When terminating an employment relationship with an employee who combines two or more positions, in order to avoid any mistakes and legal disputes, the employer needs to take into account the specifics legal status such enterprise employees. In this article we will try to figure out how to properly fire a part-time employee.
Part-time work is the performance by an employee of another paid activity with the signing of an employment contract in free time from the main job. An important point is that it is allowed to sign employment agreements regarding simultaneous work in two or more places, with an unlimited number of employers. In other words, part-time work is quite known species additional employment.
How to properly fire a part-time worker is described in the Labor Code of the Russian Federation. In Art. 77 of the Labor Code of the Russian Federation sets out general reasons relating to the termination of labor relations, and Art. 288 describes additional reasons for terminating an employment agreement with part-time employees.
The procedure for dismissing a part-time worker
A part-time employee is definitely exactly the same employee as the main employee, and therefore the procedure for his dismissal should be absolutely the same.
There are three options for terminating an employment relationship with an employee:
- based on your own desire;
- thanks to the agreement of the parties;
- based on the initiative of the employer.
If a person who combines several jobs quits based on his own desire, then the first thing he needs to do is write a letter of resignation. Based on it, the manager prepares an order for the company. At the same time, the resigning employee must work the required two weeks before leaving.
In the second situation, termination of an employment contract by a part-time worker is carried out as follows:
- he writes a letter of resignation from combining several official duties at the same time and, together with the employer, signs an agreement;
- the manager issues an order to the institution to dismiss such an employee;
- If necessary, a note is made in the work book.
How to fire a part-time worker without his consent
Termination of an employment contract with an employee combining different positions without his consent is possible at the initiative of the employer in the following cases:
- upon acceptance to workplace occupied by a part-time worker, the main employee;
- completion of the employment agreement – in case of a fixed-term employment contract;
- upon reduction or liquidation of an organization (enterprise);
Reception of the main employee
Typically, a person who performs several official duties is enlisted through circumstances forced by the institution. This occurs in cases where the company does not have a full-time employee. However, when the company finds the right employee, it has to dismiss the part-time employee in connection with the hiring of the main employee. In order for this to be organized correctly, two conditions must be adhered to:
Termination of an employment relationship with a person who works in addition to the main service, when another employee is assigned to this position, for whom this work will be the main one, is, in fact, the initiative of the employer and, as mentioned earlier, such dismissal of a part-time worker is described in Art. 288 Labor Code of the Russian Federation.
It should be remembered that dismissal external part-time worker in connection with the hiring of the main employee, it must be accompanied by an order from the organization regarding dismissal (form T8-a).
Completion of an employment agreement with a part-time worker
An employment contract with a person working in several positions is of two types - fixed-term and indefinite. When drawing up a fixed-term employee, the employee is expelled strictly upon expiration of the term (indicated in the contract; liquidation of the enterprise or violation of discipline is not taken into account).
Because if an open-ended contract is signed, as mentioned earlier, then the employer has the right to fire the specialist when the main employee is found to replace him. Just don’t forget that the manager is obliged to send a notification to writing no later than 2 weeks before the specified date of suspension.
Dismissal under Art. 288 of the Labor Code of the Russian Federation will be correct if labor contract with an official working in several institutions or several positions, was previously concluded for an indefinite, unknown period.
p>However, do not forget about general rules termination of employment relations. An employer must not dismiss an employee who is a part-time worker during the period of vacation or illness.
Dismissal of an external part-time worker during layoffs
The reduction of a part-time employee is similar to the reduction of the main employee, because he has the same rights and social guarantees. The reduction of an external part-time worker occurs in the same way as the reduction of an internal one. Exactly 2 months before the removal, the employer is obliged to notify the part-time worker. An order is then issued regarding changes in the structure of the institution. Before you cut executive who works at an enterprise other than the main one (during these 2 months), the manager needs to offer him free vacancies, and if the part-time worker refuses, then he is fired due to staff reduction. Also, an employee who works part-time is required to pay severance pay in the amount of average monthly wages(payments are retained for him for a maximum of 2 months if he does not find a job during this time).
