Dismissal due to combination of one's own free will. Dismissal of external and internal part-time workers. Sample order

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Download the order form

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

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

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

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

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

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

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

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

The procedure for dismissing a part-time employee

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

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

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

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

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

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

Order to dismiss an internal part-time worker: sample

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

Order to dismiss an external part-time worker. Sample

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

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

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

Dismissal of a part-time worker at his own request

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

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

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

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

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

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

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

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

The legislative framework

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

IN Article 288 This chapter establishes the legislative basis for terminating employment relations with part-time workers.

The legislative framework in relation to employees performing additional part-time duties includes the relevant articles of the Labor Code. The same regulations apply as for exempting regular employees from work duties: Clause 2 of Article 60, Article 77, Article 81, Article 140, Article 261, Article 287 of the Labor Code of the Russian Federation .

Dismissal at your own request

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

• by mutual agreement, work can be cancelled;
• the working time can be reduced due to the employee’s admission to an educational institution;
• the employee has the right to ask to be dismissed without working in connection with retirement (retirement);
• due to a change of residence of the dismissed part-time worker, the work service is cancelled;
• if the employer has committed violations of labor laws, the employee may resign from his position on the day the application is submitted.

Dismissal of an external part-time employee

The correctness of the dismissal procedure depends on the legality of hiring an external part-time worker. After submitting an application for a part-time position, the employee and the employer sign an employment contract. Next, a corresponding order is issued, and the employee becomes a legal external part-time worker. If after a certain period of time he expresses a desire to resign, the following points must be taken into account:

• dismissal can only be done on working days;
• the dismissed person is obliged to present a work book to make the appropriate entry in it (since this document is located at the employee’s place of main activity, he must borrow it for a while against signature);
• illegal attempts by the manager to somehow deprive the dismissed person of financial payments due to him or to impose a fine or other penalty on him can easily be appealed in court.

If an external part-time worker decides to resign from his main position and intends to take up a full-time position in the organization where he previously worked as a part-time worker, he will have to go through the following procedure:

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

The employment agreement may contain a clause stating that the employee must work for a month before dismissal. However, the requirements of basic labor legislation are supreme, so an employee may disagree with the employer and submit an application not a month in advance, but 2 weeks in advance, and he will be absolutely right.

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

Dismissal of an internal part-time worker

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

In the event that an internal part-time worker intends to resign from both positions he holds, he must submit 2 applications 2 weeks before the date of dismissal. The employer grants his request, orders the personnel service or accounting department to make a full calculation for both positions and issue a work book ( Article 140 of the Labor Code of the Russian Federation ). According to the law, an employee can motivate his desire to quit each position for various reasons.

In the following article you can get more information about voluntarily dismissal of an employee.

The initiator of dismissal is the employer

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

• complete closure of the enterprise;
• the employee received a negative assessment based on the results of the probationary period;
• reinstatement of a former employee to a part-time position;
• absence of a trade union committee in the organization, or the dismissed person is not a member of the trade union;
• an employee is caught stealing property;
• hiring an individual employee for a combined position.

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

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

Reduction of part-time worker (external and internal)

To avoid having to reinstate an employee to a part-time position, the manager must strictly follow the letter of the law. The procedure for laying off a part-time worker is not particularly difficult; it is identical to that used for all other cases of layoff. The manager notifies the employee of the upcoming layoff (free-form warning) 2 months in advance. The employee must read it and sign.

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

Dismissal under an open-ended contract

In the procedure for laying off a part-time worker, one nuance should be taken into account in which an employer can lay off a part-time worker working under an open-ended contract. The reason for this is the hiring of a key employee for a combined position. The part-time worker is notified 2 weeks in advance.

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

An employee who has entered into an open-ended contract with an employer can also terminate the employment relationship at his own request, which is drawn up according to the standard.

Termination of an employment contract with a part-time worker

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

Reasons for dismissal

The list of presented categories of workers subject to dismissal includes: Article 77 of the Labor Code of the Russian Federation includes part-time workers. They apply to people in secondary employment who are allowed to be fired for the following reasons:

• in connection with the liquidation of the organization;
• when optimizing staffing levels with subsequent reductions;
• for failure to comply with labor and production discipline;
• expiration of contractual obligations;
• for professional inconsistency (insufficient level of qualifications);
• for health.

In real life, situations arise in which management initiates dismissal. For example, an unsatisfactory assessment based on the results of certification, absenteeism, coming to work while intoxicated ( Article 81 of the Labor Code of the Russian Federation ). The employer also has the right to dismiss a part-time employee if he has committed an immoral act, is dishonest, or is negligent in relation to the material assets of the enterprise, while being responsible for their safety.

If an employee feels that he has been unfairly treated, but does not have enough knowledge to resist, he can contact a legal agency for advice.

Restrictions on termination of an employment agreement

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

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

These restrictions lose force if an employee from the listed categories has committed an unlawful, immoral act or has accumulated several penalties for violation of discipline.

Based on requirements Article 81 of the Labor Code of the Russian Federation . It is not permitted to terminate the employment relationship while the employee is undergoing treatment or on scheduled leave.

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

Payments to a part-time worker upon dismissal

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

When a part-time employee is dismissed, this compensation is paid. If we are talking about an internal part-time worker, then such a payment is calculated taking into account the wages accrued for the part-time position.

If the manager decides to dismiss a part-time worker, when paying him severance pay, the Article 44 Labor Code . which specifies the grounds for such payment and its amount.

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

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 employee 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.

Application for part-time dismissal - sample and the employee can receive explanations on how to fill it out from the HR department of the employing organization. The material we offer also provides answers to some questions related to the preparation of such a statement.

Procedure and grounds for dismissal of a part-time worker

An employee working part-time is subject to all labor laws and local regulations, and an employment contract is concluded with him, just like with others.

