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

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

Dismissal of an internal part-time worker

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

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

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

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

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

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

Dismissal of an external part-time 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, you should obtain certified copies of the dismissal documentation from your place of employment and transfer them to the personnel department of the main employer. This documentation will allow you to record the fact of termination of part-time employment.

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

Work book from the place permanent job is not confiscated and is not given to the owner.

Dismissal of a part-time worker at will

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

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

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

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

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

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

The employer is obligated to inform the part-time worker about the upcoming event; the code defines a warning period for each reason. For example, upon dismissal under Article 288. The 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 to the part-time worker through a written document. If it is not possible to personally deliver the notification documentation, you can send it by mail and receive a notification that the letter has been delivered to the addressee. It is important to obtain the signature of the dismissed part-time worker on the warning form. This signature is for informational purposes and serves as confirmation of the employee’s awareness of the upcoming event, which indicates that the employer has performed the actions provided for by the Labor Code of the Russian Federation.

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

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

The order states :

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

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

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

Payments to a part-time worker

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

The following are subject to payment:

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

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

Payment of compensation

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

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

Severance pay

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

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

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

At the same time 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.

A dismissed part-time worker is subject to all guarantees that apply to employees and are established Labor Code, 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).

Work book

When a part-time worker is hired, you cannot ask for a work book from him, since it is kept in the files of the personnel department 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. The part-time worker himself cannot claim extra work as the main one, 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 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.

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.

Legislative framework

Legislation regulates all aspects of the relationship between employer and employee. Chapter 44 TC RF contains basic provisions that relate to part-time status, signing and termination procedures labor 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

To satisfy an employee’s request to dismiss him at will from the position he holds, the personnel officer must know about some nuances. It's about compulsory service within 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 worker

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 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 have higher power, so the 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 former 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 labor 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 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 incompliance ( insufficient level qualifications);
• due to health reasons.

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 alcohol 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 dishonest, or is negligent in relation to material assets enterprises, 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 allowed to terminate the employment relationship while the employee is undergoing treatment or on a planned vacation.

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 payment is calculated taking into account wages, accrued for a 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.

How to fire a part-time employee without his consent? In modern labor legislation, there are quite a lot of various rules and regulations regarding the hiring of a person and his subsequent dismissal from the workplace. During this process, it is necessary to comply with all the rules of modern legislation, taking into account its specifics and subtleties. In the future, all this will help to avoid unnecessary and unpleasant legal proceedings that take away precious time and cash. In this case, we will talk about how to fire a part-time employee. This matter has its own peculiarities and subtleties that you need to know before saying goodbye to an employee.

Part-time work

Part-time work in labor law implies a situation where one employee of an enterprise occupies several positions at a work enterprise. Such work, as a rule, is carried out in free time, and payments for the work done are made separately.

In principle, an employee can have as many such combined jobs as he wants, provided that certain time frames are observed. You also need to rest. The travel time from home to workplace is taken into account, since everything must be within reasonable limits. The most important thing is that part-time work must be officially registered in accordance with all the rules of labor legislation. The combination agreement must be drawn up separately from the main agreement between the employer and employee. A part-time employee enjoys the same rights as other employees of the enterprise. This is the basic rule. Moreover, this applies to all part-time workers, who can be both internal and external.

For this reason, the hiring of a part-time employee and the dismissal of an external part-time employee occur on a general basis. The process is divided into three stages:

1. A part-time worker writes an appeal to his employer with a request to hire him part-time. Such an application must be made in writing, in compliance with all the rules and regulations that apply to standard employment.
2. The employer and employee sign a corresponding agreement, according to which a new relationship arises between the employer and the employee.
3. Based on a written agreement, an order or, in other cases, an order for employment in the form of part-time work is issued.

If we are talking about hiring an external part-time worker, the person who wrote the application for this form of employment must provide the HR department or the head of the enterprise with an identification document of the applicant, as well as all necessary documents, indicating the presence of education and any experience. The internal part-time worker does not need to do this. All documents are already located at the enterprise base. In all other respects, the status of a part-time worker is no different and is not inferior to the status of other employees; their rights are not limited or infringed by any rules. But termination of a contract with a part-time employee still has a number of differences from the standard dismissal of hired employees.

Dismissal of a part-time employee

Although the procedure for terminating a contract is no different from how it happens in the vast majority of cases, it is worth paying attention to the employment contract itself, without missing out on any details. The concluded labor agreement influences the procedure for dismissing an employee, regardless of who the initiative comes from - the employee or the employer.

