee to retain proof that the application was submitted on a certain day, it is necessary to keep one copy with a mark of acceptance.

If the employer refuses to accept the application, it should be sent via the postal service by registered mail with return receipt requested. This notice is returned to the employee with the signature of the employer’s representative who received the letter (subparagraph “b”, paragraph 10 of the rules for the provision of services, approved by order of the Ministry of Telecom and Mass Communications of the Russian Federation dated July 31, 2014 No. 234). However, this method of notification takes longer, since the two-week work period will begin only from the next day after the employer receives the letter, and not from the moment it is sent.

It is worth noting that a part-time worker can submit an application while on vacation or sick leave. These days will be included in the working period. A direct ban on dismissing an employee during illness or on vacation is established exclusively for the employer, that is, in the case when the initiative to terminate the employment contract comes from him (Part 6 of Article 81 of the Labor Code of the Russian Federation).

Drawing up a dismissal order

On the last day of work of a part-time worker, the employer is obliged to issue an order to terminate the employment contract with the employee. Until 01/01/2013, for all organizations operating on the territory of the Russian Federation, a single unified form of dismissal order No. T-8 was established (approved by Resolution of the State Statistics Committee of the Russian Federation dated 01/05/2004 No. 1). In connection with the adoption of the Law “On Accounting” dated December 6, 2011 No. 402-FZ, employers were able to use their own form of order, developed within the organization.

Regardless of which form the employer’s representative fills out (when drawing up an order in free form, the best option would be to issue it on the organization’s letterhead), the order must contain the following:

employer's name;
serial number of the document, date of its preparation;
details of the employment contract with a part-time worker (date of signing and number);
information about the date on which termination of the contract is formalized (i.e., dismissal);
Full name and position of the part-time worker being dismissed;
grounds justifying the termination of the employment contract (the text of this line should be formulated in strict accordance with clause 3, part 1, article 77 of the Labor Code of the Russian Federation);
reference to the documentary basis for dismissal (in this case, this is the employee’s statement indicating the date of its preparation);
signatures of the manager and part-time worker, as well as the date of familiarization with the order, which the employee must sign with his own hand.

The execution of the order by an authorized employee, its signing by the manager and familiarization with the document of the resigning employee of the organization confirms the fact of the final completion of the part-time worker’s employment with the employer.

Dismissal of an internal part-time worker at his own request

An internal part-time worker is an employee working for one employer under 2 or more employment contracts, one of which is the main one. At the same time, it is important not to confuse the concepts of “internal part-time work” and “combining positions”, since combination work is additionally paid work within the framework of one employment contract and is formalized by drawing up an additional agreement to the employee’s contract with his written consent (Article 60.2 of the Labor Code of the Russian Federation ).

The procedures for voluntarily dismissal of both types of part-time jobs are identical. An employee working for one employer - both under the main employment contract and under an additional one - has the right, on a general basis, to terminate any of them or resign from the organization completely.

Note: in the event of termination of relations with the employer under all employment contracts, the part-time worker must draw up separate statements (for each position), work out the required periods and sign orders to terminate each contract.

Calculation of a part-time worker upon dismissal and issuance of a work book

Final calculation upon dismissal of internal part-time worker, as well as external, must be carried out according to the rules established by Art. 140 of the Labor Code of the Russian Federation, that is, on the last working day.

In this case, the employer is obliged to pay:

The salary stipulated by the employment contract, in proportion to the time period worked, as well as other additional payments that may be provided for (Part 1 of Article 285 of the Labor Code of the Russian Federation).
Compensation for vacation not used by a part-time worker (Part 1 of Article 127 of the Labor Code of the Russian Federation).

If an internal part-time worker, along with an additional employment contract, terminates the main one, payment must be made in full for each of the contracts.

Making an entry about part-time work in the work book

Making an entry in the work book about part-time work is not mandatory, but is possible at the request of the employee. To do this, he must contact the personnel department or accounting department at his main place of work with a corresponding application. The basis for making an entry will be an employment contract on part-time work (Part 5 of Article 66 of the Labor Code of the Russian Federation).

The work book is a strict reporting form, so it must be kept at the employee’s main place of work (clause 42 of the rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225). When a part-time worker is dismissed, he is not given a work permit. The responsible employee of the organization is obliged to return it personally to the employee on the day of termination of his employment under the main contract (clause 35 of the above rules).

Thus, in order to resign on their own initiative, a part-time worker (both internal and external) must be officially employed in the organization. An employment contract must be properly drawn up with him, the duration of his work shift must be determined, and the amount of salary and other payments must be established. During the dismissal process, the employee must correctly fill out the application and work for the required period. The employer, in turn, must dismiss the part-time worker on the last day of his work shift, issuing an appropriate order and making a full payment.

