Dismissal of a part-time employee. Is it possible and how to dismiss a part-time worker at the initiative of the employer

How to fire a part-time worker without his consent? In modern labor legislation, there are quite a lot of various rules and regulations regarding the employment of a person and his subsequent dismissal from the workplace. In this process, it is necessary to comply with all the rules of modern legislation, take into account its specifics and subtleties. In the future, all this will help to avoid unnecessary and unpleasant litigation that takes precious time and money. In this case, we will talk about how to dismiss a part-time employee. This business has its own peculiarities and subtleties that you need to know before saying goodbye to an employee.

Collaboration in the workplace

Part-time employment in labor legislation implies a situation where one employee of an enterprise occupies several positions at once in a working enterprise. Such work, as a rule, is carried out in their free time, and payments for the work done are made in a separate order.

In principle, an employee can have such combined employment as much as he likes, provided that certain time frames are observed. You also need to rest. The travel time from home to the workplace is taken into account, including everything should have a reasonable framework. The most important thing is that part-time work must be formalized in accordance with all the rules of labor legislation. The combination agreement must be drawn up separately from the main agreement between the employer and the employee. The part-time worker enjoys the same rights as the rest of the employees in the enterprise. This is the basic rule. And this applies to all part-time workers, which can be both internal and external.

For this reason, part-time hiring and dismissal of an external part-time worker occur on a general basis. The process is divided into three stages:

1. The part-time worker writes an appeal to his employer with a request to take him to work part-time. Such an application must be made in writing, in compliance with all the rules and regulations that are attached to the standard employment.
2. The employer and the employee sign an appropriate agreement, according to which a new relationship arises between the employer and the employee.
3. On the basis of a written agreement concluded, an order or, in other cases, an order for employment in the form of a part-time job is issued.

In the case of admission to workplace external part-time job, then the person who wrote the application for this form of employment must provide at the disposal of the personnel department or the head of the enterprise a document proving the identity of the applicant, as well as all Required documents, indicating the presence of education and any experience. The internal part-timer does not need to do this. All documents are already on the basis of the enterprise. In all other respects, the status of a part-time worker is no different and is not inferior to the status of other employees, their rights are not limited or infringed by any rules. But the termination of the contract with a part-time employee still has a number of differences from the standard dismissal of employees.

Dismissal of a part-time employee

Although the procedure for terminating the contract is no different from how it happens in the vast majority of cases, it is worth paying attention to the employment contract itself, without missing any details. The concluded employment agreement has an impact on the procedure for dismissing an employee, regardless of whether the initiative comes from the employee or the employer.

The dismissal of an internal part-time worker occurs in the same way as the termination of the contract with an external part-time worker. There are no differences between the two procedures. Since the contract for work in the status of a part-time worker is drawn up in the same way as any other standard contract for employment, it can be concluded for any period. Basically, part-time workers are hired for a certain period until the main employee leaves a vacation or recovery. In some cases, we are talking about hiring an employee on an indefinite basis. Then the contract will be valid until one of the parties wishes to terminate it. It is the issue of the term that most of all affects the process of dismissal of an employee working in a state of combination.

On this moment there are several basic rules for the dismissal of persons working in the status of a part-time job, in case of conclusion fixed-term contract about hiring in the following form:

1. You can always reduce a part-time job without exception on a general basis. And it doesn’t matter at all whether this happens externally or, on the contrary, internally.
2. There are a number of rules on how to dismiss a part-time job without his consent and at the initiative of the employer. He has the right to terminate the agreement at any time, with the exception of situations when the person hired for work is on vacation, on sick leave, during pregnancy or to care for a young child. In these cases, dismissal is not feasible.
3. The date of dismissal of persons working in combination cannot precede the date the main employee enters work. If the employment contract is signed in urgent form, the contract with the employee can be terminated only when the term of this agreement itself expires. Before this period, the dismissal of an employee at the initiative of the employer is not feasible. An unfortunate exception to the rule may be a violation of labor discipline or when the education itself is liquidated and all labor contracts with all employees cease to be valid. In such cases, employees become unemployed.

Dismissal under an indefinite contract

When the head of the enterprise and the person hired for work enter into an already open-ended contract for part-time employment in several positions, this affects the process of his dismissal, which is slightly different from the process of dismissing an employee who has entered into an agreement with the enterprise for a certain period.

