Answering the question how to fire external part-time worker at the initiative of the employer or internal part-time worker own will, as well as any other question regarding the dismissal of a part-time job, it should be borne in mind that the Labor Code of the Russian Federation retains all the same guarantees and compensation for part-time workers as for employees in their main job. The exception is guarantees and compensations provided to employees who combine work and study, as well as to persons working in the Far North, since they are provided only at their main place of work (Article 287 of the Labor Code of the Russian Federation).
With this in mind, when dismissing a part-time job, the employer must ensure that the same rights and guarantees of employees are observed that workers in their main job have upon their dismissal.
Order to dismiss an internal part-time job: sample
The form of the order to dismiss an internal part-time job can be developed by the employer independently, or the employer can use unified form No. T-8 (Resolution of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1). This order must contain all the same details as the order to dismiss the employee for the main job: last name, first name, patronymic of the part-time worker, structural subdivision and the position of the part-time worker, the date of dismissal, the basis for terminating the employment contract (according to the Labor Code of the Russian Federation), the signature of the head. The employee must be familiar with the order against signature. If the employee refuses to familiarize himself with the document against signature, the employer is obliged to make a note about this in the order.
Order on the dismissal of an external part-time worker. Sample
The order to dismiss an external part-time job is issued by the employer in the same form as the order to dismiss an internal part-time job, and must contain all the same details as the order to dismiss an employee in the main job: last name, first name, patronymic of the part-time employee, structural unit and position of a part-time worker, date of dismissal, grounds for termination of the employment contract (according to the Labor Code of the Russian Federation), signature of the head.
An entry in the work book about dismissal from part-time work. Sample
All entries in the work book on the performance of work on a part-time basis are made at the main place of work, and only if the part-time job requires this from the employer (part 5 of article 66 of the Labor Code of the Russian Federation). Entries are made on the basis of documents issued by the employer for whom the employee works on a part-time basis (clause 3.1 of the Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69). The section “Information about work” of the work book is filled in by the employer as follows: in column 1 the employer puts down the serial number of the entry, in column 2 the date of dismissal of the employee who worked as a part-time worker is indicated, in column 3 an entry is made about the reason for the dismissal of the part-time worker, in column 4 the employer indicates the name, date and number of the document on the basis of which the entry was made.
Dismissal of a part-time worker at his own request
When answering the question of how to dismiss an external part-time worker of your own free will or an internal part-time worker on the same basis, you must be guided general rules Labor Code on the procedure for dismissal at the initiative of the employee. A part-time worker (external and internal) has the right to terminate the employment contract on his own initiative (own will), without fail having warned his employer about this. Notification must be made by a part-time worker in writing and no later than two weeks before the termination of the contract (Article 80 of the Labor Code of the Russian Federation). By agreement with the employer, the part-time worker may be dismissed before the expiration of two weeks. When resigning from a part-time position, it is important to take into account that the part-time job may at any time before the expiration of the two-week period withdraw his own resignation letter. If, after two weeks, the employer does not terminate the employment contract with the part-time worker and at the same time the part-time worker does not insist on terminating the employment contract, then the employment contract with the part-time worker will continue.
Dismissal of a part-time worker at the initiative of the employer
To answer the question of how to dismiss an internal part-time job at the initiative of the employer or an external part-time job on the same basis, it is necessary to be guided not only by the general rules of the Labor Code on the termination of an employment contract at the initiative of the employer, but also by special rules relating only to part-time workers.
The legislation establishes a special basis for the dismissal of a part-time job - hiring an employee who will perform the work of a part-time job as the main one (Article 288 of the Labor Code of the Russian Federation). In such situations, the employer is obliged to notify the part-time worker in writing about this, and the notification must be made at least two weeks before the termination of the employment contract.
