In small private companies, a situation often occurs when an employee is hired as a part-time worker. For example, they hire an accountant or courier as an external part-time worker. Or the content manager is a “jack of all trades,” combining his duties with the work of a system administrator.
Sometimes there comes a time when a non-core job no longer suits a part-time worker. In this case, the employee submits a letter of resignation at his own request (SJ). Dismissal of part-time workers almost no different from standard dismissal under the life insurance policy.
Dismissal at your own request
This is a type of dismissal by the employee. Even if the employer does not want to lose a valuable personnel, he will not be able to refuse dismissal. However, he also has rights that the employee must respect.
The dismissal procedure is regulated by Art. 80 TK Russian Federation. According to the law, an employee submits a letter of resignation 2 weeks before leaving and no later. Last worker 
day - the date of dismissal indicated on the application. Interestingly, an employee can resign at will even while on vacation or sick leave. There is no need to recall him from vacation.
The days after informing the employer are worked according to the usual schedule, the employee cannot immediately leave the employer. If before the expiration of the two-week period the employee changes his decision, he can withdraw the application and remain “at his post”.
Documents, that is, a work record book, copies of hiring and dismissal orders, salary certificates, etc. are issued on the last day of work. Then they pay back wages or compensation (under Article 127 of the Labor Code of the Russian Federation) for unused vacation. In fact, this day is the last chance for the employee to cancel the dismissal.
Dismissed according to the Labor Code, Art. 77. The note “dismissed due to at will", the third paragraph of this article. Additionally write the date and order number.
The period of service may be reduced or even canceled if:
- both parties agree to cancel the two-week work period;
- the employee was enrolled in studies;
- the employee retires;
- moves to another city or country;
- the employer's actions were contrary to labor legislation.
Internal part-time worker
Internal part-time job used to optimize staff. This is work for the same employer during free time from the main job. It is used in three main cases:
- For safety reasons and by law, a second employee is required. An example would be hiring your own worker as an additional, second electrician.
- After downsizing An employee is needed to fulfill the duties of the dismissed person. For example, an accountant, after being transferred part-time, works as a cashier in the same company.
- At long period of absence of an irreplaceable employee. When an accountant goes on vacation, someone still has to payroll. If the company has an employee with the appropriate qualifications, he is registered as a part-time worker for an additional fee.
Registration of dismissal
Dismissal internal part-time worker at will is not much different from dismissing a key employee. He also writes a statement, then they draw up a dismissal order in form No. T8-a. The document does not indicate whether the part-time worker is external or internal.
The order states:
- Full name of the employee;
- his position;
- personnel number of the person leaving;
- date of dismissal;
- basis indicating the article of the Labor Code;
- withholding or compensation data;
- signatures of the manager and part-time worker in the appropriate columns.
If an internal part-time worker leaves the organization altogether, two entries are made in his employment record:
- about dismissal as a main employee;
- below about dismissal as a part-time worker.
The reasons for dismissal do not have to be the same. In the same way, there should be two records of hiring. The accounting department makes calculations on two personal accounts. When working on labor agreement an employee can notify the employer of his refusal to perform additional duties 3 working days in advance (according to Article 60, paragraph 2 of the Labor Code).
External part-time job
An employee can work during times not occupied by his main work, not only in his own organization, but also in another. The working day of an external part-time worker, as well as an internal one, cannot be more than 4 hours a day. If an employee has taken a vacation or time off from his main place of work, he can work part-time for at least a full day. But the number of hours of part-time work cannot be greater than the time spent on the main activity. By law, the number of part-time jobs is not limited.
The part-time worker’s remuneration is calculated by the manager with the same allowances as the main employees’ remuneration, but cannot be less than the minimum established wage. The part-time worker must be at the place of work full time, therefore sign with the employee employment contract. It can be indefinite or for a specific period. Whether or not to make an entry about part-time work in the employment record is the personal choice of the employee.
Details regarding the calculation of vacation pay upon dismissal are contained here.
It often happens that an external part-time worker wants to join the staff. In this case, he is preliminarily dismissed from both organizations. Dismissal of an external part-time worker at his own request does not provide for any sanctions and would be a good choice.