How to fire a part-time worker at the initiative of the employer? Are there any grounds for this other than those listed in Art. 80 Labor Code of the Russian Federation? Read about everything in our article
Read our article:
How to fire an external part-time worker at the initiative of the employer: Article 288 of the Labor Code of the Russian Federation
Some employees may avoid serving notice in the belief that it will prevent them from being fired. However, it is not. If he refuses to receive the document, it can be read out orally in the presence of several witnesses. A note about this is placed on the employer’s letterhead with the signatures of witnesses.
If it is impossible to carry out the above actions, a notification may be sent to the part-time worker by registered mail with acknowledgment of delivery and a description of the contents. Moreover, by the notice period of 14 calendar days It’s worth adding the deadline for sending the letter and a couple more days “in reserve.” Since correspondence may be delayed or the letter may not be received immediately. And with this method of notification, the countdown of the period begins from the moment the letter is received.
Step 2. Issuing an order to dismiss a part-time worker (a sample will be given below). The order is issued on a unified T-8 form or on a form approved by the company (since January 2013, the mandatory use of unified forms personnel documents the federal law dated December 6, 2011 No. 402-FZ “On Accounting”).
The reason for termination is indicated in the document - employment of the main employee and a link is given to Article 288 of the Labor Code of the Russian Federation.
Step 3. Issuing a certificate. At the request of the employee, information about part-time work may be entered into the work book. But only the employer at the main place of work can do this. Therefore, at his request, the dismissed person must be given:
- a certificate indicating the dates of admission and dismissal, order numbers, as well as position and structural unit;
- a copy of the employment order;
- a copy of the dismissal order.
Step 4. Final settlement and payment of amounts due. The dismissal of a part-time employee at the initiative of the employer does not imply payment of severance pay. Payments are the same as if he left at will, namely:
- unpaid wages for hours worked;
- accrued awards and bonuses;
- compensation for unused vacation.
Dismissal of an internal part-time worker
Dismissal of a part-time worker at his own request
Such dismissal occurs on a general basis with a two-week working period. The launch of the procedure begins from the moment the application is submitted to the manager.
By agreement, the period of work may be reduced or it may be canceled completely. It is also possible to replace it with a vacation. The employer decides whether to provide such an opportunity to a part-time worker or not.
Labor legislation regulates the special procedure for the work of part-time workers, their hiring, registration, and dismissal. There are several reasons for terminating an employment contract with such an employee at an enterprise: his own desire, agreement of the parties, as well as dismissal related to the initiative of the enterprise. The dismissal of a part-time worker at the initiative of the employer must take place exactly in accordance with the specified provisions of the law, taking into account the specifics of the job - internal or external part-time work. It is extremely important to adhere to the procedure established by law, since, most often, dismissal occurs with violations, which leads to legal proceedings.
For example, with internal part-time work, the peculiarity is that the work book is stored at the same enterprise. Accordingly, this employer is responsible for entering information about the work of this employee into it. In addition, when resigning from a part-time position, he does not lose the main position in which he is registered in the same company. And vice versa, having quit his main job at this enterprise, he does not lose the second position, which he performed in his free time.
Cases of dismissal of a part-time worker
A specialist who works in his free time from his main job can be dismissed from his position on the following grounds:
- At the initiative of the employee himself;
- Due to the hiring of a key employee for this position;
- In connection with the liquidation of the enterprise;
- If his health condition does not allow him to work in this place;
- By reduction, if the employer has decided to reduce this position.
These are the main situations when an employee working part-time can be fired, as evidenced by common practice. If we summarize all the above circumstances, then there are reasons initiated by the employer, and there are situations in which the employee wants to resign himself. He can also be dismissed on the grounds set out in Article 77 of the Labor Code.
Let's consider how, and in what cases, employment contract with a part-time worker is terminated at the initiative of the enterprise.
