Dismissal of an external part-time worker by agreement of the parties. How to properly fire a part-time worker: legal grounds and formalization of the procedure. Sample notice of dismissal of a part-time worker

Tatiana Gezha,
Chief expert consultant at TLS-PRAVO LLC

In our difficult time Many workers strive to earn extra money and take part-time jobs in addition to their main place of work.

In accordance with Art. 60.1 of the Labor Code of the Russian Federation, employees have the right to enter into employment contracts to perform other work in their free time from their main job. You can enter into an employment contract with other employers (external part-time work), as well as with the employer for whom the employee works in this moment(internal part-time). It must be remembered that concluding employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided federal law(Part 2 of Article 282 of the Labor Code of the Russian Federation). No one has the right to check or restrict an employee. Part-time workers have all the rights and obligations that are provided for by the Labor Code of the Russian Federation for
key employees of the enterprise.
Causes of labor disputes and procedure for dismissal
The employment contract with a part-time employee is terminated on the same grounds as provided for by the Labor Code of the Russian Federation for the main employee. As a rule, termination of an employment contract on general grounds is carried out without problems. However, the Labor Code of the Russian Federation provides grounds for terminating an employment contract, which is expressly provided for part-time workers.
This is Art. 288 of the Labor Code of the Russian Federation “Additional grounds for termination of an employment contract with persons working part-time.” In cases where a part-time worker who has entered into an employment contract with the organization for an indefinite period is fired in accordance with Art. 288 of the Labor Code of the Russian Federation, in order to hire an employee for whom this work will be the main one, labor disputes arise quite often in practice.
In order to dismiss a part-time worker on this basis, it is necessary to strictly follow the procedure for terminating the employment contract in accordance with Art. 288 Labor Code of the Russian Federation. First of all, the employer must notify the part-time employee of the intention to terminate the employment contract with him no later than two weeks before the termination of the employment contract ().
If the employee refuses to familiarize himself with the notice of upcoming dismissal, the employer will need to draw up an act of the employee’s refusal to familiarize himself with the notice of upcoming dismissal ().
By drawing up such an act, the employer receives proof that he has complied with the requirements of Art. 288 of the Labor Code of the Russian Federation and the dismissal was carried out correctly. Violation of the dismissal procedure in relation to a part-time worker, as a rule, is grounds for declaring his dismissal illegal. This, in turn, will entail the employee’s reinstatement at work. This is confirmed by a large number of labor disputes on this basis.
Arbitrage practice
1. Terminate according to Art. 288 of the Labor Code of the Russian Federation, only an employment contract concluded for an indefinite period is possible.
Thus, the Moscow City Court considered case No. 33-7266 on an organization’s complaint against an earlier court decision declaring the dismissal of employee Z. illegal under Art. 288 of the Labor Code of the Russian Federation from this organization. Employee Z. was hired by the organization as a dispatcher. A fixed-term employment contract was concluded with her for a period of one year. After 5 months, the employee was notified of her upcoming dismissal under Art. 288 of the Labor Code of the Russian Federation in connection with the provision of the position held by an employee for whom the work will be the main place of work. Z. refused to sign the notice, as evidenced by the corresponding entry on the notice. The employee was fired.
Resolving the dispute, the court of first instance came to the conclusion that Z.’s dismissal from his position was illegal under Art. 288 of the Labor Code of the Russian Federation, since dismissal of an employee on the specified basis is possible only if an employment contract is concluded with him for an indefinite period, while a fixed-term employment contract was concluded with Z., and therefore the employment contract with her could be terminated only on general grounds, provided for by the Labor Code of the Russian Federation, and she could not be dismissed under Art. 288 Labor Code of the Russian Federation.
Since Z.’s dismissal is illegal, the court of first instance, on the basis of Art. Art. 234, 237 of the Labor Code of the Russian Federation reasonably recovered in her favor wages for the period of forced absence and compensation for moral damage. The decision of the court of first instance was left unchanged by the judicial panel.
2. Dismissal of a part-time employee under Art. 288 of the Labor Code of the Russian Federation is possible only in the case of mandatory hiring of an employee for whom this work will be the main one.
M. filed a lawsuit against the organization for reinstatement at work and for the recovery of average earnings for the period of forced absence. M. worked in the organization as a part-time driver under an open-ended employment contract. He was dismissed from the organization in accordance with Art. 288 of the Labor Code of the Russian Federation, having previously received notice of termination of the employment contract in connection with the hiring of an employee for whom the work will be the main one. However, no one was hired to replace M.