The date of dismissal of a part-time employee cannot be a weekend or holiday, even if he worked on that day. You must wait until the next weekday. The part-time worker, as well as the main employee, informs management 2 weeks in advance.
Upon dismissal, if a record of external part-time work was made, the employee is obliged to pick up work book from your main job to make a mark about dismissal. It is entered at the place of dismissal, in contrast to the entry about the beginning of part-time work.The terms of an employment contract that increase the period of service or impose sanctions upon dismissal have no legal force and are contrary to the law. For example, the contract stipulates a month’s notice and loss of wages upon dismissal at the initiative of the employee. But the person resigning still has the right to notify management in accordance with the law, that is, 2 weeks in advance. Moreover, he can go to court, pointing out the violation.
Calculation of leave of an external part-time worker upon dismissal
This is the main difference. When your external partner receives vacation at the main place, he can go on vacation from the additional place. In this case, leave is granted even if he has not yet worked the required period. Upon dismissal, you will need to recalculate and deduct money for days taken off but not worked. If during vacation the employee continued to work as a part-time worker, he will need to pay compensation.
As you can see, the differences in the dismissal of a part-time employee and the main employee are small. Make your employees adhere to the law and follow it yourself. Do not force them to resign of their own free will, because now this can be proven in court. Let dismissal at the initiative of an employee remain that way.
Tatiana Gezha,
Chief expert consultant at TLS-PRAVO LLC
In our difficult times, many workers seek to earn extra money and, in addition to their main place of work, take part-time jobs.
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 at the 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 in practice quite often.
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 large number labor disputes on this basis.
Judicial 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 on recognition illegal dismissal employee Z. 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 it to 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 the 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 the 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 of the labor rights of 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 stops labor relations with the employer at the main place of work, then part-time work does not become the main one for him. 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 she was given notice of termination of the employment contract, she did not have another permanent job. 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 working part-time 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 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 collect wages for forced absenteeism, the amount of compensation underpaid upon dismissal for 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.
Appendix 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
Society with limited liability"Sun"
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 (HR department office) 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/
It's no secret that the dismissal of an employee is not always a pleasant event. Moreover, in the event of termination, the interests of both the employee and his employer may be affected. In situations where such interests of the parties are supported by rights defined in law, it is necessary to strictly adhere to the procedures established Labor Code. Otherwise, negative consequences are possible for both the employer and the employee.
Termination of an employment contract with a part-time worker has its own legal nuances. This is due to the specific situation of such workers and the presence of special rules governing part-time work. This article will tell you how to properly guide a part-time worker. A sample order to remove part-time employment is also attached to it.
General grounds for dismissal of part-time workers
Like any other employee, a part-time employee must conscientiously fulfill his or her job duties, comply with internal labor regulations, and perform other duties provided for by the code. As with other hired employees, the employer can take measures against him disciplinary action up to and including dismissal. The latter is possible in the case of repeated failure to fulfill duties, appearing drunk, absenteeism, and so on. At the same time, the employment contract with a part-time worker can be terminated without the presence of guilty actions of this party. For example, upon liquidation of an enterprise or in the event that an entrepreneur, his employer ceases its activities. Almost always, part-time dismissal takes place on general grounds and according to the standard procedure. Some of the nuances of dismissing a part-time employee due to staff reduction will be discussed further in this article.
What the legislation says about part-time work:
Of course, a part-time employee can resign of his own free will. Labor legislation does not provide for special deadlines for informing the employer about the upcoming dismissal. The part-time employee's application is submitted two weeks before the day of dismissal.
Expert opinion
Maria Bogdanova
The dismissal of a part-time employee can be made earlier if both parties agree on this. There is one nuance here - 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.
All general cases of dismissal of employees applicable to employees working part-time are contained in Art. 80, 81 of the Labor Code of the Russian Federation.
Part-time work is one of the grounds provided for by law for concluding a fixed-term employment contract with an employee. An employment contract can be concluded for any period, but not more than five years. Termination of such an agreement will be grounds for dismissal of the employee.
Please note: Despite the fact that the period for which the employee is hired is specified in the employment contract, and the document itself must be in the hands of the employee, the employer is obliged to warn about the upcoming dismissal three days in advance. Such notification shall be made in writing. If this is not done, the contract becomes indefinite.
