Dismissal of an external part-time worker at the initiative of the employee. Dismissal of a part-time worker (external, internal). Payments to a part-time worker

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

Part-time work is the performance by an employee of another paid activity with the signing of an employment contract in free time from the main job. An important point is that it is allowed to sign employment agreements regarding simultaneous work in two or more places, with an unlimited number of employers. In other words, part-time work is quite known species additional employment.

How to properly fire a part-time worker is described in the Labor Code of the Russian Federation. In Art. 77 of the Labor Code of the Russian Federation sets out general reasons relating to the termination of labor relations, and Art. 288 describes additional reasons termination of an employment agreement with part-time employees.

The procedure for dismissing a part-time worker

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

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

based on your own desire;
thanks to the agreement of the parties;
based on the initiative of the employer.

If a person who combines several jobs quits based on his own desire, then the first thing he needs to do is write a letter of resignation. Based on it, the manager prepares an order for the company. At the same time, the resigning employee must work the required two weeks before leaving.

In the second situation, termination of an employment contract by a part-time worker is carried out as follows:

he writes a letter of resignation from combining several official duties at the same time and, together with the employer, signs an agreement;
the manager issues an order to the institution to dismiss such an employee;
if necessary, a note is made in work book.

How to fire a part-time worker without his consent

Termination of an employment contract with an employee combining different positions without his consent is possible at the initiative of the employer in the following cases:

upon acceptance to workplace occupied by a part-time worker, the main employee;
completion of the employment agreement – in case of a fixed-term employment contract;
upon reduction or liquidation of an organization (enterprise);

Reception of the main employee

Typically, a person who performs several official duties is enlisted due to circumstances forced by the institution. This occurs in cases where the company does not have a full-time employee. However, when the company finds the right employee, it has to dismiss the part-time employee in connection with the hiring of the main employee. To organize this in the right way, you must adhere to two conditions:

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

It should be remembered that dismissal external part-time worker in connection with the hiring of the main employee, it must be accompanied by an order from the organization regarding dismissal (form T8-a).

Completion of an employment agreement with a part-time worker

An employment contract with a person working in several positions is of two types - fixed-term and indefinite. When drawing up a fixed-term employee, the employee is expelled strictly upon expiration of the term (indicated in the contract; liquidation of the enterprise or violation of discipline is not taken into account).

Because if an open-ended contract is signed, as mentioned earlier, then the employer has the right to fire the specialist when the main employee is found to replace him. Just do not forget that the manager is obliged to send a notice in writing no later than 2 weeks before the specified date of removal.

Dismissal under Art. 288 of the Labor Code of the Russian Federation will be correct if an employment contract with an official working in several institutions or several positions was previously concluded for an indefinite, unknown period.

p>However, do not forget about general rules termination of employment relations. An employer must not dismiss an employee who is a part-time worker during the period of vacation or illness.

Dismissal of an external part-time worker during layoffs

The reduction of a part-time employee is similar to the reduction of the main employee, because he has the same rights and social guarantees. The reduction of an external part-time worker occurs in the same way as the reduction of an internal one. Exactly 2 months before the removal, the employer is obliged to notify the part-time worker. An order is then issued regarding changes in the structure of the institution. Before you cut executive, who works at an enterprise other than the main one (during these 2 months), the manager needs to offer him free vacancies, and if the part-time worker refuses, then he is fired due to staff reduction. Also, an employee who works part-time is required to pay severance pay in the amount of average monthly wages(payments are retained for him for a maximum of 2 months if he does not find a job during this time).

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 fired at will an employee may 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 specifics of dismissal internal part-time worker, we need to consider what constitutes internal part-time work. 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 this employee hired to the position of a part-time employee internally, the number and date of the order on the basis of which the employee was hired as an internal part-time employee. That is, the procedure remains the same - you must definitely issue an order.

An internal part-time worker must also be fired by order. The only difference is that such an employee does not quit his main job. But only from the position where he is part-time. As with the dismissal of the main employee, it is necessary to dismiss a part-time employee who works at the same enterprise in the main position, indicating the reason for such dismissal. The requirements for registering dismissal, entering information and wording into the labor report, on the basis of an order, are also regulated by labor legislation.

Reasons for dismissal of an internal part-time worker

There are both common reasons dismissals of internal part-time workers, as well as additional ones. General ones include those established by Article 77 of the Labor Code. A part-time employee working under an employment contract at an enterprise can be dismissed on the following grounds:

at the request of this internal part-time worker, remain only in the main position;
by agreement between the employer and part-time worker, by drawing up an agreement in writing;
if the period for which the contract was concluded with the part-time worker has expired and the parties have not agreed on its continuation;
by order of the manager (there must be legitimate reasons for this, for example, absenteeism, violation labor discipline, liquidation of the enterprise, or structural unit, where the part-time worker works, by reduction, 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, employment contract terminates with him, which is recorded in the labor record. 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 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.