External and internal part-time workers can be dismissed by the employer on his initiative on grounds similar to those provided for by labor legislation for workers employed in their main job (Article 81 of the Labor Code of the Russian Federation):
- liquidation of an enterprise or reduction in the number (staff) of employees of an enterprise;
- discrepancy between the qualifications of the part-time job or the work performed by him (the fact of the lack of qualification is established based on the results of the certification of the part-time job);
- repeated non-performance by a part-time worker of labor duties or a single gross violation by a part-time job of his duties, namely absenteeism, appearance at the workplace in alcoholic (drug) intoxication, disclosure by an employee of secrets protected by law and other actions directly recognized by the Labor Code of the Russian Federation as a gross violation of labor duties;
- commission by a part-time worker of guilty actions that led to a loss of confidence on the part of the employer, if the part-time worker directly serviced monetary or commodity values;
- other cases expressly provided Labor Code RF (other federal laws and).
Procedurally, the dismissal of a part-time employee at the initiative of the employer will not differ in any way from the dismissal of an employee in the main job. The employer under Art. 287 of the Labor Code of the Russian Federation will be obliged to observe with respect to part-time workers all the rights and guarantees provided for laid-off workers employed in their main job.
How to dismiss a part-time worker at the initiative of the employer? This issue is directly regulated by the Labor Code of the Russian Federation and is decided depending on the type of part-time job. The procedure for dismissal and the mark itself in work book(TK) differs from the well-known break order labor agreements and documentation this fact.
Termination of an agreement
There is external and internal combination, possible only in free time. In the first case we are talking about an outsider who works in another company, but comes to you only on a part-time basis (up to 4 hours a day), in the second - about a colleague from a neighboring or the same department who agreed to take over additional responsibilities and work in your work time. Both types are drawn up by an employment contract, and in both cases, part-time dismissal occurs in different ways. This is due to the fact that the shopping mall is stored only at the place of work where the employee is registered and works full time.
The dismissal of an internal part-time worker at the request of the company is possible only if a warning is issued to him 14 days before the final termination of cooperation, with a reduction in staff - 2 months in advance. Since the shopping mall is located with the same employer, after leaving one position, he continues to work in his main place.
The management issues an order (instruction), which indicates the reason for the termination of cooperation. Upon termination of the contract, all guarantees and severance benefits apply to the part-time worker, as well as to the main employees. If we are talking about a reduction, then the company is obliged to offer the employee another position to choose from, and the part-time job can be fired only if he refused another position or the company does not have the opportunity to offer any other options.
The most common reasons for non-cooperation:
- the desire expressed by the retired person himself;
- the initiative of the authorities (for absenteeism, non-compliance, etc.);
- layoffs;
- termination of the employment contract;
- when the company moves to another region;
- hiring a person who is ready to work full time for this position;
- in connection with the closure or bankruptcy of the company.
The dismissal of an employee to reduce staff is accompanied by the payment of benefits. In fact, he is the same employee as everyone else, he simply combines several positions.
The dismissal of a part-time worker of his own free will implies notification of this to the authorities. In the period from 3 to 14 days, it is supposed to work out, unless, of course, there is no way to cancel this rule good reasons or no agreement has been reached on this issue between the superior and the subordinate. A period of 3 days is provided if the employee has not passed probation. In this case, compensation payments are not made, but the calculation is necessarily made. An entry is made in the Labor Code under the serial number and indicating the number of the director's order. If a person leaves the company and wants to be fired both in the main and in the additional position, then one entry is made - for the main position.
The dismissal of an external part-time worker is different, because the shopping mall is located in another company. Upon admission, an entry is made in it based on the application of the employee, who has also attached a certificate of part-time employment and a copy of the order for employment in another company. An employee (part-time worker), dismissed at the initiative of the second employer, must familiarize himself with the order of the management and sign it. Then he needs to come with this order and make an entry in the shopping mall in the main service.
In this case, there is a separate payment procedure. In addition to the salary, a full-fledged vacation (28 days) is laid. If it was not used (this is quite possible, because the employee already has a vacation at his main job), then compensation is paid.