The dismissal of a part-time worker who has entered into an indefinite contract has the following features:

1. The management of the enterprise has a reasonable right to dismiss a working part-time worker if another main employee is found in his place. In this case, the employer is no longer constrained so much by the terms specified in the concluded employment contract, because there are no fixed terms. At any time, it can be broken at the request of one of the parties or by mutual desire.
2. If the head of the company has decided to reduce the part-time job, he is obliged to inform about his decision 2 weeks before the day of the proposed dismissal, when the employee is either unable to fulfill his obligations or when the employment contract itself becomes invalid. The part-time worker must receive such notification only in a written document with all the necessary attributes. Violation of this rule makes such a dismissal illegal: it will violate the norms established in the labor code.
3. In some cases, the employee himself manages to leave the previous main job. Thus, he actually becomes the main employee of the enterprise, where he performs the work of combining. And it does not matter that this work is part-time. The schedule in this case does not play a role. If this happens, the employer can no longer immediately dismiss the person hired by him, since he loses the status of a part-time job. The relationship between the employer on the one hand and the employee on the other is moving into a phase that is standard for most workers.

Modern labor legislation seems complicated at first glance, but in reality it is not at all difficult.

The employer only needs to know a number of nuances before entering into an agreement for the work of a part-time job or terminating it.

These are the rules for dismissing employees during the conclusion of an agreement on work to combine with a certain time period. Any discrepancies with these rules are a violation of labor discipline and the rights of the person hired for the work process. Often this develops into a labor conflict, which is later resolved in court. In the future, this will help to avoid unnecessary problems.

When terminating an employment relationship with an employee who combines two or more positions, in order to avoid any mistakes and litigation, the employer must take into account the specifics of the legal status of such employees of enterprises. In this article, we will try to figure out how to properly fire a part-time worker.

Part-time employment - the performance by an employee of other paid activities with the signing of an employment contract in free time from main job. An important point is that it is allowed to sign labor agreements regarding the 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 dismiss a part-time worker is described in Labor Code RF. In Art. 77 of the Labor Code of the Russian Federation sets out general reasons for the termination of employment relations, and Art. 288 describes additional reasons for termination labor agreement with co-workers.

The procedure for dismissal of a part-time worker

The part-time employee is definitely exactly the same employee as the main ones, and therefore the procedure for his dismissal should be exactly the same.

There are three options for terminating an employment relationship with an employee:

• based on your own desire;
• by agreement of the parties;
• 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. On its basis, the head prepares an order for the company. At the same time, the resigning employee must work out the two weeks due to him before his departure.

In the second situation, termination employment contract collaborator is carried out in the following way:

• he writes a letter of resignation from combining several official duties at the same time and, together with the employer, sign an agreement;
• the head draws up an order for the institution to dismiss such an employee;
• if necessary, a note is made in 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 such cases:

• upon acceptance to the workplace, which is occupied by a part-time worker, the main employee;
• completion of the employment agreement - with a fixed-term employment contract;
• when reducing or liquidating an organization (enterprise);

Reception of the main worker

Usually a person who performs several official duties is enrolled in the service through circumstances forced by the institution. This occurs in cases where the enterprise does not have a full-time employee. However, when the company finds the right employee, it has to carry out the dismissal of the part-time worker in connection with the hiring of the main employee. To be able to organize the right way, two conditions must be met:

The termination of an employment relationship with a person who works in addition to the main service, when another employee is enrolled in this place, for whom this work will be the main one, this is, in fact, the initiative of the employer and, as mentioned earlier, such a dismissal of a part-time job is described by Art. 288 of the Labor Code of the Russian Federation.

It should be remembered that the dismissal of an external part-time job in connection with the hiring of the main employee must be accompanied by an order for the organization to dismiss (form T8-a).

Completion of an employment agreement with a part-time worker

An employment contract with a person working in several positions can be of two types - fixed-term and indefinite. When compiling an urgent, the employee is expelled strictly after the 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 dismiss the specialist when the main employee is found in his place. Just do not forget that the manager is obliged to send a notification to writing no later than 2 weeks before the specific suspension date.

