How to fire an internal part-time employee at your own request. Dismissal procedure for internal part-time work

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

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

Dismissal of an internal part-time worker

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

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

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

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

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

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

Dismissal of an external part-time worker

The procedure is identical to that described above. If you need to enter information about the termination of the work process in the work book, you should obtain certified copies of the dismissal documentation from your place of employment and transfer them to the personnel department of the main employer. This documentation will allow you to record the fact of termination of part-time employment.

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

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

Dismissal of a part-time worker at will

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

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

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

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

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

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

The employer is obligated to inform the part-time worker about the upcoming event; the code defines a warning period for each reason. For example, upon dismissal under Article 288. The warning period is 2 weeks, in case of liquidation of the company or reduction in the number of personnel - 2 months.

It is necessary to have a timely warning to the part-time worker through a written document. If it is not possible to personally deliver the notification documentation, you can send it by mail and receive a notification that the letter has been delivered to the addressee. It is important to obtain the signature of the dismissed part-time worker on the warning form. This signature is for informational purposes and serves as confirmation of the employee’s awareness of the upcoming event, which indicates that the employer has performed the actions provided for by the Labor Code of the Russian Federation.

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

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

The order states :

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

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

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

Payments to a part-time worker

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

The following are subject to payment:

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

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

Payment of compensation

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

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

Severance pay

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

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

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: a part-time worker is the same employee as everyone else, therefore his hiring and dismissal take place on general principles. 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;
based on employment contract an order or instruction is issued for the enterprise regarding the hiring of part-time employees.

The external part-time worker must also provide the HR department (or the head of the enterprise, if we are talking about a small organization) with a passport and, if necessary, educational documents. U internal part-time worker the necessary package is already 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. It could be:

urgent - that is, to act until a specific date or until the end/beginning of certain events (for example, until an employee returns to work or repair work is completed 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 there is a violation of 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:

By at will;
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 order for the enterprise is drawn up, and, if necessary, a corresponding entry is made in the work book - in the event that there was a note about 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 necessary documents, and the accounting and HR departments are unlikely to work on days off.

Retrenchment of a part-time employee

Reduction of a part-time worker (external or internal) also occurs on a general basis. Two months before the expected layoff, the employee is notified about 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 well take vacation days from 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 at internal part-time job 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 from an internal part-time job does not mean his dismissal from his main position.

Dismissal of an internal part-time worker

In order to understand the features of dismissing an internal part-time worker, you need to consider what constitutes an internal part-time job. An internal part-time worker can be the main employee of an organization who performs additional work at the same enterprise in his free, 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 general reasons for dismissing an internal part-time worker and 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, due to layoffs, etc.);
when an employee is transferred or moved on his own initiative, for example, to another enterprise, or to an elective position that does not imply the possibility of part-time work;
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 main employee is hired for this position, which he occupies as a part-time worker. You cannot fire a pregnant employee who works part-time for this reason. Until the end of pregnancy.

If a part-time worker was hired under a fixed-term employment contract, when there is no need for the main employee, for example, for work related to seasonal work at the enterprise, or to perform work strictly defined by the employment contract, the employment contract with him is terminated, which is recorded 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 that key 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, an 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, under an employment agreement, performs part-time labor functions, despite his desire, 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 labor functions assigned to him by internal part-time work), dismissal from the position of an internal part-time worker for absenteeism is allowed.

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 from an internal part-time job does not mean his dismissal from his main position.

Dismissal of an internal part-time worker

Reasons for dismissal of an internal part-time worker

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, due to layoffs, etc.);
when an employee is transferred or moved on his own initiative, for example, to another enterprise, or to an elective position that does not imply the possibility of part-time work;
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;

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, about which a record is made to work. At the same time, the employee continues to work at his main job.

The procedure for dismissing an internal part-time worker

Internal part-time workers, like external 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.

Features of dismissal of an internal part-time worker

p>The law does not exclude the possibility of dismissing an internal part-time worker for violating 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.

A part-time worker is an employee who, in his free time from his main activity, performs the duties of another employee.

Implies the execution of the main and extra work in one organization, while the number of part-time jobs is not limited by law.

The labor activity of internal part-time workers is characterized by a special procedure for their hiring, registration for a position and dismissal, in accordance with the Labor Code of the Russian Federation.