This fact was confirmed during judicial trial. The defendant was unable to provide evidence in the form of an employment contract or employment order confirming that another employee was hired for the position of driver, for whom this work is the main one. Taking into account the above, the court of first instance came to the correct conclusion that M.’s dismissal was illegal and that he was reinstated.
In accordance with Art. 288 of the Labor Code of the Russian Federation, the dismissal of an employee working part-time is carried out only in the case of mandatory hiring of an employee for whom this work will be the main one. Consequently, in the absence of hiring an employee for whom this work will be the main one, the employee working part-time cannot be dismissed, otherwise it would mean an unreasonable restriction labor rights persons working part-time.
As a result, the judicial panel of the Moscow Regional Court in case No. 33-6794 dated March 31, 2011 left the decision of the trial court unchanged.
3. If a part-time employee has terminated his employment relationship with the employer at his main place of work, then the part-time job does not become his main job. Thus, the appeal ruling of the Saratov Regional Court in case No. 33-1271 upheld the decision of the district court. Employee T. filed a claim against the organization for reinstatement in her position, as well as recovery of earnings for the period of forced absence and compensation for moral damage. The plaintiff worked in this organization part-time. Having resigned from the main place of work under clause 3, part 1, art. 77 of the Labor Code of the Russian Federation, she submitted an application to the personnel department stating that she had lost her main place of work and asked to resolve the issue of changing the status of part-time work to work at her main place of work.
However, the application for changing the status of work was returned to her and at the same time she was given a notice that the employee would be dismissed in connection with the hiring of an employee for whom this work would be the main one. Employee T. considered her dismissal illegal, citing the fact that due to the loss of her main job, she lost her part-time status and at the time of providing her with notice of termination of the employment contract, she had no other permanent place work. In her opinion, the employer in this case did not have the right to apply Art. 288 Labor Code of the Russian Federation.
Resolving the dispute, the judicial panel found the conclusions of the trial court to be correct. Having concluded an employment contract for part-time work, the employee acquires the corresponding status under this contract, which does not change automatically due to changes occurring at the main place of work, i.e. if the employee has terminated his employment relationship with the employer at the main place of work, then work at part-time work does not become his main job.
This conclusion follows from the content of Part 4 of Art. 282 of the Labor Code of the Russian Federation, according to which the condition of part-time work is a mandatory condition of the employment contract. The terms of an employment contract can only be changed by agreement of the parties and in writing.
4. You cannot fire under Art. 288 of the Labor Code of the Russian Federation, an employee who has a dependent minor child under 3 years old.
Employee G. worked part-time in the organization under an employment contract concluded for an indefinite period. She was fired under Art. 288 of the Labor Code of the Russian Federation in connection with the hiring of an employee for whom this work is the main one. G. herself considered the dismissal illegal, since a new employee, for whom this work would become the main one, had not been hired at the time of G.’s dismissal.
In addition, she could not be dismissed due to the provisions of Art. 261 of the Labor Code of the Russian Federation, because he has a minor child. G. asked to reinstate her at work, to recover wages for forced absence, the amount of compensation underpaid upon dismissal unused vacation.
In resolving the dispute, the court of first instance indicated that G. has a dependent child under three years of age - a son. Moreover, the provisions
Art. 261 of the Labor Code of the Russian Federation prohibits the dismissal of women with children under 3 years of age at the initiative of the employer only on grounds in which there is no fault of the employee, which may also include dismissal on the basis of the provisions of Art. 288 of the Labor Code of the Russian Federation (in case of hiring an employee for whom this work will be the main one). G.’s dismissal cannot be considered legal, and she is subject to reinstatement at work on a part-time basis.
It is also necessary to remember that termination of an employment contract in accordance with Art. 288 of the Labor Code of the Russian Federation refers to dismissal at the initiative of the employer, therefore it is prohibited to dismiss an employee on this basis during the period of his temporary disability or while on vacation (Part 6 of Article 81 of the Labor Code of the Russian Federation). In addition, the court analyzed the documents presented by the defendant and came to the rightful conclusion that at the time of the plaintiff’s dismissal, in fact, a new employee, for whom this work is the main one, was not hired. As a result, the appeal ruling of the Lipetsk Regional Court in case No. 33-2698/2013 dated 10/09/2013 upheld the decision of the district court.