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 labor relations. An employer must not dismiss an employee who is a part-time employee during a vacation or illness.

Dismissal of an external part-time worker during reduction

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 the external part-time worker occurs in the same way as the reduction of the internal one. Exactly 2 months before the suspension, the employer must notify the part-time job. Then, an order is issued regarding changes in the structure of the institution. Before laying off an official who works at an enterprise other than the main one (for these 2 months), the manager needs to offer him free vacancies, and if the part-time job refuses, then he is fired due to redundancy. Also, a part-time employee is required to pay a severance pay in the amount of the average monthly salary (payments are kept for him for a maximum of 2 months if he does not find a job during this time).

How to dismiss a part-time worker at the initiative of the employer? Are there grounds for this other than those listed in Art. 80 of the Labor Code of the Russian Federation? Read about everything in our article

Read our article:

How to dismiss 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 giving notice, believing it will save them from being fired. However, it is not. If he refuses to receive the document, it may be read orally in the presence of several witnesses. A note about this is put on the letterhead of the employer with the signatures of witnesses.

If it is impossible to perform the above actions, the notification may be sent to the part-time job by registered mail with a receipt and a description of the attachment. At the same time, to the notification period of 14 calendar days, it is worth adding the period for sending the letter and a couple more days “in reserve”. Since the correspondence may be delayed or the letter may not be received immediately. And with this method of notification, the countdown begins from the moment the letter is received.

Step 2. Issuance of an order to dismiss a part-time job (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 of personnel documents has been canceled the federal law dated 06.12.2011 No. 402-FZ “On Accounting”).

The grounds for termination in this case are indicated in the document - the employment of the main employee and a reference is made 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 can be entered in the work book. But only the employer at the main place of work can do this. Therefore, the dismissed person, at his request, must be given:

• a certificate indicating the dates of admission and dismissal, order numbers, as well as the position and structural unit;
• a copy of the employment order;
• a copy of the resignation letter.

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 the payment of severance pay. The payouts are the same as if he left by own will, namely:

• unpaid wages for hours worked;
• accrued premiums 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 general grounds with two weeks' detention. The launch of the procedure begins from the moment the application is submitted to the head.

By agreement, the period of working off can be reduced or it can be canceled completely. It is also possible to replace it with a vacation. To provide such an opportunity to a part-time worker or not is up to the employer.

A part-time employee is a part-time employee who regularly performs additional duties in his spare time from his main employment. Part-time employment can be internal (both the main and additional jobs are in the same enterprise) or external (the main employment is in one enterprise, and the additional one is in another). According to the law, citizens can have as many additional jobs as they like (with a reasonable time limit, of course). And most importantly, part-time employment should be just as formalized as the main employment. This article will discuss how to fire a part-time job, how to do it right and what nuances must be taken into account.

Hiring and firing a partner

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 take place on a general basis. Registration of a part-time worker at the workplace is carried out in several stages:

• an appropriate application 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 a part-time job.

The external part-time worker must also provide the personnel department (or the head of the enterprise, if we are talking about a small organization) with a passport and, if necessary, documents on education. The internal part-time worker has the necessary package already at the enterprise. No extracts or copies from the work book are required when applying for a job.

Of all of the above, special attention should be paid to the employment contract, since it is he who affects the dismissal from part-time work. Otherwise, the procedure for dismissing a part-time job (internal or external) and the main employees is the same.

Employment contract

A part-time employment contract is drawn up in the same way as a regular one. He can be:

• urgent - that is, to act until a specific date or until the end / start of certain events (for example, until an employee returns to work or the repair work is completed in full);
• indefinite - that is, without specifying deadlines (valid constantly, 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 job (internal or external), as well as the main employees, occurs on a general basis. According to the law, it is impossible to dismiss employees who are on sick leave, on vacation, on maternity leave, on childcare. The date on which the employee is dismissed cannot be earlier than the date of his exit from vacation or the closing of the sick leave.

Fixed term contract

If a fixed-term employment contract has been signed, the employee can be fired only after the expiration of its term and not earlier (we are not currently considering cases where there is a violation of labor discipline or the complete liquidation of the enterprise).