Hiring a key employee
The dismissal of a part-time worker when hiring a main employee is regulated by the provisions Labor Code RF, and is an additional basis for termination of employment relations with employees. That is, in addition to the main reasons for termination of a contract, dictated by Article 77 of the Labor Code of the Russian Federation, there is also Article 288, which allows you to dismiss an employee if the main specialist is hired for this place of work.
But the justification for termination of the employment contract under Art. 288, is the fact of hiring a main employee to this position. Confirmation of such an appointment may be an order that is issued simultaneously with the order to dismiss the part-time worker. These orders must be dated, preferably on the same date, so that both hiring and dismissal occur according to the law.
The same provision of the article obliges the part-time worker to be notified of the impending termination of the employment contract and the reason for dismissal, two weeks before issuing the order. Of course, here the employee’s consent is not necessary, since it is the employer’s right to hire the employee for whom this position will be the main one. The law does not indicate which part-time worker can be fired under this formulation, internal or external. There is only a certain nuance: when an internal part-time worker is fired, he leaves this position, but remains in his main position, at the same enterprise. An external part-time worker leaves his place of work, remaining an employee of a completely different enterprise.
Another nuance that is incomprehensible to many personnel officers is what to do with an internal part-time worker when he quits his main position, but remains in a second one. After all, an employment contract must then be concluded with him. But such a conclusion does not happen automatically, and one must adhere to the rules and regulations of the law. In particular, one thing remains clear and unchanged - it is impossible to terminate an employment contract with a part-time employee due to the hiring of a main specialist for this position if he was fired from the same enterprise as the main employee. First, you need to offer this job to him as the main one, and then offer this position to other specialists.
Dismissal for violation of labor discipline
In addition to the fact that an employee can be dismissed at the initiative of the enterprise if a main employee is hired in his place, the law also establishes general grounds for the dismissal of a part-time worker, among which can be identified violation of labor discipline. For example, absenteeism, showing up at work while drunk, systematic failure to comply labor responsibilities, may serve as a reason for parting with an employee of the enterprise.
The dismissal of a part-time worker at the initiative of the employer for absenteeism occurs in the same manner as for main employees. The only difference is that the work book of an external part-time worker is located at another enterprise, in which he is considered the main employee, and it is the main employer who must enter into it information about the termination of the employment relationship. Moreover, according to the opinion of the Plenum Supreme Court Russian Federation, it is possible to fire a part-time worker for absenteeism, but the burden of proving the legality of such an act lies with the employer.
First of all, it is worth finding out the reason for the employee’s absence from the workplace. Although, the fact itself must be recorded in writing in the form of an act of the created commission, which is formed on the basis of a report from the immediate superior of such a specialist. The act indicates that a certain employee was absent from the workplace for a shift (after all, most often work time part-time does not exceed 3 hours). And failure to show up for a shift, regardless of its duration, is also considered, by law, absenteeism.
After the employee appears, you should require an explanatory note from him, in which he must indicate the reason for his absence from work. If he refers to the validity of such a reason, then you need to request supporting evidence from him, for example, a certificate from the hospital, or from the police if he was involved in an accident. If the reason is revealed to be unjustifiable, immediate dismissal must be carried out, since the Code sets deadlines for bringing to disciplinary liability.
Staff reduction
Employees working part-time at an enterprise may have their employment contracts terminated due to a reduction in the number of staff or structural units. In this case, he will have to receive severance pay as a compensation payment in the amount of average monthly earnings.
p> Most practitioners argue about whether it is necessary to maintain the average monthly salary for such an employee, as required by the Labor Code. Some argue that it is necessary, because the law establishes the same rights and guarantees for part-time workers compensation payments. But others believe that this is not necessary, since he is already employed at his main place of work. What happens? Should he maintain his average monthly earnings for the next two months or not?