The dismissal of an internal part-time worker occurs in the same way as the termination of a contract with an external part-time worker. There are no differences in both procedures. Since a work contract in the status of a part-time employee is drawn up in the same way as any other standard employment contract, it can be concluded for any period. Mostly part-time workers are hired for a certain period until the main employee returns from vacation or recovers. In some cases, we are talking about hiring an employee for an indefinite period. Then the contract will be valid until one of the parties wishes to terminate it. It is the issue of timing that most influences the process of dismissing an employee working in a part-time position.

At the moment, we can highlight several basic rules for the dismissal of persons working in a part-time status in the event of a fixed-term contract about hiring in this form:

1. A part-time employee can always be made redundant on a general basis without exception. And it doesn’t matter at all whether this happens externally or, on the contrary, internally.
2. There are a number of rules on how to fire a part-time worker without his consent and at the initiative of the employer. He has the right to terminate the agreement at any time, with the exception of situations when the person hired for work is on vacation, on sick leave, during pregnancy or caring for a young child. In these cases, dismissal is not feasible.
3. The date of dismissal of persons working part-time cannot precede the date of departure of the main employee to work. If the employment contract is signed in a fixed-term form, the contract with the employee can be terminated only when the term of this agreement itself expires. Before this period, dismissal of an employee on the initiative of the employer himself is not feasible. Annoying exceptions to the rules may be violations labor discipline or when the entity itself is liquidated and all employment contracts with all employees cease to be valid. In such cases, employees become unemployed.

Dismissal under an open-ended contract

When the head of an enterprise and the person hired for work enter into an open-ended contract for part-time employment in several positions, this affects the process of his dismissal, which is slightly different from the process of dismissal of an employee who has entered into an agreement with the enterprise for a specific period.

The dismissal of a part-time worker who has entered into a permanent contract has the following features:

1. The management of the enterprise has a reasonable right to dismiss a part-time worker if another main employee is found in his place. In this case, the employer is no longer constrained so much by the terms specified in the concluded employment contract, because there are no specific deadlines. It can be terminated at any time at the request of one of the parties or at the request of both parties.
2. If the head of the company has decided to lay off a part-time employee, he is obliged to inform about his decision 2 weeks before the day of the proposed dismissal, when the employee either cannot fulfill his obligations or when the employment contract itself becomes invalid. The shareholder must receive such notice only in a written document with all necessary attributes. Violation of this rule makes such dismissal illegal: it will violate the standards established in the labor code.
3. In some cases, the employee manages to leave his previous main job. Thus, he actually becomes the main employee of the enterprise where he performs part-time work. And it doesn’t matter that this work is part-time. The schedule does not play a role in this case. If this happens, the employer can no longer fire the person he hired immediately, since he loses his status as a part-time worker. The relationship between the employer on the one hand and the employee on the other is moving into a phase that is standard for most workers.

Modern labor legislation seems complicated at first glance, but in reality it is not at all complicated.

The employer only needs to know a number of nuances before entering into an agreement to work for a part-time worker or terminating it.

These are the rules for dismissing employees during the conclusion of an agreement on part-time work for a certain time period. Any discrepancies with these rules are a violation of labor discipline and the rights of the person hired for the work process. This often develops into labor conflict, which is later resolved in court. This will help avoid unnecessary problems in the future.

A part-time employee cannot be fired simply because the employer does not need his services. An employment contract can be terminated with a part-time worker only if it was concluded for a certain period and it has expired.

Dear readers! The article talks about standard methods solutions to legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

In other cases, a fact-based basis is required on which the employee is forced to terminate the employment relationship with the employer.

The initiator of dismissal can be the part-time worker himself if he does not want to continue working for personal reasons.

Legislative framework

A part-time worker is subject to all the rules that are used to regulate legal relations between an employer and an employee in the main position.

The legislator has provided for some legal features for part-time workers. Chapter 44 of the Labor Code of the Russian Federation is devoted to this.

Reasons

A part-time employee can be fired:

• if another employee was hired in his place, for whom this work will be the main one;
• part-time employee;
• employer, including branch;
• number of personnel;
• between the parties.

Lack of need for the services of a part-time worker cannot be grounds for dismissal.