A part-time worker is an employee who, in his free time from his main job, regularly performs some part-time work. A part-time worker can be internal or external. With internal part-time work, both the main and additional work are in the same company; with external part-time work, the main and additional work are in different enterprises. This article will discuss how to properly fire a part-time employee and what nuances should be taken into account.

Grounds for dismissal

The grounds for dismissing a part-time worker are exactly the same as for dismissing an employee at his main place of work.

At the same time, the dismissal of an external part-time worker is absolutely no different from the dismissal of an internal part-time worker.
You cannot fire part-time workers who are on sick leave, on vacation, maternity leave or parental leave.

Termination of an employment contract with a part-time worker

If a fixed-term employment contract was signed with a part-time worker, then it can only be terminated upon expiration of its term. An exception to this situation are cases when dismissal occurs due to violation of labor discipline or during the complete liquidation of the enterprise.
If the employment contract was signed for an indefinite period, the employer has the right to dismiss a part-time employee if a main employee has been found to replace him. In this situation, the employer must provide notice in writing no later than two weeks before the proposed date of dismissal. In this case, the employee can resign from his main place of work, then the part-time job will be considered the main one, and dismissal of the employee at the initiative of the employer due to the fact that the main employee has been found will be impossible.

The procedure for dismissing a part-time worker

The procedure for dismissing a part-time employee is no different from the procedure for dismissing an employee at his main place of work.

A part-time worker can be dismissed at his own request, by agreement of the parties or at the initiative of the employer (due to a reduction or change in staff).

If an employee is dismissed at his own request or by agreement of the parties, the employee writes a letter of resignation, a dismissal order is drawn up, and, if necessary, a corresponding entry is made in the work book (if an entry was made in the work book about hiring part-time work. Such an entry is made according to the main place of work on the basis of relevant documents).
Working off during part-time dismissal is mandatory (except in cases where the employee and the employer have reached an agreement on the absence of working off or reducing the period of working off).
The date of dismissal of a part-time employee cannot be a holiday or a working day, even if the employee worked on that day, since on the last working day the employer must make a final settlement with the employee.

Retrenchment of a part-time employee

Two months before the proposed layoff, the employee must be notified of this. At the same time, an order is issued to make changes to the structure of the enterprise and staffing. During these two months, the employer is obliged to offer the employee other vacancies. At the same time, the proposed vacancies may have lower pay and require less qualifications from the employee. If an employee refuses the offered vacancies, then dismissal occurs due to staff reduction.
In this case, the employee must be paid severance pay in the amount of the average monthly salary. These payments are retained for another two months, if during this period the employee is unable to find a job.

When laying off part-time workers, it is necessary to take into account that it is impossible to fire pregnant women, people who are the sole breadwinner in the family, or trade union workers (if the part-time job is related to trade union activities).

Order to dismiss a part-time worker

When a part-time employee is dismissed, a dismissal order is issued. An order for part-time dismissal is drawn up in form T8-a; it must contain the following information:
last name, first name and patronymic of the part-time employee;
part-time worker position;
personnel number of the part-time employee;
date of dismissal;
grounds for dismissal and the corresponding article of the Labor Code;
information about payment of compensation or deductions;
signature of the head of the enterprise;
signature of the part-time worker that he has read the order.

Vacation compensation upon dismissal of a part-time worker

When dismissing a part-time employee, it is necessary to calculate compensation for unused vacation days or deductions for overused vacation days.

The vacation of a part-time employee must coincide with his vacation at his main place of work, so sometimes situations occur that a part-time employee takes vacation in advance, in this case, upon dismissal, deductions for overused vacation days are calculated.
If a part-time worker did not take leave from his part-time job during the leave at his main place of work, upon dismissal he will be compensated for unused leave.

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.

Part-time workers are the same employees as the main ones, they just work extra. Small companies often resort to part-time work by assigning one employee to two positions (internal part-time work). This is done in order not to overload the staffing table and optimize working time. The dismissal of a part-time worker is formalized according to the general rules, but there is a nuance - additional grounds for dismissal .

How to fire a part-time worker

The reasons for dismissal are listed in Article 77 of the Labor Code. The grounds for terminating a contract with a part-time employee are general, that is, the same as in relation to the main employee:

mutual agreement;
expiration of the contract;
employee's desire;
negative grounds (dismissal of a part-time worker at the initiative of the employer for
absenteeism, violation of discipline, showing up at work drunk, etc.);
liquidation or reorganization of the company;
staff reduction;
translation;
refusal to work if the terms of the contract change.