Only an employee who has his main place of work can be considered a part-time worker, either at the same enterprise where he is a part-time worker, or at another, with another employer. Therefore, when dismissing an employee from his main place of work and leaving him as a part-time worker, some employers do not take into account that if he does not get a main job somewhere else, then such an employee automatically becomes not a part-time worker, but a main employee. Even if not full-time.

Then, certain problems arise if, say, the employer hires a part-time, main employee. According to the law, such dismissal of a part-time employee is not allowed due to the hiring of a main employee for this position. After all, the person being fired is no longer a part-time employee, but a main and full-time employee. If he works at this enterprise as a main employee, and in his free time, according to labor agreement, performs part-time job functions, despite his wishes, he can be fired by the employer if he decides to hire a permanent employee.

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. Enough interesting case 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 fulfill the duties assigned to him internal part-time job labor functions), dismissal from an internal part-time position 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

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.

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;

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 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 part-time workers, 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

Then, certain problems arise if, say, the employer hires a part-time, main employee. According to the law, such dismissal of a part-time employee is not allowed due to the hiring of a main employee for this position. After all, the person being fired is no longer a part-time employee, but a main and full-time employee. If he works at this enterprise as a main employee, and in his free time, 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 job functions assigned to him by internal part-time work), dismissal from the position of an internal part-time worker for absenteeism is allowed.

In small private companies, a situation often occurs when an employee is hired as a part-time worker. For example, they hire an accountant or courier as an external part-time worker. Or the content manager is a “jack of all trades,” combining his duties with the work of a system administrator.

Sometimes there comes a time when a non-core job no longer suits a part-time worker. In this case, the employee submits a letter of resignation at his own request (SJ). Dismissal of part-time workers almost no different from standard dismissal under the life insurance policy.

Dismissal at your own request

This is a type of dismissal by the employee. Even if the employer does not want to lose a valuable personnel, he will not be able to refuse dismissal. However, he also has rights that the employee must respect.

The dismissal procedure is regulated by Art. 80 Labor Code of the Russian Federation. According to the law, an employee submits a letter of resignation 2 weeks before leaving and no later. Last worker
day - the date of dismissal indicated on the application. Interestingly, an employee can resign at will even while on vacation or sick leave. There is no need to recall him from vacation.

The days after informing the employer are worked according to the usual schedule, the employee cannot immediately leave the employer. If before the expiration of the two-week period the employee changes his decision, he can withdraw the application and remain “at his post”.

Documents, that is, a work record book, copies of hiring and dismissal orders, salary certificates, etc. are issued on the last day of work. Then they pay back wages or compensation (under Article 127 of the Labor Code of the Russian Federation) for unused vacation. In fact, this day is the last chance for the employee to cancel the dismissal.

Fired by Labor Code, art. 77. The work report includes the note “dismissed at his own request”, the third paragraph of this article. Additionally write the date and order number.

The period of service may be reduced or even canceled if:

both parties agree to cancel the two-week work period;
the employee was enrolled in studies;
the employee retires;
moves to another city or country;
the employer's actions were contrary to labor legislation.

Internal part-time worker

Internal part-time job used to optimize staff. This is work for the same employer during free time from the main job. It is used in three main cases:

For safety reasons and by law, a second employee is required. An example would be hiring your own worker as an additional, second electrician.
After downsizing An employee is needed to fulfill the duties of the dismissed person. For example, an accountant, after being transferred part-time, works as a cashier in the same company.
At long period of absence of an irreplaceable employee. When an accountant goes on vacation, someone still has to payroll. If the company has an employee with the appropriate qualifications, he is registered as a part-time worker for an additional fee.

Registration of dismissal

Dismissal of an internal part-time employee at his own request is not much different from dismissal of a main employee. He also writes a statement, then they draw up a dismissal order in form No. T8-a. The document does not indicate whether the part-time worker is external or internal.

The order states:

Full name of the employee;
his position;
personnel number of the person leaving;
date of dismissal;
basis indicating the article of the Labor Code;
withholding or compensation data;
signatures of the manager and part-time worker in the appropriate columns.

If an internal part-time worker leaves the organization altogether, two entries are made in his employment record:

about dismissal as a main employee;
below about dismissal as a part-time worker.

The reasons for dismissal do not have to be the same. In the same way, there should be two records of hiring. The accounting department makes calculations on two personal accounts. When working under an employment agreement, an employee can notify the employer of his refusal to perform additional duties 3 working days in advance (in accordance with Article 60, paragraph 2 of the Labor Code).

External part-time job

An employee can work during times not occupied by his main work, not only in his own organization, but also in another. The working day of an external part-time worker, as well as an internal one, cannot be more than 4 hours a day. If an employee has taken a vacation or time off from his main place of work, he can work part-time for at least a full day. But the number of hours of part-time work cannot be greater than the time spent on the main activity. By law, the number of part-time jobs is not limited.