Part-time and main work
The dismissal of a part-time job at the initiative of the employer, if we are talking about external part-time work, does not automatically make him the main employee in this company. To do this, you need to quit and take shape in accordance with all the rules, i.e. be accepted into the state and work not 4, but at least 8 hours a day. The employee should have an entry in the shopping mall, where the date of admission and the number of the order will be indicated. All this cannot be done if the worker is not going to leave the first job.
You can dismiss an external part-time worker by different reasons, but the most common is the hiring of a new employee who will work in this position full time. Naturally, they must pay in full to the person who combines positions and, at his request, issue copies of all the certificates he needs. On the eve of dismissal, an employee can go on vacation if he is entitled to it and coincides with the one laid down for the main position. Usually rest days are summed up and additional ones are added to them.
It is forbidden to dismiss:
- an employee who is pregnant or caring for a small child;
- single parent;
- parent of many children.
The employer may terminate the contractual relationship due to absenteeism, systematic violation of discipline, in case of non-compliance with the requirements put forward and for many other reasons. The dismissal of a part-time worker for such good reasons cannot be a reason for terminating cooperation in the main job.
The dismissal of a part-time worker at the initiative of an employee occurs in a similar way, it is simply preceded by a personal statement of intent to terminate cooperation. Like an ordinary able-bodied citizen, a combining person has the right to rest and to pay for temporary disability.
The dismissed internal contributor, as well as the external one, can appeal the fact of termination in court labor relations. If he considers the reason for the breakup illegal, he can file a lawsuit at the location of the defendant (in the district court). Status internal employee can change. If the management decides that he is more needed at the combined job than at the main one, then he can be transferred (an appropriate order is issued and an entry is made in the Labor Code). When moving to the main place, the employee will already work full time, and not 4 hours.
Part-time payouts
As we have already said, certain payments are due upon dismissal of a part-time worker. The company pays him all due earnings, compensation for vacation for all time and severance pay (in the event of closing the company or downsizing). The amount of the allowance is one salary, while for key employees average earnings kept for 2 months. Thus, internal part-time workers, who are likely to be laid off and in the main place, find themselves in a privileged position.
The situation may change if you provide the shopping mall, which indicates that the main place has been lost. In this case, the average earnings at a part-time job are saved not for one, but for several months.
The benefit is not paid if you leave of your own free will or due to the fact that a new employee has appeared who is ready to work 8 hours a day. To figure out what the amount of compensation for unused vacation will be, you can check in advance in the accounting department how many days have been used from the moment indicated in the Labor Code as a job.
Please note that there are professions, such as teachers and university teachers, for which paid, but at the same time extended vacation is provided - up to 56 days a year. And this despite the fact that it is teachers who often work part-time in one or various universities reading different disciplines.
The annual paid holidays of part-time workers coincide with the holidays for the main job. This is a legal requirement that cannot be broken. If half a year has not been worked out at the second job, then the rest can be issued in advance.
A part-time employee is an employee who, in his spare time from his main job, regularly performs some work during part-time work. The part-timer can be internal and external. At internal combination both the main and additional work are in the same company, with external part-time work, the main and additional work are in different enterprises. This article will discuss how to properly dismiss a part-time job and what nuances should be taken into account.
Grounds for dismissal
The grounds for dismissal of a part-time job are exactly the same as for the dismissal of an employee at the main place of work.
At the same time, the dismissal of an external part-time worker is absolutely no different from the dismissal of an internal part-time worker.
It is impossible to dismiss part-time workers who are on sick leave, on vacation, on maternity leave or on parental leave.
Termination of an employment contract with a part-time partner
If a fixed-term employment contract was signed with a part-time worker, then it can be terminated only after its expiration. An exception to this situation are cases where the dismissal occurs due to a violation labor discipline or upon the complete liquidation of the enterprise.