However, the rights of a part-time employee regarding termination labor agreement must be observed in in full. The point is that the dismissal of employees who are on sick leave, maternity leave, or parental leave impossible! In such cases, the date of dismissal may be the day the employee returns to work, but not earlier.

Labor Code The Russian Federation defines 2 types of contracts concluded with internal part-time workers: and. The procedure for dismissing an employee will depend on the type of employment agreement.

When concluding a fixed-term employment agreement, an employee can be dismissed only after its termination.

Of course, gross violations of discipline or closure of an enterprise are valid reasons for termination fixed-term contract.

Termination of an open-ended employment contract is possible for a number of reasons. The first of them is hiring a permanent employee for a part-time position. In such a situation, it is necessary to notify the employee no later than 14 days before the planned date of termination of the employment contract.

It is necessary to take into account important nuance: if at the time of dismissal of an employee from a combined position, he manages to terminate the contract for his main employment, then the combined position becomes the main one and dismissal in connection with the hiring of a permanent employee becomes impossible.

Reasons for dismissing internal part-time workers

An internal part-time employee may be dismissed for the following reasons:

At the personal request of the part-time worker;
Due to the hiring of a permanent employee for a combined position;
In connection with;
By reduction, if the manager decides to abolish this position.

If everything is clear with dismissal at the initiative of the employee himself, then termination of the contract at the request of the manager requires explanation.

Dismissal in connection with the hiring of a permanent employee is regulated by Article 288. Labor Code of the Russian Federation. According to it, the procedures for dismissing and hiring employees must be completed on the same day, i.e. the corresponding orders must be dated on the same day. In this case, the consent of the dismissed part-time worker is not required; the only requirement is to notify him 14 days in advance of the termination of the concluded contract, indicating the reason for this action.

Dismissal of a part-time employee due to gross violation of discipline is carried out on a general basis.

To terminate the contract for this reason, the fact of violation of discipline must be documented by the members of the special commission in the form of an act. Then the violator should be required written explanation and in the absence of a valid reason, carry out the dismissal procedure.

Reduction of a position occupied by an internal part-time worker is also carried out on the same grounds as are common to all, with mandatory warning to the employee of the upcoming dismissal 2 months in advance. It is worth noting that termination of the contract due to the liquidation of a staff position is impossible in relation to the following categories of citizens: pregnant women, members of trade unions and others provided for by the labor legislation of the Russian Federation.

Registration procedure

As mentioned above, the rights and responsibilities of internal part-time workers must be implemented in full. We are talking about the rights of a part-time worker to annual paid leave, sick leave, as well as monetary compensation and various social guarantees upon dismissal.

If an employee has decided to resign from additional position, if he wishes to limit himself to his main employment, he needs to write a corresponding statement, sending it to the manager two weeks before the desired date of dismissal.
After writing the application, the employee is obliged to work in his position for 14 days, however, by agreement with the employer, the period of service can be reduced or canceled altogether. Also, a part-time employee has the right to go on paid leave before dismissal, combining the remaining days of rest from the main and additional positions.

Employee payments

It is necessary to calculate the dismissal of a part-time worker on his last working day. The final payment includes:

wages for the period worked;
severance pay (if determined by labor legislation);
other compensation provided for by local regulations of the enterprise.

Paid leave compensation is due to all dismissed employees, regardless of who exactly initiated the termination of the employment agreement.

To determine the amount of compensation, it is necessary to multiply the average daily earnings for the last working year by the number of vacation days not taken off.

Payment of severance pay to a dismissed part-time employee is made in the following cases:

: one average monthly salary upon dismissal and two more salaries upon subsequent employment within three months after termination of the contract.
: The payout amount is the same.
Availability of conditions provided for in Article 178. Labor Code of the Russian Federation: average earnings for two working weeks.
Other situations, in accordance with the internal regulations of the enterprise.

Features of dismissal of protected categories of workers

Labor legislation The Russian Federation guarantees certain categories of the population special conditions of registration for work, labor and dismissal.

Mothers who are on maternity leave to care for a child under 3 years old, mothers of young children (under 14 years old), minor disabled children and minor citizens have certain advantages.

The following rule applies to protected categories of citizens: their dismissal at the initiative of the manager is unacceptable, no matter whether they are part-time workers or work full time. By the way, part-time work for minor workers is illegal in principle!