Judicial practice confirms the employer's right not to pay him the average monthly salary for another two months if he has a main place of work. If, by the time the employment contract is terminated, the employee does not have another position, that is, remains unemployed, then he must receive not only severance pay, but also the average monthly salary for two to three months before his employment.
Registration of dismissal of a part-time worker
The procedure for terminating an employment contract is slightly different from general topics that the work book is kept at another enterprise in which he is listed as the main employee. Therefore, a completely reasonable question arises: who should fill out the work book when a part-time worker is dismissed.
Registration takes place at the main place of work, taking into account the fact that the employee in whose employment record is made must bring a document that confirms the dismissal, indicating the reason and justification for termination of the employment contract. It turns out that the dismissed person needs to bring a copy of the order or a certificate from the enterprise, which will contain the wording and a reference to the norm of the Labor Code of the Russian Federation regulating the basis for terminating the contract with the employee.
The company where the part-time worker worked was entrusted with the obligation to correctly complete the basic documents and complete everything on time necessary calculations, pay them in a timely manner and issue the requested certificates. The dismissed employee receives compensation for unused vacation along with his salary, regardless of the reason for leaving his position. But in case of staff reduction or liquidation, he must also receive severance pay in the amount of no less than the minimum established by law
A part-time employee is a part-time employee who regularly performs additional duties in his free time from his main job. Part-time work can be internal (both the main and additional jobs are in the same enterprise) or external (the main job is in one enterprise, and the additional one is in another). According to the law, citizens can have as much additional work as they want (with a reasonable time limit, of course). And most importantly, part-time work must be just as formalized as the main job. This article will talk about how to fire a part-time employee, how to do it correctly and what nuances need to be taken into account.
Hiring and dismissing a part-time worker
The most important thing that an employer needs to remember is that a part-time worker is the same employee as everyone else, so his hiring and dismissal occur on a general basis. Registration of a part-time worker for a workplace is carried out in several stages:
- a corresponding statement is written;
- the parties sign an employment contract;
- on the basis of an employment contract, an order or instruction is issued for the enterprise on hiring part-time work.
The external part-time worker must also provide the HR department (or the head of the enterprise, if we're talking about about a small organization) passport and, if necessary, educational documents. The internal part-time worker already has the necessary package at the enterprise. No extracts or copies from the work book are required when applying for a job.
From all of the above Special attention attention should be paid to the employment contract, since it is this that influences dismissal from part-time work. Otherwise, the procedure for dismissing a part-time worker (internal or external) and main employees is the same.
Employment contract
A part-time employment contract is drawn up in exactly the same way as a regular one. He can be:
- urgent – that is, to act until a specific date or until the end/beginning of certain events (for example, before an employee returns to work or the end of repair work in full);
- unlimited - that is, without specifying deadlines (valid continuously, until the employee decides to terminate labor Relations with the employer).
It is the term of the employment contract that affects the dismissal of a part-time worker. Let's look at these questions in more detail.
Grounds for dismissal
The dismissal of a part-time worker (internal or external), as well as of main employees, occurs on a general basis. According to the law, employees who are on sick leave, vacation, maternity leave, or child care cannot be fired. The date on which the employee was fired cannot be before date his return from vacation or termination of sick leave.
Fixed-term contract
If a fixed-term employment contract has been signed, the employee can be fired only upon expiration of its term and not earlier (we are not currently considering cases where a violation occurs labor discipline or complete liquidation of the enterprise).
Permanent contract
If an open-ended employment contract is signed, the employer has the right to dismiss a part-time worker if a main employee is found in his place. In this case, notice of dismissal is sent in writing no later than two weeks before the expected date. In this case, the employee may have time to resign from his main place of employment, then the part-time activity will be considered the main one - even with part-time work - and the dismissal of the part-time worker at the initiative of the employer in connection with the hiring of the main employee can no longer be carried out.
Dismissal procedure
Since a part-time worker is a full-fledged employee like everyone else, he can be fired:
- at your own request;
- by agreement of the parties;
- at the initiative of the employer (to reduce or change staff).