If the employment contract was signed indefinitely, then the employer has the right to dismiss the part-time employee if the main employee was found in his place. In this situation, the employer must give notice in writing no later than two weeks before the expected date of dismissal. At the same time, the employee may quit his main job, then the part-time job will be considered the main one, and the dismissal of the employee at the initiative of the employer due to the fact that the main employee has been found will be impossible.
The procedure for dismissal of a part-time worker
The procedure for part-time dismissal is no different from the procedure for dismissal of an employee at the main place of work.
A part-time worker can be dismissed of his own free will, by agreement of the parties or at the initiative of the employer (due to a reduction or change in staff).
In case of dismissal of an employee of his own free will or by agreement of the parties, the employee writes a letter of resignation, a dismissal order is drawn up, if necessary, a corresponding entry is made in the work book (if an entry was made in the work book about a part-time job. Such an entry is made according to the main place of work on the basis of relevant documents).
Part-time work upon dismissal is mandatory (except in cases where the employee and the employer have reached an agreement on the absence of work or a reduction in the period of work).
The date of dismissal of a part-time worker cannot be a holiday or a working day, even if the employee worked on that day, since on the last working day the employer must make the final settlement with the employee.
Reduction of a part-time employee
Two months before the proposed reduction, the employee must be notified of this. At the same time, an order is issued to amend the structure of the enterprise and staffing. During these two months, the employer is obliged to offer the employee other vacancies. At the same time, the proposed vacancies may have lower pay and require less qualifications from the employee. If an employee refuses the offered vacancies, then there is a dismissal due to staff reduction.
In this case, the employee must be paid a severance pay in the amount of the average monthly salary. These payments are saved for another two months, if during this period the employee cannot find a job.
When reducing part-time jobs, it should be taken into account that pregnant women, persons who are the only breadwinner in the family, trade union workers (if part-time work is related to trade union activities) cannot be fired.
Companion's dismissal order
Upon dismissal of a part-time worker, a dismissal order is issued. A part-time dismissal order is drawn up in the T8-a form, it must contain the following information:
surname, name and patronymic of the part-time worker;
position of a part-time worker;
personnel number of the part-time worker;
date of dismissal;
grounds for dismissal and the relevant article of the Labor Code;
information about the payment of compensation or deductions;
signature of the head of the enterprise;
the signature of the part-time worker that he is familiar with the order.
Vacation compensation upon dismissal of a part-time worker
When dismissing a part-time worker, it is necessary to calculate compensation for unused vacation days or deductions for overspent vacation days.
The vacation of a part-time worker must coincide with his vacation at his main place of work, therefore, sometimes there are situations that a part-time employee takes vacation in advance, in this case, upon dismissal, deductions for overspent vacation days are calculated.
If the part-time worker did not take leave at work part-time for the period of leave at the main place of work, upon dismissal, he is compensated for unused vacation.
Part-time employment is a fairly common phenomenon, and is often used by the employer in practice. Employees hired under such conditions do not work full time, but only perform certain duties at a time when they are free from their main job. Compatibility can be external and internal. In the second case, this is the main and additional work in one enterprise. Labor relations of this category must be formalized.
Registration for work and dismissal of a part-time worker
The employer should not forget that the part-time worker has the same rights as all other employees. In this regard, registration for work or his dismissal should be carried out on a general basis. The first step is carried out in three stages:
- drawing up and submitting an application containing a request for employment (an external part-time worker in the personnel department of the enterprise must provide a passport and a document on education);
- signing an employment contract (fixed-term or open-ended) by the parties;
- issuing an order stating that a person has been hired on an internal or external part-time job.
And remember that when applying, you do not need to provide an extract from the work 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 dismissal of a part-time job arises. Otherwise, the procedure will be the same as for the main employees.
The (labor) contract for part-time employees is the same as for the rest. It can be permanent or temporary. It is this point that is of great importance when dismissing. Having an urgent character, the employment contract must also have an end date - a calendar date or before a certain event occurs, for example, the end of seasonal work or repair. In the indefinite version, this should not be, it acts constantly exactly until the moment when the part-time worker is dismissed of his own free will. Let us dwell on the issues of termination of the contract (labor) in more detail.