Special grounds for dismissal of part-time workers
Employees who work on a part-time basis belong to the category of persons for whom labor legislation provides for special conditions for termination of the contract. In this case, there is only one basis - hiring an employee for whom this work will be the main one. However, here it is necessary to understand that such a basis is not provided for all categories of part-time workers. The law provides that the dismissal of an employee working on a part-time basis can only be possible if the contract with him is concluded for an indefinite period.
Please note: Terminating a fixed-term employment contract with a part-time worker when hiring a “main” employee will be a violation of the law.
This is probably one of the few cases in labor relations where a contract concluded for a term is more protective of the interests of employees than an open-ended one. Typically, the legislator tries to minimize the ability of employers to formalize fixed-term employment relationships, since they are considered not to be in the interests of employees.
Here we must not forget that, since this basis is one of the reasons, then if the dismissed employee is on vacation or “sick leave”, then you will have to wait until their end in order to terminate the employment contract. Termination of the contract with the employee during these periods is prohibited.
There is one more point that HR employees should pay attention to when filing for dismissal on this basis. The hired employee, for whom this position will be the main one, must perform the same work as the dismissed one. If the functionality that the newly hired employee will perform differs from the job functions of a part-time employee, then the dismissal may be considered illegal. And the employee with whom the contract was terminated was reinstated by the court. In this case, it may be best to dismiss the part-time employee through the reduction procedure. Of course, if there are necessary other reasons for this and the order of reduction is strictly observed.
Retrenchment of a part-time employee
When regulating the procedure for retrenchment, the legislator first of all took care of establishing guarantees and compensation for persons who lose their jobs as a result of retrenchment. To all employees, regardless of their main workplace they occupy or work part-time, the following guarantees are provided:
- timely warning of impending dismissal,
- the right to transfer to a vacant position,
- severance pay,
- payment of average earnings.
If the employer did not provide any of these guarantees and violated the terms of the redundancy order, then this is definitely a welcome case of reinstatement of the employee in court. Analysis judicial practice, draws attention to the fact that the judicial authorities, in all cases, check the compliance of the applied staff reduction procedure with the real intentions of the employer. That is, if, in fact, the employer wants to fire an undesirable employee, and uses layoffs to do this, then the dismissal on this basis will be considered illegal.
How to properly fire an employee if the company goes bankrupt:
As noted above, part-time workers will retain all the same guarantees and compensations as employees laid off at their main place of work. However, not all experts agree that all part-time workers are entitled to retain their average earnings after dismissal. If there are no problems with the issue of severance pay, then opinions differ here.
The essence of the issue is that the abbreviable . And, according to most experts, he is employed, and accordingly does not need further material support (after receiving severance pay). The purpose of the provided guarantees for maintaining average earnings is financial support for a citizen during a job search.
Let us remind you that a laid-off employee retains his average earnings for a period of two months, and in some cases up to three months, for the entire period of employment. But since the employee was and remains employed at his main place of work, then, according to experts, he has no need to look for work. This position is based on the approach to as a secondary method of employment. Additional, but not necessary. In some cases we cannot agree with this. This approach is also common when there is a reduction in internal part-time job and when externally.
What to do in cases where an employee previously hired for a part-time position has lost his main job? Is he paid an average salary? Here, experts in the field of labor relations are unanimous in their opinion. Average earnings should be retained, since the employee really needs employment, without focusing on whether it is at the main place or part-time.
As noted earlier, the dismissal of an employee working part-time (sometimes the concept of “removal of part-time work” is used) is carried out on a general basis and on the additional basis provided for these categories of employees. However, an additional basis cannot be applied in the case of concluding a fixed-term employment contract. In this regard, when dismissing a part-time worker, it is of practical importance to consider the issue of dismissal when hiring a “main” employee. Let's consider the appropriate dismissal procedure.
List of articles for which you can dismiss an employee:
If the employer plans to replace a part-time employee with an employee who will work in this position as at the main place of work, and the candidacy of this employee is known, or will be known by a certain date, then the law requires notifying the dismissed employee in advance.