The procedure for dismissing a part-time worker also remains the same as for other categories of employees and includes the following steps:

1. Drawing up an application (by the employee) or an information letter (by the employer) about the intention to terminate the employment contract.
2. Warning about upcoming dismissal. The notice period, that is, the length of the working period, depends on the reason for dismissal.
3. Drawing up a dismissal order, issuing settlement payments, a work book and other documents relating to the employee’s work activity.

In case of dismissal at his own request, the employee must comply with the provisions of Art. 80 of the Labor Code, promptly informing the employer in writing of your intention. However, the Labor Code also contains some additions regarding the dismissal of part-time workers.

An employment contract with a part-time worker can be terminated either at the initiative of the employer or by the decision of the employee himself. At the same time, for part-time workers Art. 288 provides for an additional basis for dismissal - hiring an employee for whom this position will be the main one. In this case, the employer informs the employee in writing in advance.

NOTE! If an employee performs additional labor functions on a part-time basis in accordance with Art. 60.2 of the Labor Code of the Russian Federation, that is, without concluding a separate employment contract, he has the right to refuse it at any time by notifying the employer in writing at least 3 days in advance. At the same time, refusal to combine the position cannot serve as grounds for dismissal of the employee.

Sample notice of dismissal of a part-time worker

Complying with the rule of warning the employee in advance about the upcoming termination of the employment contract, the employer draws up a notice in free written form. His sample looks like this:

Notification

In connection with the hiring of an employee for the position of merchandiser at Ecotext LLC, for whom this work will be the main one, in accordance with Art. 288 of the Labor Code of the Russian Federation, we inform you that the employment contract concluded with you dated February 12, 2016 No. 51 will be terminated on October 15, 2016.

01.10.2016

Director: (signature) Selivanov P. A.

Part-time dismissal order, sample

The T-8 order form for dismissal of employees was developed in 2004 and is still used today. Its use is also possible in cases of termination of employment contracts with part-time employees.

The HR department employee must fill it out with the following required information:

• full name of the enterprise;
• registration number of the dismissal order;
• date of drawing up the order;
• the name of the document is “Order on termination of the employment contract”;
• date of conclusion and registration number of the contract being terminated;
• date of dismissal of the part-time employee;
• Full name of the dismissed employee;
• name of the structural unit where the employee worked;
• the basis for termination of the employment contract indicating the article of the Labor Code of the Russian Federation;
• registration data of the document serving as the basis for dismissal.

On the employer's part, the document is signed by the head of the organization or another authorized person. After drawing up the order, it is necessary to present it to the employee for review, after which he also signs the document.

Considering that the Labor Code of the Russian Federation provides an additional basis for the dismissal of a part-time employee due to the employment of another person as the main job, we will consider a sample order in this situation:

IMPORTANT! In Part 1 of Art. 373 of the Labor Code provides a closed list of grounds for the dismissal of an employee - a member of a trade union, requiring agreement with the employer's trade union body, and dismissal under Art. 288 TK is not included in this list.

It is worth paying attention to the mandatory written information to the employee about the upcoming dismissal in connection with the hiring of another employee for the position as the main one. This must be done at least 2 weeks before the termination of the employment contract. The date of dismissal and the date of drawing up the order may vary.

Sample application for dismissal of a part-time employee

Application for dismissal of an internal part-time worker

If an internal part-time worker completely terminates his employment relationship with the employer, then the dismissal process takes place in accordance with the general procedure established by the Labor Code of the Russian Federation. The Labor Code does not provide for the mandatory mention of internal part-time employment in an employee’s resignation letter. Let's consider a sample application for dismissal in accordance with paragraph 5 of Art. 77 of the Labor Code of the Russian Federation (when transferring an employee):

To the Director of Ecotext LLC

Selivanov P. A.

Pitrenko L. S.

Statement

I ask you to terminate the employment contract concluded with me dated 02/12/2016 No. 51 and dismiss me in the order of transfer from Ecotext LLC to Agroimpex CJSC on 10/15/2016. I am attaching a letter of transfer to CJSC Agroimpex dated September 30, 2016.

01.10.2016

Application for dismissal of an external part-time worker

We will separately consider the option of dismissing an external part-time worker. External employees are considered to be part-time workers who perform official duties at another enterprise during their free time from their main job. The work record book of such an employee is kept by the main employer, and at the request of the employee, entries can be made in it about work activity and dismissal from part-time work. When dismissing such an employee, the fact of working part-time must be indicated in the application.

The statement in this case would look something like this:

To the Director of Ecotext LLC

Selivanov P. A.

from a regional representative

Pitrenko L. S.

Statement

I ask you to voluntarily dismiss me from my part-time position as a merchandiser on 10/04/2016.

01.10.2016

Signature: (signature) Petrova L. S.

Entering records of dismissal in the work book of a part-time worker

The procedure for making entries in the work book was approved by the resolution of the Ministry of Labor “On approval of the Instructions...” dated October 10, 2003 No. 69. In accordance with it, all entries, including the dismissal of part-time workers, are made at the main place of work.

Please note that entries about part-time work are made at the request of the employee. An employee planning to record the termination of an employment contract at a part-time job must obtain a document from the HR department confirming the fact of employment and dismissal. A record of dismissal is made subject to the availability of a record of hiring.

The procedure provides for indication in the appropriate columns:

1. Record numbers.
2. Dates of hiring and dismissal.
3. Notes on part-time employment indicating the position, profession, specialty and qualifications of the employee.
4. Information about the document - the basis for recording (name, date, number).

Thus, part-time workers are subject to standard rules for registering dismissal, including writing a statement, drawing up an order to terminate the employment contract and making an entry in the work book.