What are the grounds for dismissal?
The answer to this question is the same - the same as for the main employees. Dismissal cannot be carried out during the period of vacation (regular or maternity, for example), sick leave. The date when the employment contract will be terminated, in this case, cannot be earlier than the end of these events. If an employee was hired for a certain period, then he can be dismissed only after its expiration 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 story.
The dismissal of a part-time worker can be made in three cases:
- at the initiative of the employer (change or reduction of the staff of the organization);
- at the employee's own request;
- by mutual agreement of the parties to the employment contract.
Voluntary dismissal
This is the right of any employee, and it must be drawn up in accordance with the legislation of the Russian Federation. The procedure is as follows: writing and filing an application, preparing and issuing an order, dismissal.
Very often, the employer raises the issue of a two-week working off. There is no such concept in the current Labor Code. The situation is as follows: the employee must notify the employer at least two weeks in advance. The period starts from the day following the submission of the application. The dismissal of the part-time worker and the main 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 the workplace within 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 and are not postponed.
Internal part-time worker: the subtleties of dismissal
The order is observed in general, but with small nuances. So, the dismissal of an internal part-time job does not mean the termination of the contract with him for the main position. Let's take a closer look. What is an internal collaborator? An employee of an organization who, in his own organization, during non-working hours, that is, free, performs any other, additional duties. Dismissal as a part-time job is done by order with the obligatory indication of the reasons and grounds. The main position is not affected, it is retained by the employee. The reverse situation is also possible. In any case, an order must be issued for each of these actions.
Reduction of a part-time worker
Guarantees of labor rights are provided to employees on a par with the main employees, but duties too. Legislatively, the possibility of reduction is not excluded. Compliance with the established order is mandatory for execution. The dismissal of an external part-time job and an internal one for staff reduction is similar to that procedure in relation to the main employees. Namely, the employer is obliged to notify 2 months in advance that changes will be made to the staffing table of the organization (an order is issued about this). During this period, until the day of dismissal, the part-time job should be offered other vacant positions, if any. Free vacancies can be with lower pay, not so interesting and prestigious. You can refuse them, and then the dismissal of the part-time worker to reduce the state within the prescribed period is issued. severance pay is accrued in the same way as for the main employees: when calculating (average monthly earnings) and for another two months if the person does not find a job during this period.
It is important to know that when reducing, there are no differences between the main employee or part-time worker, and discrimination of rights according to this principle is illegal. This assertion is confirmed and judicial practice. You can always file a complaint if you think 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 of the internal labor regulations of the institution. Modern labor legislation provides for three types disciplinary action: dismissal, reprimand, remark. All of them can be applied, the main thing is to follow the procedure and deadlines (fixing 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 is found in his place, for whom this particular job 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 job 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 in the event that the employer does not wish to extend it.
Calculation of severance
Regardless of the reasons for dismissal, the employee must be calculated on the day of his dismissal. Payments include wage, compensation provided for by the collective and labor agreement 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 the main employees. True, there are small nuances regarding the annual main vacation. Let's dwell on this issue separately.
Vacation compensation
The legislator 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 worker upon dismissal. If there was an advance payment, then a deduction will need to be made for the overused days of the required annual rest. You can not take vacation at an additional place of work, but take only monetary compensation - this is the right of the employee.
Sample letter of resignation
NOTIFICATION
about termination of the employment contract
Dear Felix Petrovich!
We hereby inform you that, in accordance with Article 288 of the Labor Code of the Russian Federation, the employment contract No. 41 dated December 31, 2013, concluded between you and Vasilek OJSC, will be terminated on January 17, 2016 in connection with the employment of an employee for whom this work will be the main one.
General manager
JSC "Vasilek" /Signature/ V. V. Vasiliev
How to write an order for the dismissal of a part-time worker?