Annex 1

Sales manager
Andreev V.V.

NOTICE dated September 10, 2015 No. 21
On termination of an employment contract

Dear Vadim Viktorovich!

In accordance with Art. 288 of the Labor Code of the Russian Federation, we notify you that the employment contract No. 16/13 dated May 14, 2013, concluded with you on a part-time basis, will be terminated on September 25, 2015 in connection with the hiring of A. S. Inozemtsev, for whom this work will be the main one.

General Director Petrov /P. P. Petrov /

The notice has been reviewed by: manager Andreev /V. V. Andreev/

Appendix 2

Limited Liability Company "Solnyshko"
10.09.2015

№ 54
Moscow

about the employee’s refusal to receive a signed notice of impending dismissal on September 10, 2015 at 2:20 p.m. in office No. 302 (office of the HR department) in the presence of the head of the HR department L.N. Stepanova, the head of the sales department A.P. Solovyov and legal adviser A.V. Lukin, the manager of the sales department V.V. Andreev (who works part-time) was asked read the notice dated September 10, 2015 No. 21 about the upcoming dismissal in connection with the hiring of employee A. S. Inozemtsev, for whom work as a sales department manager will be the main one.
V.V. Andreev, without explaining the reasons, refused to receive his own copy of the notice. He also refused to familiarize himself with this notice against signature. Head of the HR Department L. N. Stepanova in the presence of V. V. Andreev, Head of the Sales Department
A.P. Solovyov, legal adviser A.V. Lukin read the notice out loud.

Head of HR Department Stepanova /L. N. Stepanova/

V.V. Andreev refused to familiarize himself with the act. Head of HR Department Stepanova /L. N. Stepanova/
Head of Sales Department Soloviev /A. P. Soloviev/
Legal consultant Lukin /A. V. Lukin/


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

Dismissal of an internal part-time worker

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

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

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

Reasons for dismissal of an internal part-time worker

There are both common reasons dismissals of internal part-time workers, as well as additional ones. General ones include those established by Article 77 Labor Code. A part-time employee working under an employment contract at an enterprise can be dismissed on the following grounds:

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

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

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

The procedure for dismissing an internal part-time worker

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

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

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

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

Features of dismissal of an internal part-time worker

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

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

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

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

Part-time work is a fairly common phenomenon, and is often used by employers in practice. Employees hired under such conditions do not work full time, but only perform certain duties during the time when they are free from their main job. Part-time work can be external and internal. In the second case, this is the main and additional work at one enterprise. Labor relations in this category must be formalized.

Registration for work and dismissal of a part-time worker

The employer must not forget that a part-time worker has the same rights as all other employees. In this regard, registration for a job or dismissal should be done on a general basis. The first point is carried out in three stages:

  • drawing up and submitting an application containing a request for employment (an external part-time worker must provide a passport and education document to the enterprise’s HR department);
  • signing of an employment contract (fixed or unlimited) by the parties;
  • issuing an order stating that a person has been hired for internal or external part-time work.