Indefinite contract

If an open-ended employment contract is signed, the employer has the right to dismiss the part-time worker if the main employee is found in his place. In this case, a notice of dismissal is sent in writing no later than two weeks before the expected date. At the same time, the employee may have time to quit the 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 job at the initiative of the employer in connection with the hiring of the main employee can no longer be made.

Dismissal procedure

Since the part-time worker is the same full-fledged employee as everyone else, he can be fired:

• 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 instruction is issued for the enterprise, if necessary, a corresponding entry is made in the work book - in the event that there was a mark on employment part-time. Such records are maintained at the main place of work on the basis of relevant documents.

Of your own accord

The dismissal of a part-time worker of his own free will occurs in exactly the same way as the main employee: an application is written, an order is prepared for the enterprise, the employee works out the required two weeks. Part-time work upon dismissal is mandatory, unless, of course, the employee has agreed with the employer to reduce the period of work or even cancel it.

The date of dismissal cannot fall on a holiday or weekend, even if the person worked on that day - after all, the employer must make the final payment and draw up the necessary documents, and the accounting department and the personnel department will hardly work on a day off.

Reduction of a part-time employee

The reduction of a part-time worker (external or internal) also occurs on a general basis. Two months before the proposed reduction, the employee is informed about this, an order is issued to make changes to the structure of the enterprise and staffing(about downsizing). During this time, the employer is obliged to offer other vacancies. At the same time, these job options can be paid worse, be less interesting and require lower qualifications - often employers specifically take such measures if they need a reduction for some reason.

If an employee refuses the offered vacancies, he is dismissed due to staff reduction. At the same time, a severance pay in the amount of the average monthly wage must be paid, and these payments are retained by the employee for a maximum of two months if he cannot find a job during this period.

When dismissing a part-time worker, it should also be taken into account that it is impossible to reduce pregnant women, family workers who are the only breadwinners, trade union workers (in the event that part-time work belongs to trade union activities), as well as other categories of workers listed in the legislation.

Companion's dismissal order

When a part-time worker is dismissed, an order is issued for the enterprise. A part-time dismissal order is drawn up in the form of T8-a. This document must contain:

• surname, name and patronymic of the employee;
• job title;
• Personnel Number;
• 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.

The order to dismiss an internal part-time job is no different from the order to dismiss 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 overspent vacation days. Since the vacation of a part-time job must coincide with his rest at his main place of work, he could well take vacation days at a part-time job in advance, therefore, upon dismissal from him, the corresponding amount must be withheld. An employee may not take a vacation at work part-time during his main vacation - in this case, unused days are compensated.

Application for resignation part-time - sample and explanations on how to fill it out can be obtained by the employee from the personnel department of the employing organization. Also, in the material we offer, answers are given to some questions related to the preparation of such a statement.

The procedure and grounds for the dismissal of a part-time worker

A part-time employee is subject to all labor laws and local regulations, with him, as well as with others, an employment contract is concluded.

The procedure for dismissing a part-time job also remains the same as for other categories of workers, and includes the following steps:

1. Drawing up an application (by the employee) or an information letter (by the employer) about the intention to terminate the employment contract.
2. Layoff notice. The notice period, that is, the length of the working period, depends on the reason for dismissal.
3. Drawing up a dismissal order, issuing settlement payments, a work book and other documents related to the employee's labor activity.

In case of dismissal of his own free will, the employee must comply with the provisions of Art. 80 of the Labor Code, timely informing the employer in writing of his intention. However, the Labor Code also contains some additions regarding the dismissal of part-time workers.

An employment contract with a part-time worker can be terminated both at the initiative of the employer and by decision of the employee himself. At the same time, for part-timers, Art. 288 provides for an additional reason for dismissal - hiring an employee for whom this position will be the main one. In this case, the employer informs the employee in advance in writing.

NOTE! If an employee performs additional labor functions on a combination basis in accordance with Art. 60.2 of the Labor Code of the Russian Federation, that is, without concluding a separate employment contract, he has the right to refuse it at any time by notifying the employer in writing at least 3 days in advance. At the same time, refusal to combine cannot serve as a basis for dismissal of an employee.