Wherein dismissal is formalized according to the general principle:

the basis for dismissal is being prepared (an application on one’s own, a disciplinary order, a decision on layoffs, etc.);
Order T-8 is issued;
full payment is made.

All guarantees applicable to employees and enshrined in the Labor Code apply to a dismissed part-time worker, for example:

You cannot fire a part-time employee while he is on sick leave or on vacation;
in case of staff reduction, the part-time worker is notified of this 2 months before the start of the procedure;
in case of reorganization, liquidation of the company or reduction of staff, the part-time worker is paid severance pay (but the salary during employment due to the main employees is not paid if the part-time worker is employed at the main place).

Employment history

When a part-time worker is hired, you cannot ask for his work book,
since it is kept in the HR department files at the main job. An entry about employment can be made in the employment record if the part-time worker himself wants it. This is done according to the algorithm:

from a part-time job, a copy or extract from the employment order is taken;
At the main job, the personnel officer makes a record of part-time work.

The same algorithm is used for dismissal - if a record of part-time employment is made, then the dismissal must also be recorded:

the employee takes a copy or extract from the T-8 order at additional work;
At the main job, a notice of dismissal is entered into the employment record.

To properly formalize the dismissal of a part-time worker, entry in work book, a sample of which must be made according to the instructions:

make sure that there is a record of the part-time worker’s employment;
enter the serial number of the entry in the 1st column;
In the 2nd column, enter the date of dismissal;
in the 3rd column write the reason for dismissal (indicating the article of the Labor Code);
In the 4th column, enter the order details.

Reminder.

A copy of the dismissal order or an extract from it is placed in the personal file at the main job, because this is the basis for making an entry in the labor record.

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

A part-time worker runs the risk of being fired if another person applies for his place and takes a job as the main employee. This is possible based on the meaning of Article 288 of the Labor Code.

The article establishes that the company administration has the right to dismiss a part-time worker and hire a main employee in his place. A part-time worker himself cannot apply for additional work as his main job if the HR department already has an application from another applicant for the position, but not as a part-time job.

Nuance.

by agreement with management, a part-time worker can become the main employee in this position, but then you’ll have to quit or transfer from your main job. In this case, the work book will contain the following entry: “ Part-time work stopped, continues to work as a main employee ».

If the management does not mind leaving the employee on a part-time basis and there is a suitable vacancy, you can arrange a transfer.

Registration of dismissal

First you need to prepare an application from the applicant for the main job. The application may indicate that the applicant will work on a part-time basis, but not as a part-time worker.

After registering the application, the part-time employee must be given a notice of upcoming dismissal against signature.. The text could be like this: " Due to the fact that P.Zh. Kryukova is being hired for your position, for whom this work will be the main one, we warn you that in 2 weeks (July 20, 2016) you will be dismissed under Article 288 of the Labor Code».

Important.

from the moment the notice is given until the date of dismissal It should take at least two weeks!

You can issue an order to terminate a part-time job using Form T-8 or business rules adopted by the company. However, the order must contain the following mandatory inclusions:

company name;
registration number and date of the order;
date of dismissal;
Full name of the part-time worker;
indication of department and position;
grounds (dismissal under Article 288 of the Labor Code);
warning details;
director visa;
employee information line.

Order to dismiss a part-time worker, the sample of which will be executed only when:

he will be endorsed by the director;
the part-time worker will familiarize himself with it;
a copy of it will be included in the personal file, and the order itself will be placed in the nomenclature folder.

Important.

dismissal of a part-time worker is impossible if he works under a fixed-term contract , since hiring a main employee involves terminating the contract with a part-time worker, which is only permissible if the contract is valid for an indefinite period.

A part-time employee is a part-time employee who regularly performs additional duties in his free time from his main job. Part-time work can be internal (both the main and additional jobs are in the same enterprise) or external (the main job is in one enterprise, and the additional one is in another). According to the law, citizens can have as much additional work as they want (with a reasonable time limit, of course). And most importantly, part-time work must be just as formalized as the main job. This article will talk about how to fire a part-time employee, how to do it correctly and what nuances need to be taken into account.

Hiring and dismissing a part-time worker

The most important thing that an employer needs to remember is that a part-time worker is the same employee as everyone else, so his hiring and dismissal occur on a general basis. Registration of a part-time worker for a workplace is carried out in several stages:

a corresponding statement is written;
the parties sign an employment contract;
on the basis of an employment contract, an order or instruction is issued for the enterprise on hiring part-time work.