The period of such notification is established by the Labor Code and cannot be less than two weeks. Like all similar events, the employee is notified by delivering a written document to him. In it, the HR employee indicates the details of the employment contract with the employee and the day of its termination (or an indication that it will be terminated two weeks after receiving the warning). Such a written warning is drawn up in any form. It must contain all the details necessary for the document and signature individual entrepreneur or the head of the enterprise (or persons authorized by him).
The dismissal order specifies the details of the warning and the details of the contract for hiring the employee for whom it will be the main one. The dismissed part-time worker must be familiarized with the order to terminate the contract.
Expert opinion
Maria Bogdanova
More than 6 years of experience. Specialization: contract law, labor law, law social security, right intellectual property, civil process, protection of the rights of minors, legal psychology
Regardless of the reason for dismissal, the employee must be paid on the day of his dismissal. Payments include wages and 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. It is recommended to immediately 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.
If the dismissal of an external part-time worker is formalized, then he needs to be prepared to provide data from another employer. Namely: an employment contract and a copy of the order on its conclusion or an extract from it. In addition, you must request a certificate from the HR department confirming part-time employment. It must be signed by the manager.
If a part-time internal employee 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.
Dismissal of a part-time worker at his own request - this is the termination of work activity that is not the main one for the employee. About types of part-time work, the procedure for dismissal from extra work and the features of its design and will be discussed in our article.
Dismissal from a part-time job at your own request (concept and features)
The law allows a citizen to take up additional permanent paid work in free time, which remains with him after fulfilling the duties provided for in the main employment contract. This work is a part-time job and can be carried out both within one organization (internal) and in a third-party company (external), according to Art. 60.1 Labor Code of the Russian Federation.
Dismissal of a part-time worker at his own request is the termination of an employment contract concluded for the so-called additional work. This procedure is subject to general norm labor legislation, according to which an employee has the right to declare a desire to terminate legal relations with the employer at any time, having notified his intention at least 14 days in advance calendar days(Part 1 of Article 80 of the Labor Code of the Russian Federation).
Application form
Drawing up a part-time application is the first stage of the dismissal procedure. It can be handwritten or typed using technical means. In this case, the application may contain:
- wording that clearly indicates the employee’s intention to resign;
- indicating a specific date last day work;
- personal signature of the employee indicating the date of the application.
In practice, the question of whether it is possible to accept a statement typed on a computer from an employee is very relevant. There is no direct prohibition in the legislation, and many organizations specifically approve printable templates statements so that the employee can complete it correctly. The Constitutional Court, in its ruling dated March 22, 2011 No. 394-О-О, also pointed out the absence in Part 1 of Art. 80 of the Labor Code of the Russian Federation, the obligation to use one or another form of application (stencil, form or handwritten version). In this regard, we can talk about the legal equivalence of a handwritten resignation letter and one printed using technical means.
It is worth noting that the employee may not indicate the date of dismissal in the application - in this case, termination of the employment contract will occur on the last working day of the second week of work. The date is important only if it is necessary for the employee to leave on a specific day (i.e. without working) if there are compelling reasons for this (upon retirement, admission to study, etc.).
Dismissal of a part-time worker without work
The employee and the employer have the right to agree to formalize dismissal without statutory work or to reduce its period. However, if the employer is against letting the employee go earlier, the part-time worker will have to fulfill his duties under the contract for another 2 weeks.
An exception to this rule will be those provided for in Part 3 of Art. 80 of the Labor Code of the Russian Federation, reasons, if they arise, the employer is obliged to formalize the dismissal on the date that the part-time worker indicated in his application:
- enrollment of an employee for study;
- retirement of a part-time worker in old age;
- the employer's evasion of compliance with labor laws or their violation;
- other circumstances that make it impossible for a part-time worker to carry out work activities in the future.
Dismissing an external part-time employee at your own request - how to fire correctly?
An external part-time employee is a full-time employee who works most of the time for one employer, and after the end of the work shift performs labor functions for another. At the same time, a citizen has the right to conclude employment contracts with 2 or more employers at his own discretion (Part 2 of Article 282 of the Labor Code of the Russian Federation). In the text of the employment contract, the second (third, etc.) employer must indicate that the employee’s work is part-time (Part 3 of Article 282 of the Labor Code of the Russian Federation).