Sample notice of dismissal of a part-time worker

Observing the rule on the advance warning of the employee about the upcoming termination of the employment contract, the employer draws up a notice in free written form. Its sample looks like this:

Notification

In connection with the recruitment of an employee for the position of a merchandiser of Ecotext LLC, for whom this work will be the main one, in accordance with Art. 288 of the Labor Code of the Russian Federation, we inform you that the employment contract No. 51 concluded with you dated February 12, 2016 will be terminated on October 15, 2016.

01.10.2016

Director: (signature) Selivanov P.A.

Part-time dismissal order, sample

The form of the order T-8 on the dismissal of employees was developed in 2004 and is still in use. Its use is also possible in cases of termination of employment contracts with part-time employees.

An employee of the personnel department must fill it out, indicating the following mandatory data:

• full name of the enterprise;
• registration number dismissal order;
• the date of the order;
• the name of the document is “Order on termination of the employment contract”;
• date of conclusion and registration number of the terminated contract;
• date of dismissal of the part-time employee;
• Full name of the dismissed employee;
• Name structural unit where the employee worked;
• grounds for termination of the employment contract with an indication of the article of the Labor Code of the Russian Federation;
• registration data of the document serving as the basis for dismissal.

On the part of the employer, the document is signed by the head of the organization or another authorized person. After drawing up the order, it is mandatory to present it to the employee for review, after which he also signs the document.

Considering that the Labor Code of the Russian Federation provides an additional basis for the dismissal of a part-time worker due to the employment of another person to work as the main one, we will consider a sample order in such a situation:

IMPORTANT! In part 1 of Art. 373 of the Labor Code provides a closed list of grounds for the dismissal of an employee - a member of a trade union, requiring agreement with the trade union body of the employer, and dismissal under Art. 288 TC is not included in this list.

It is worth paying attention to the mandatory written informing of the employee about the upcoming dismissal in connection with the admission of another employee to the position as the main one. This must be done at least 2 weeks before the termination of the employment contract. The date of dismissal and the date of drawing up the order may differ.

Sample letter of resignation for part-time worker

Application for the dismissal of an internal part-time worker

If the internal part-time worker completely terminates the employment relationship with the employer, then the dismissal process takes place in the general manner established by the Labor Code of the Russian Federation. The Labor Code does not provide for the mandatory mention of internal part-time employment in an employee's resignation letter. Consider a sample application for dismissal in accordance with paragraph 5 of Art. 77 of the Labor Code of the Russian Federation (when transferring an employee):

Director of Ecotext LLC

Selivanov P. A.

Pitrenko L. S.

Statement

I ask you to terminate the employment contract concluded with me dated February 12, 2016 No. 51 and dismiss me in the order of transfer from Ecotext LLC to Agroimpeks CJSC on 10/15/2016. I am enclosing a letter of transfer to Agroimpeks CJSC dated 09/30/2016.

01.10.2016

Application for dismissal of an external part-time worker

We will separately consider the option of dismissing an external part-time worker. External are considered part-time workers who perform official duties at another enterprise during the time free from the main work. The work book of such an employee is kept by the main employer, while at the request of the employee, records can be made in it about labor activity and dismissal from part-time work. When such an employee is dismissed, the application must indicate the fact of part-time work.

The statement in this case looks something like this:

Director of Ecotext LLC

Selivanov P. A.

from a regional representative

Pitrenko L. S.

Statement

I ask you to dismiss me of my own free will from my part-time position as a merchandiser on 10/04/2016.

01.10.2016

Signature: (signature) Petrova L.S.

Making entries about dismissal in the work book of a part-time job

The procedure for making entries in the work book is approved by the Decree of the Ministry of Labor “On approval of the Instructions ...” dated 10.10.2003 No. 69. In accordance with it, all entries, including the dismissal of part-time workers, are made at the main place of work.

Please note that entries about part-time work are made at the request of the employee. An employee who plans to make an entry on the termination of an employment contract at a part-time job must take a document from the personnel department confirming the fact of employment and dismissal. The record of dismissal is made subject to the availability of a record of employment.

The procedure provides for an indication in the relevant columns:

1. Record numbers.
2. Dates of admission and dismissal.
3. Marks of part-time employment indicating the position, profession, specialty and qualifications of the employee.
4. Information about the document - the basis for the record (name, date, number).

Thus, part-time workers are subject to standard rules registration of dismissal, including writing an application, drawing up an order to terminate the employment contract and making an entry in the work book.