In the first two cases, everything is quite simple: an application for part-time dismissal is written, an order or instruction for the enterprise is drawn up, and, if necessary, a corresponding entry is made in work book– in the event that there was a mark on being hired for a part-time job. Such records are kept at the main place of work on the basis of relevant documents.
At your own request
Dismissal of a part-time employee at his own request occurs in the same way as the main employee: a statement is written, an order for the enterprise is prepared, the employee works the required two weeks. Working off a part-time job is mandatory, unless, of course, the employee has agreed with the employer to shorten the working period or cancel it altogether.
The date of dismissal cannot fall on a holiday or day off, even if the person worked on that day - after all, the employer must make the final payment and formalize Required documents, and the accounting and HR departments are unlikely to work on days off.
Retrenchment of a part-time employee
Reduction of part-time employees (external or internal) also occurs on a general basis. Two months before the expected layoff, the employee is notified of this, an order is issued to make changes to the structure of the enterprise and staffing table(about staff reductions). During this time, the employer is obliged to offer other vacancies. At the same time, these job options may pay less well, be less interesting and require lower qualifications - often employers specifically take such measures if for some reason they need a reduction.
If an employee refuses the offered vacancies, he is dismissed due to staff reduction. In this case, severance pay must be paid in the amount of the average monthly salary, and these payments are retained by the employee for a maximum of two months, if during this period he is unable to find a job.
When dismissing a part-time worker, you must also take into account that it is impossible to lay off pregnant women, family workers who are the only breadwinners, trade union workers (if the part-time job is related to trade union activities), as well as other categories of workers listed in the legislation.
Order to dismiss a part-time worker
When a part-time worker is dismissed, an order is issued for the enterprise. An order for part-time dismissal is drawn up in form T8-a. This document must contain:
- last name, first name and patronymic of the employee;
- job title;
- Personnel Number;
- date of dismissal;
- grounds for dismissal and the corresponding article of the Labor Code;
- information about payment of compensation or deductions;
- signature of the head of the enterprise;
- signature of the part-time worker indicating that he has read the order.
An order for the dismissal of an internal part-time worker is no different from an order for the dismissal of an external one - these features are not recorded in the document.
Vacation compensation
Before dismissing an internal part-time worker, it is necessary to calculate compensation for unused vacation days or deductions for overused vacation days. Since the part-time worker’s vacation must coincide with his vacation at his main place of work, he could easily take vacation days at his part-time job in advance, so when he is fired, the appropriate amount must be withheld. An employee may not take leave from a part-time job during his main leave - in this case, unused days are compensated.
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 an employee dismissed at his own request can 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 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 the organization who performs extra work at the same enterprise during free, non-working hours. 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 accepted for the position of a part-time employee internally, the number and date of the order on the basis of which the employee has been accepted 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 of the Labor Code. A part-time employee working under an employment contract at an enterprise can be dismissed on the following grounds:
- at the request of this internal part-time worker, remain only in the main position;
- by agreement between the employer and part-time worker, by drawing up an agreement in writing;
- 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;
- by order of the manager (there must be legitimate reasons for this, for example, absenteeism, violation of labor discipline, liquidation of the enterprise, or structural unit, where the part-time worker works, by reduction, etc.);
- when an employee is transferred or transferred on his own initiative, for example, to another enterprise, or to an elective position that does not imply the possibility of part-time work;
- if the part-time worker refuses to continue working in this position due to some changes: for example, in the organizational form of the enterprise, change of management, change of terms of the employment contract, etc.;
- 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;
- when the employer moves to another locality, if the part-time worker also refuses, he is transferred to another locality;
- under the circumstances specified in Art. 83 TK;
In addition to the indicated grounds, an internal part-time worker is dismissed if the company hires a main employee 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 in the employment contract. 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 ones, 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 the 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 sum up the vacation simply by adding it up 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.
A part-time worker can only be considered an employee who has his main place of work, 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 his free time, according to 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. Quite an interesting case of 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.