This document is filled out in the prescribed form, which should be in every personnel officer. Below is a sample of the dismissal of a part-time job in terms of some of the 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 the admission of an employee for whom this work will be the main one). Below, in the line "Basis (document)", the notification that was sent to the part-time job and the employment contract (date and number) are indicated. It is important to familiarize yourself with the order former employee within the stipulated time - 3 days from the date of its publication.
Employment book: what to write?
Entering information about part-time employment is carried out at the request of the employee at the main place of his work. But first of all, you need to write to the name of the boss personnel service or a specialist responsible for maintaining work books, a statement. It is written in free form. Approximately in 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 an external part-time job is being issued, you need 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, ask the personnel department for a certificate confirming the part-time job. It must be signed by the head.
If there is a dismissal of a part-time job (internal), then an entry about this should also be made in the work book, the seal and signature of the responsible person are not put. This does not apply to the main position of the employee.
In the case of external combination, difficulties sometimes arise. Let's look at two situations. The first is when an employee leaves the main place and gets a job in another organization, where he was a full-time part-time job. In this case, the procedure will be as follows:
- resign from the main place and make entries in the work book;
- resign from a part-time job, while an order is issued that must be submitted to the main job and on its basis an entry will be made in the work book;
- drawing up an application for employment and issuing an appropriate order.
The second common case is dismissal from the main place of work, but part-time work in another organization is preserved. Then only one entry is made in the workbook. If in the future a person decides to resign from a part-time job, then the organization in which he gets a job as a main employee will make a record of this.
The issues of part-time work in practice are extremely confusing. Therefore, it is so important to follow the procedure and rules for registering such an employee from the very beginning. Terms, grounds and compensation for the dismissal of a part-time job are the most common causes of disagreement. Prepare the documents correctly, this will help to avoid misunderstandings and possible litigation.
Does the employer have the right to dismiss a part-time worker without his consent in the absence of organizational, staff changes, guilty actions on the part of the employer?
I work as an internal assistant. The new boss believes that all his employees should work only for a rate in order to fully devote themselves, so to speak, to work. In this regard, I was invited to a personal conversation with the boss, where I was told that from February 01 of this year, an additional burden was removed from me.
Today is February 1st. I have not yet signed any dismissal order, but still I have a question, can a part-time worker be fired without his consent? I did not commit any guilty actions, I do my work in good faith, I have no disciplinary sanctions.
Of course, the employer can terminate the employment relationship with the part-time worker on his own initiative. But for this there must be sufficient grounds provided for by the Labor Code. Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation).
In what cases can a part-time worker be fired without his consent?
Termination of an employment contract with a part-time worker, in the absence of consent on his part, is possible both on general and additional grounds.
The general grounds on which a part-time worker can be fired without his consent include:
- The cases under Art. 81 of the Labor Code of the Russian Federation "". For example, a reduction in staff or headcount, an employee’s inconsistency with his position, a single gross violation of labor duties by an employee, and so on.
- Fact (Article 71 of the Labor Code of the Russian Federation).
- Additional grounds established for (Article 336 of the Labor Code of the Russian Federation).
- Other additional grounds for termination of labor relations with representatives of a particular profession. These grounds are established by federal laws regulating activities in a particular area. For example, for non-medical use of narcotic substances, it can put an end to the career of a pilot or sailor.
An additional basis on which a part-time worker can be dismissed without his consent is established by Art. 288 of the Labor Code of the Russian Federation. Labor contract with a part-time job may be terminated in case of hiring an employee for whom this work will be the main one. The part-time worker must be notified of this at least two weeks before the termination of the employment contract.
Summarizing
They can dismiss a part-time job without his consent, but this requires the existence of circumstances directly established by labor legislation. Unfortunately, employers are often confused, therefore they believe that “to remove part-time employment” it is enough to warn the employee about this fact. Incorrectly applying Part 4 of Art. 60.2 of the Labor Code of the Russian Federation, in accordance with which the employer can cancel the order to fulfill additional work by notifying the employee in writing no later than three working days before