If the workplace is subject to abolition, then, if possible, the part-time worker should be offered another job.

Dismissal of a part-time worker

The dismissal of a part-time worker is formalized by order. Guarantees and compensation for a part-time worker who combines work with study, as well as employees with such status in Far North and equivalent territories are provided at the main place of employment.

In other situations, the part-time worker is paid compensation that is provided for by law, labor and collective agreement.

External

An external part-time worker works simultaneously in different organizations. Dismissal is carried out according to the usual procedure.

The employee has the right to count on vacation, which must be provided with vacation at his main place of work.

If vacation is not used, it will be compensated in full.

Internal

An internal part-time worker holds two jobs in one organization.

It should not be confused with combination, when an employee performs different duties within the same schedule.

For part-time work, it is necessary to have 2 or more schedules, 2 salaries, etc. By dismissal from the main position, the employee terminates the part-time job, except in cases where the employer cannot offer a part-time position as the main one.

Part-time dismissal can be carried out at the request of the employee. Then he does not lose his main position and continues to work in accordance with the employment contract.

Guarantees and compensation to internal part-time workers are provided in full.

At your own request

A part-time employee must write a statement no later than 2 weeks before the termination of the employment relationship. In the document, he asks the employer to relieve him of his work duties.

Indicating the reasons and motives for the decision is not necessary, but the employer can ask about this orally.

At the initiative of the employer

Dismissal at the initiative of the employer is possible if the employee:

• grossly violated discipline;
• made repeated absences;
• stole cash and other valuables from the workplace;
• committed an immoral act;
• lost the trust of the employer;
• violated labor discipline.

Facts of gross violation of labor discipline must be documented.

Upon dismissal by the employer, no compensation is paid to the employee, but payment for the days actually worked must be paid.

By agreement of the parties

Termination of the contract by agreement of the parties is carried out by mutual consent.

Guarantees and dismissal procedures are provided in full in accordance with dismissal at the main place of work.

By staff reduction

Dismissal due to staff reduction is carried out with a warning of at least 2 months before termination of the contract.

Payment of compensation is carried out 2-6 months in advance and depends on whether the employee is registered with the employment service and whether he has found a new vacant position.

Due to insufficient qualifications

If an employee fails to pass the next certification, he is subject to dismissal.

If it is impossible to find employment with the employee, the employment contract is terminated and he is paid a settlement.

When hiring a permanent employee

If a new employee is invited to work, for whom the position will be the main job, then the part-time employee must be fired.

The employer must notify the employee of hiring an employee no earlier than 2 weeks in advance. This cannot be done if a fixed-term employment contract has been concluded with the part-time worker.

By disability

Dismissal due to disability is possible only if the part-time employee cannot actually work for medical reasons. The mere fact of issuing an ITU certificate is not considered grounds for termination of the employment agreement.

An employee’s contract may be terminated if he or she does not undergo a routine professional medical examination.

Registration procedure

Dismissal is formalized by order of the director of the organization. If termination employment contract part-time job is carried out at the will of the employee, then he must fill out an application and send it by registered mail, or submit it to the personnel department in person.

Submitting an application

Issued in the name of the employer. The document must be signed by the employee. There is no single application form. It can be formulated freely.

Order

Issued on the date of dismissal of the part-time employee. He must be paid a settlement and his work book returned.

The work book is returned if the employee resigns from his main position and at the same time ceases to work as an internal part-time worker.

Entry in the work book

Part-time work at one's own request is carried out at the request of the employee.

He must temporarily take the work book from his main job and provide it to the employer at the place of his part-time job.

Deadlines

Warn about the dismissal of a part-time employee, on the basis of the Labor Code of the Russian Federation - Art. 288, the employer must no later than 2 weeks in advance.

The same period applies if the part-time worker leaves of his own free will.

If the part-time job is terminated due to staff reduction or liquidation of the company, then employees must be notified 2 months before the termination of the employment relationship.

Payments and compensations

In 2019, the following mandatory compensations are provided:

• in the amount of the average monthly salary (in case of staff reduction and liquidation of the organization);
• payment of sick leave;
• vacation compensation.

Labor and collective agreements may provide for other compensation. They are paid along with payment for all time worked.

Consequences of illegal dismissal

The part-time worker has the right to resolve the conflict in the ITS commission if it exists at the enterprise or the employer agrees to create it. You can contact the labor inspectorate, where they can provide free legal assistance.