And remember that when applying, you do not need to provide an extract from your work record book or a copy of it. Close attention should be paid to the employment contract; it is its provisions that play a decisive role when the question of dismissing a part-time worker arises. Otherwise, the procedure will be the same as for key employees.

The (employment) contract for part-time workers is the same as for others. It can be indefinite or urgent. This point is of significant importance when dismissing. Being of a fixed-term nature, an employment contract must also have an end date - a calendar date or before the occurrence of a certain event, for example, the end of seasonal work or repairs. In the indefinite version, this should not be the case; it is valid continuously until the moment the part-time worker is dismissed at his own request. Let us dwell on the issues of termination of an (employment) contract in more detail.

What may be the grounds for dismissal?

The answer to this question is the same - the same as for key employees. Dismissal cannot be carried out during the period of vacation (regular or maternity leave, for example), sick leave. The date when the employment contract is terminated, in this case, cannot be earlier than the end of these events. If an employee was hired for a certain period of time, then he can be fired only after it has expired and nothing else. There are, of course, exceptions, for example, disciplinary sanctions and violation of internal regulations, liquidation of the organization, but that’s another conversation.

Dismissal of a part-time worker can be made in three cases:

  • at the initiative of the employer (change or reduction in the organization’s staff);
  • at the employee’s own request;
  • by mutual agreement of the parties to the employment contract.

Dismissal at your own request

This is the right of any employee, and it must be formalized in accordance with the legislation of the Russian Federation. The procedure is as follows: writing and submitting an application, preparing and issuing an order, dismissal.

Very often, the employer raises the issue of two-week work. There is currently no such concept in the current Labor Code. The situation is as follows: the employee is obliged to notify the employer at least two weeks in advance. The period begins to be calculated from the day following the submission of the application. The dismissal of part-time employees and key employees can be made earlier if the parties agree on this. And the second nuance is that a person is not required to be at work during the specified two-week period. He has every right to take sick leave or go on vacation, and the terms of dismissal do not change or be postponed.

Internal part-time worker: subtleties of dismissal

The general order is followed, but with minor nuances. Thus, the dismissal of an internal part-time worker does not mean termination of the contract with him in his main position. Let's take a closer look. Who is an internal part-time worker? An employee of an organization who, in his own organization, during non-working hours, i.e. free, performs some other, additional duties. Dismissal as a part-time employee is made by order with the obligatory indication of reasons and grounds. The main position is not affected; it remains with the employee. The opposite situation is also possible. In any case, an order must be issued for each of these actions.

Part-time job reduction

Guarantees of labor rights are provided to part-time employees on an equal basis with main employees, but so do the responsibilities. The possibility of reduction is not excluded by law. Compliance with the established procedure is mandatory. Dismissal external part-time worker and internal staff reductions are similar to the procedure for key employees. Namely, the employer is obliged to notify 2 months in advance that staffing table changes will be made to the organization (an order is issued about this). During this period, before the day of dismissal, the part-time employee must be offered other vacant positions, if any. Available vacancies may have lower pay and may not be as interesting or prestigious. You can refuse them, and then the dismissal of the part-time employee due to staff reduction is formalized within the prescribed period. Severance pay is accrued in the same way as for main employees: when calculating ( average monthly earnings) and for another two months if the person does not find employment during this period.

It is important to know that when laying off, there is no difference between a main employee or a part-time employee, and discrimination of rights on this basis is illegal. This statement confirmed by judicial practice. You can always write a statement if you think that your rights have been violated.

Dismissal of part-time workers at the initiative of the employer

In this option, the employment relationship can be terminated on a general basis. Firstly, for repeated and gross violation internal labor regulations of the institution. Modern labor legislation provides three types disciplinary sanctions: dismissal, reprimand, reprimand. All of them can be applied, the main thing is to follow the order and deadlines (recording the violation by drawing up an act, demanding explanations, punishment).