One of the main requirements of part-time work is compliance with the standard working hours. By general rule it should not exceed 4 hours a day. Only on those days when an employee is released from duties at his first place of work, he can additionally work a full shift part-time (Part 1 of Article 284 of the Labor Code of the Russian Federation). The work of an external part-time worker is paid in proportion to the time he worked. Wages may also depend on production or be determined by other conditions specified in the employment contract (Part 1 of Article 285 of the Labor Code of the Russian Federation).
Application methods
Having drawn up a letter of resignation, the employee must submit it to personnel service, accounting department or directly to the head of the organization in which he works part-time. The authorized person is obliged to accept the document and register it in the manner determined by the internal regulations of the organization. In order for the employee to retain proof that the application was submitted on a certain day, it is necessary to keep one copy with a mark of acceptance.
If the employer refuses to accept the application, it should be sent using postal service by registered mail with notification of delivery. This notice is returned to the employee with the signature of the employer’s representative who received the letter (subparagraph “b”, paragraph 10 of the rules for the provision of services, approved by order of the Ministry of Telecom and Mass Communications of the Russian Federation dated July 31, 2014 No. 234). However this method notifications are longer, since the two-week period of work will begin only from the next day after the employer receives the letter, and not from the moment it is sent.
It is worth noting that a part-time worker can submit an application while on vacation or sick leave. These days will be included in the working period. A direct ban on dismissing an employee during illness or on vacation is established exclusively for the employer, that is, in the case when the initiative to terminate the employment contract comes from him (Part 6 of Article 81 of the Labor Code of the Russian Federation).
Drawing up a dismissal order
On the last day of work of a part-time worker, the employer is obliged to issue an order to terminate the employment contract with the employee. Until January 1, 2013, a single standard was established for all organizations operating in the Russian Federation. unified form dismissal order No. T-8 (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1). In connection with the adoption of the Law “On Accounting” dated December 6, 2011 No. 402-FZ, employers were able to use their own form of order, developed within the organization.
Regardless of which form the employer’s representative fills out (when drawing up an order in free form the best option will be issued on the organization’s letterhead), the order must contain the following:
- employer's name;
- serial number of the document, date of its preparation;
- details of the employment contract with a part-time worker (date of signing and number);
- information about the date on which termination of the contract is formalized (i.e., dismissal);
- Full name and position of the part-time worker being dismissed;
- grounds justifying the termination of the employment contract (the text of this line should be formulated in strict accordance with clause 3, part 1, article 77 of the Labor Code of the Russian Federation);
- reference to the documentary basis for dismissal (in this case, this is the employee’s statement indicating the date of its preparation);
- signatures of the manager and part-time worker, as well as the date of familiarization with the order, which the employee must sign with his own hand.
The execution of the order by an authorized employee, its signing by the manager and familiarization with the document of the resigning employee of the organization confirms the fact of the final completion of the part-time worker’s employment with the employer.
Dismissal of an internal part-time worker at his own request
An internal part-time worker is an employee working for one employer under 2 or more employment contracts, one of which is the main one. At the same time, it is important not to confuse the concepts of “internal part-time work” and “combining positions”, since combination is additionally paid work within the framework of one employment contract and is formalized by drawing up an additional agreement to the employee’s contract with his written consent (Article 60.2 of the Labor Code of the Russian Federation ).
The procedures for voluntarily dismissal of both types of part-time jobs are identical. An employee working for one employer - both under the main employment contract and under an additional one - has the right, on a general basis, to terminate any of them or resign from the organization completely.
Note: in the event of termination of relations with the employer under all employment contracts, the part-time worker must draw up separate statements (for each position), work required periods and sign termination orders for each contract.
Calculation of a part-time worker upon dismissal and issuance of a work book
Final calculation upon dismissal of internal part-time worker, as well as external, must be carried out according to the rules established by Art. 140 of the Labor Code of the Russian Federation, that is, on the last working day.
In this case, the employer is obliged to pay:
- The salary stipulated by the employment contract, in proportion to the time period worked, as well as other additional payments that may be provided for (Part 1 of Article 285 of the Labor Code of the Russian Federation).