The external part-time worker must also provide the HR department (or the head of the enterprise, if we are talking about a small organization) with a passport and, if necessary, educational documents. The internal part-time worker already has the necessary package at the enterprise. No extracts or copies from the work book are required when applying for a job.

Of all of the above, special attention should be paid to the employment contract, since it is the one that influences dismissal from part-time work. Otherwise, the procedure for dismissing a part-time worker (internal or external) and main employees is the same.

Employment contract

A part-time employment contract is drawn up in exactly the same way as a regular one. He can be:

urgent - that is, to act until a specific date or until the end/beginning of certain events (for example, until an employee returns to work or repair work is completed in full);
unlimited – that is, without specifying deadlines (valid continuously until the employee decides to terminate the employment relationship with the employer).

It is the term of the employment contract that affects the dismissal of a part-time worker. Let's look at these questions in more detail.

Grounds for dismissal

The dismissal of a part-time worker (internal or external), as well as of main employees, occurs on a general basis. According to the law, employees who are on sick leave, vacation, maternity leave, or child care cannot be fired. The date on which an employee is dismissed cannot be earlier than the date of his return from vacation or the end of his sick leave.

Fixed-term contract

If a fixed-term employment contract has been signed, the employee can be fired only upon expiration of its term and not earlier (we are not currently considering cases where there is a violation of labor discipline or complete liquidation of the enterprise).

Permanent contract

If an open-ended employment contract is signed, the employer has the right to dismiss a part-time worker if a main employee is found in his place. In this case, notice of dismissal is sent in writing no later than two weeks before the expected date. In this case, the employee may have time to resign from his main place of employment, then the part-time activity will be considered the main one - even with part-time work - and the dismissal of the part-time worker at the initiative of the employer in connection with the hiring of the main employee can no longer be carried out.

Dismissal procedure

Since a part-time worker is a full-fledged employee like everyone else, he can be fired:

at your own request;
by agreement of the parties;
at the initiative of the employer (to reduce or change staff).

In the first two cases, everything is quite simple: an application for part-time dismissal is written, an order or order for the enterprise is drawn up, and, if necessary, a corresponding entry is made in the work book - in the event that there was a note about being hired for a part-time job. Such records are kept at the main place of work on the basis of relevant documents.

At your own request

Dismissal of a part-time employee at his own request occurs in the same way as the main employee: a statement is written, an order for the enterprise is prepared, the employee works the required two weeks. Working off a part-time job is mandatory, unless, of course, the employee has agreed with the employer to shorten the working period or cancel it altogether.

The date of dismissal cannot fall on a holiday or weekend, even if the person worked on that day - after all, the employer must make the final payment and draw up the necessary documents, and the accounting department and the human resources department are unlikely to work on a day off.

Retrenchment of a part-time employee

Reduction of a part-time worker (external or internal) also occurs on a general basis. Two months before the proposed layoff, the employee is notified of this, and an order is issued to make changes to the structure of the enterprise and the staffing table (on staff reduction). During this time, the employer is obliged to offer other vacancies. At the same time, these job options may pay less well, be less interesting and require lower qualifications - often employers specifically take such measures if for some reason they need a reduction.

If an employee refuses the offered vacancies, he is dismissed due to staff reduction. In this case, severance pay must be paid in the amount of the average monthly salary, and these payments are retained by the employee for a maximum of two months, if during this period he is unable to find a job.

When dismissing a part-time worker, you must also take into account that it is impossible to lay off pregnant women, family workers who are the only breadwinners, trade union workers (if the part-time job is related to trade union activities), as well as other categories of workers listed in the legislation.

Order to dismiss a part-time worker

When a part-time worker is dismissed, an order is issued for the enterprise. An order for part-time dismissal is drawn up in form T8-a. This document must contain:

last name, first name and patronymic of the employee;
job title;
Personnel Number;
date of dismissal;
grounds for dismissal and the corresponding article of the Labor Code;
information about payment of compensation or deductions;
signature of the head of the enterprise;
signature of the part-time worker indicating that he has read the order.

An order for the dismissal of an internal part-time worker is no different from an order for the dismissal of an external one - these features are not recorded in the document.

Vacation compensation

Before dismissing an internal part-time employee, it is necessary to calculate compensation for unused vacation days or deductions for overused vacation days. Since the part-time worker’s vacation must coincide with his vacation at his main place of work, he could well take vacation days from his part-time job in advance, so when he is fired, the appropriate amount must be withheld. An employee may not take leave from a part-time job during his main leave - in this case, unused days are compensated.