Secondly, the dismissal of an external part-time worker, even under an open-ended employment contract, is possible when another employee has been found in his place, for whom this particular work will be the main one. It is important to know that the employer must follow a certain procedure. He is obliged to notify at least 14 days before the day of dismissal of the part-time worker in writing (according to Article 288 of the Labor Code of the Russian Federation).

Thirdly, in connection with the end of a fixed-term employment contract if the employer does not want to extend it.

Calculation of severance

Regardless of the reasons for dismissal, the employee must be paid on the day of his dismissal. Payments include wage, compensation provided for in the collective and labor agreements for unused vacation. On the same day, the employee is given a duly completed work book. We recommend that you always read the entries made in it; errors are common and it is better to correct them on the spot right away. Thus, monetary compensation upon dismissal of a part-time worker is similar to that given to main employees. True, there are small nuances regarding the annual main leave. Let's look at this issue separately.

Vacation compensation

The legislator has established that the vacation of an employee working part-time must coincide with that provided at the main place. Therefore, it is often provided in advance. This fact must be taken into account when calculating vacation compensation for a part-time employee upon dismissal. If there was an advance payment, then you will need to make a deduction for the overused days of the required annual rest. You don’t have to take vacation at an additional place of work, but only take it monetary compensation- This is the right of the employee.

Sample notice of dismissal

NOTIFICATION

on termination of the employment contract

Dear Felix Petrovich!

We hereby notify you that, in accordance with Article 288 of the Labor Code of the Russian Federation, the employment contract dated December 31, 2013 No. 41, concluded between you and Vasilek OJSC, will be terminated on January 17, 2016 in connection with the hiring of the employee for whom this work will be the main one.

CEO

JSC "Vasilek" /Signature/ V.V. Vasiliev

How to write an order to dismiss a part-time worker?

This document is filled out in accordance with the established form, which every personnel officer should have. Below is a sample of the dismissal of a part-time worker in terms of some wording. The reason line indicates the reason in accordance with the article of the Labor Code of the Russian Federation. For example, Art. 288 (on hiring an employee for whom this work will be the main one). Below, in the line “Base (document)”, the notice that was sent to the part-time worker and the employment contract (date and number) are indicated. It is important to read the order former employee within the established time frame - 3 days from the date of its publication.

Work book: what to write?

Entering information about part-time work is done at the request of the employee at his main place of work. But first of all, you need to write an application addressed to the head of the personnel department or the specialist responsible for maintaining work records. It is written in free form. Approximately at the following form: “I ask you to make an entry in my work book that I work part-time.” The procedure for entering information is the same as when registering for the main place.

If you are applying for an external part-time job, you need to be prepared to provide information from another employer. Namely: an employment contract and a copy of the order on its conclusion or an extract from it. In addition, ask the HR department for a certificate confirming part-time employment. It must be signed by the manager.

If a part-time employee (internal) is dismissed, a record of this should also be made in the work book; the seal and signature of the responsible person shall not be affixed. This does not apply to the employee’s main position.

In the case of external part-time work, difficulties sometimes arise. Let's focus on two situations. The first is when an employee quits his main job and gets a job in another organization where he was a full-time part-time employee. IN in this case the procedure will be as follows:

  • resign from your main job and make entries in your work book;
  • resign from a part-time job, in this case an order is issued that must be provided for the main job and on its basis an entry will be made in the work book;
  • drawing up an application for employment and issuing a corresponding order.

The second common case is dismissal from the main place of work, but part-time work in another organization remains. Then only one entry is made in the work book. If a person subsequently decides to resign from a part-time job, a record of this will be made by the organization in which he is employed as the main employee.