- Compensation for vacation not used by a part-time worker (Part 1 of Article 127 of the Labor Code of the Russian Federation).
If an internal part-time worker along with an additional labor contract terminates the main one, payment must be made in full for each of the contracts.
Making an entry about part-time work in the work book
Making an entry in the work book about part-time work is not mandatory, but is possible at the request of the employee. To do this, he must contact the personnel department or accounting department at his main place of work with a corresponding application. The basis for making an entry will be an employment contract on part-time work (Part 5 of Article 66 of the Labor Code of the Russian Federation).
The work book is a form strict reporting, therefore, it must be stored at the employee’s main place of work (clause 42 of the rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225). When a part-time worker is dismissed, he is not given a work permit. The responsible employee of the organization is obliged to return it personally to the employee on the day of termination of his employment under the main contract (clause 35 of the above rules).
Thus, in order to resign on their own initiative, a part-time worker (both internal and external) must be officially employed in the organization. An employment contract must be properly drawn up with him, the duration of his work shift must be determined, and the amount of salary and other payments must be established. During the dismissal process, the employee is required to correctly fill out an application and work for the required period. The employer, in turn, must dismiss the part-time worker on the last day of his work shift, issuing an appropriate order and making a full payment.
Part-time work is labor activity, which does not last the entire working day. In this case, the employee constantly does a certain job, but his main place of work is different.
Part-time work can be internal (both jobs are in the same organization) or external ( main job in one organization, and part-time in another).
An employee who performs his job duties part-time must be officially registered for work by signing an employment contract with him, which means that part-time dismissal must occur in strict accordance with the provisions of the Labor Code of the Russian Federation.
Dismissal from a part-time job may occur for the following reasons:
- accepting a part-time position as a permanent employee;
- staff reduction;
- employee initiative;
- expiration of the employment contract;
- agreement of the parties;
- violations labor discipline leading to dismissal;
- other grounds provided for by the Labor Code of the Russian Federation.
Dismissal on the initiative of a part-time worker
Termination of an employment relationship with a part-time worker on his initiative proceeds in much the same way as the dismissal of the main employee: the part-time worker draws up a letter of resignation, after which the employer puts his resolution on it. After this, a dismissal order is issued.
A part-time worker will have to work the two weeks established by law, except for grounds that exempt him from this obligation. In addition, like the main employee, a part-time worker can agree with his superiors to cancel this two-week period or reduce it.
The day of dismissal of a part-time worker cannot be a holiday or day off, since on the day of dismissal the employee must be paid and a work book issued.
If the work book of an external part-time worker is located at the place of his main job, he must be asked to provide it against signature, and then take it to the place of dismissal to enter the necessary information into it.
When it comes to dismissing an internal part-time worker who wants to refuse additional work but remain in the main position, he needs three days before failure additional responsibilities notify the employer about this.
If the employee plans to leave both jobs by terminating his employment relationship with this employer, then he is dismissed in accordance with the general procedure. At the same time, two entries are made in the work book: first, information about the main place of work is entered, after which an entry is made regarding part-time work.
Part-time dismissal at the initiative of the employer
A frequent situation when terminating an employment contract with a part-time worker is a reduction in the number of staff of the organization. The procedure for such dismissal is no different from the dismissal of other employees: 2 months before the dismissal, the employee is informed about the upcoming layoff, an order is issued to change the structure of the organization and staffing table. A part-time employee, like other employees, must be offered available vacancies from the employer. He is also guaranteed severance pay. The order of layoffs for part-time workers does not have any differences: if a pregnant woman works part-time, she cannot be fired. The same applies to family members who are considered the sole breadwinners, and other persons established by the Labor Code of the Russian Federation.
The employer may decide to dismiss a part-time worker even if a main employee is found to fill the part-time position. This can be done even when the employment contract is concluded without specifying a validity period.
As with the main employee, an employment contract with a part-time employee can be terminated for gross or repeated violation of labor discipline, in particular, for absenteeism. It's about about a situation where an employee was absent from work all day or more than four hours. In a situation where a part-time worker’s working day lasts less than four hours, he can be fired for being absent from the workplace on a certain date. The procedure for dismissal for absenteeism is no different from the usual one and includes requesting an explanation from the part-time employee.