The part-time worker’s remuneration is calculated by the manager with the same allowances as the main employees’ remuneration, but cannot be less than the minimum established salary. The part-time worker must be at the place of work full time, therefore An employment contract is signed with the employee. It can be indefinite or for a specific period. Whether or not to make an entry about part-time work in the employment record is the personal choice of the employee.

Details regarding the calculation of vacation pay upon dismissal are contained here.

It often happens that an external part-time worker wants to join the staff. In this case, he is preliminarily dismissed from both organizations. Dismissal of an external part-time worker at his own request does not provide for any sanctions and would be a good choice.

The date of dismissal of a part-time employee cannot be a weekend or holiday, even if he worked on that day. You must wait until the next weekday. The part-time worker, as well as the main employee, informs management 2 weeks in advance.

Upon dismissal, if a record of external part-time work was made, the employee is required to pick up the work book from his main job in order to make a note about dismissal. It is entered at the place of dismissal, in contrast to the entry about the beginning of a part-time job.

The terms of an employment contract that increase the period of service or impose sanctions upon dismissal have no legal force and are contrary to the law. For example, the contract stipulates a month’s notice and loss of wages upon dismissal at the initiative of the employee. But the person resigning still has the right to notify management in accordance with the law, that is, 2 weeks in advance. Furthermore, he can go to court, pointing out the violation.

Calculation of leave of an external part-time worker upon dismissal

This is the main difference. When your external partner receives vacation at the main place, he can go on vacation from the additional place. In this case, leave is granted even if it has not yet been worked. required period. Upon dismissal, you will need to recalculate and deduct money for days taken off but not worked. If during vacation the employee continued to work as a part-time worker, he will need to pay compensation.

As you can see, the differences in the dismissal of a part-time employee and the main employee are small. Make your employees adhere to the law and follow it yourself. Do not force them to resign of their own free will, because now this can be proven in court. Let dismissal at the employee’s initiative remain that way.

Part-time work is labor activity, which does not last the entire working day. In this case, the employee constantly does a certain job, but his main place of work is different.
Part-time work can be internal (both jobs are in the same organization) or external (the main job is in one organization, and part-time work is in another).

An employee who performs his/her job duties part-time, in mandatory is officially registered for work by signing an employment contract with him, which means that part-time dismissal must occur in strict accordance with the provisions of the Labor Code of the Russian Federation.

Dismissal from a part-time job may occur for the following reasons:

accepting a part-time position as a permanent employee;
staff reduction;
employee initiative;
expiration of the employment contract;
agreement of the parties;
violations of labor discipline leading to dismissal;
other grounds provided for by the Labor Code of the Russian Federation.

Dismissal on the initiative of a part-time worker

Termination of an employment relationship with a part-time worker on his initiative proceeds in much the same way as the dismissal of the main employee: the part-time worker draws up a letter of resignation, after which the employer puts his resolution on it. After this, a dismissal order is issued.

A part-time worker will have to work the two weeks established by law, except for grounds that exempt him from this obligation. In addition, like the main employee, a part-time worker can agree with his superiors to cancel this two-week period or reduce it.

The day of dismissal of a part-time worker cannot be a holiday or day off, since on the day of dismissal the employee must be paid and a work book issued.
If the work book of an external part-time worker is located at the place of his main job, he must be asked to provide it against signature, and then take it to the place of dismissal to enter the necessary information into it.

When it comes to dismissing an internal part-time worker who wants to refuse additional work but remain in the main position, he needs to notify the employer about this three days before failure to perform additional duties.

If the employee plans to leave both jobs, stopping labor Relations with this employer, he is dismissed in accordance with the general procedure. At the same time, two entries are made in the work book: first, information about the main place of work is entered, after which an entry is made regarding part-time work.

Part-time dismissal at the initiative of the employer

A frequent situation when terminating an employment contract with a part-time worker is a reduction in the number of staff of the organization. The procedure for such dismissal is no different from the dismissal of other employees: 2 months before the dismissal, the employee is informed about the upcoming layoff, an order is issued to change the structure of the organization and staffing table. A part-time employee, like other employees, must be offered available vacancies from the employer. He is also guaranteed severance pay. The order of layoffs for part-time workers does not differ in any way: if a pregnant woman works part-time, she cannot be fired. The same applies to family members who are considered the sole breadwinners, and other persons established by the Labor Code of the Russian Federation.

The employer may decide to dismiss a part-time worker even if a main employee is found to fill the part-time position. This can be done even when the employment contract is concluded without specifying a validity period.

As with the main employee, an employment contract with a part-time employee can be terminated for gross or repeated violation of labor discipline, in particular, for absenteeism. We are talking about a situation where an employee was absent from work all day or more than four hours. In a situation where a part-time worker’s working day lasts less than four hours, he can be fired for being absent from the workplace on a certain date. The procedure for dismissal for absenteeism is no different from the usual one and includes requesting an explanation from the part-time employee.