Issues of part-time work in practice can be extremely confusing. Therefore, it is so important to follow the procedure and rules for registering such an employee from the very beginning. The timing, grounds and compensation for dismissal of a part-time worker are the most common causes of disagreement. Draw up documents correctly, this will help avoid misunderstandings and possible litigation.

An employee with part-time status does not work at the workplace full time. The laws of the Russian Federation do not clarify what maximum amount work can be entrusted to the shoulders of the employee. There are two main types of part-time jobs according to Article 60.1 TK RF :

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

It is important that an employee, regardless of the number of jobs, must be officially employed everywhere, otherwise he will be powerless and defenseless in relation to his superiors. The administration can dismiss a part-time worker for any reason without bearing responsibility for it. A part-time worker has equal rights along with other full-time employees; dismissal occurs according to general rules.

To guarantee their rights, the part-time worker needs to make sure that everything is properly completed. This raises the question: how to make an entry in a part-time work book. A sample form can be found here.

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

If an employee does not want to continue his employment relationship with the company, the option of part-time dismissal at his own request is possible. TK Russian Federation defines the procedure for such dismissal. It occurs in the same way as the loss of a key employee’s job. The worker submits an application to his superiors, who, after consideration, issues an order for dismissal from the enterprise. this employee.

Part-time worker, following the letter of the law undertakes to work the required two weeks , unless other deadlines have been agreed upon on this issue. The day of dismissal cannot fall on a weekend or holiday, even if during this period the employee was at the workplace and performing his duties. On the last day everything is produced due payments. The HR and accounting department will not be at work at this time.

How to fire an employee from a part-time job?

Dismissal due to internal part-time work occurs when the list of a worker’s responsibilities increases and, due to limited time, he copes with his main and additional activities. There is a need for a full-time employee.

You can fire a part-time worker based on:

  • Statement of your own desire to resign.
  • Termination of the TD.
  • Agreement between the parties to the TD;

Also, deprivation of a job is possible on the initiative of management if a part-time worker violates the terms of the labor agreement or commits illegal actions, subjects in Art. 81. It is worth noting that an employer cannot fire a non-core employee if:

  • This is a woman expecting a baby.
  • Parent of many children.
  • Is in maternity leave or undergoing treatment with presentation of a sick leave certificate.

A part-time worker with whom an indefinite TD was concluded may be dismissed if a person for whom this work will be the main one, according to Article 288. Article 77 indicates that in other cases the part-time worker is deprived of his job according to the general rules. Employees with special benefits may lose their jobs only under articles 81 And 261 .

Sample entry in the work book about part-time dismissal

An entry in the work book upon dismissal must be made on the day of loss of employment. The record indicates the number and date of the order, the name of the enterprise and, necessarily, the reason for dismissal. The entry is made only on the basis of an order and can be in the following format:

“The part-time employment contract has ceased to be valid in accordance with clause 3, part 1 of Art. 71 of the Labor Code of Russia, at your own request. Order of Romashka LLC dated March 6, 2018.”

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

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

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

  • A worker has been found for whom this will be the main place.
  • Closing the enterprise.
  • Reorganization, which resulted in the reduction of the part-time position.
  • Termination of urgent TD.
  • The employee has many disciplinary violations that negatively reflect on production activities enterprises.
  • Inconsistency of qualifications for the position held.

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

The procedure for such a transfer is not provided for by the Labor Code of the Russian Federation, since part-time work presupposes the presence of a main place of work. So this will be a change in rate and duration working day. Even if a person has acquired the basic workplace, then he needs to provide the work permit to the HR department, and pick it up from his previous place of work is possible only after the termination of the TD. It is advisable to fire a person from his main position and hire him again, but this time with the mark “part-time”.

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 the employer or division located in locality, different from 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 labor activity;
    • 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 owner 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 one.

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

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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 fired, while employees are subject to fixed-term contracts this ground is not applicable.

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 termination date labor relations. 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 by labor or collective agreement or other local regulations.

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).

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