Dismissal of internal part-time worker calculation. Dismissal of an internal or external part-time worker at your own request - what's the difference?

Application for part-time dismissal - sample and the employee can receive explanations on how to fill it out from the HR department of the employing organization. The material we offer also provides answers to some questions related to the preparation of such a statement.

Procedure and grounds for dismissal of a part-time worker

An employee working part-time is subject to all labor laws and local regulations, and an employment contract is concluded with him, just like with others.

The procedure for dismissing a part-time worker also remains the same as for other categories of employees 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. Warning about upcoming dismissal. 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 labor activity employee.

In case of dismissal due to at will the employee must comply with the provisions of Art. 80 of the Labor Code, promptly informing the employer in writing of your 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 either at the initiative of the employer or by the decision of the employee himself. At the same time, for part-time workers Art. 288 provides for an additional basis for dismissal - hiring an employee for whom this position will be the main one. In this case, the employer informs the employee in writing in advance.

NOTE! If an employee performs additional labor functions on a part-time 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 the position cannot serve as grounds for dismissal of the employee.

Sample notice of dismissal of a part-time worker

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

Notification

In connection with the hiring of an employee for the position of merchandiser at 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 concluded with you dated February 12, 2016 No. 51 will be terminated on October 15, 2016.

01.10.2016

Director: (signature) Selivanov P. A.

Part-time dismissal order, sample

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

The HR department employee must fill it out with the following required information:

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

On the employer's part, the document is signed by the head of the organization or another authorized person. After drawing up the order, it is necessary 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 employee due to the employment of another person as the main job, we will consider a sample order in this 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 employer's trade union body, and dismissal under Art. 288 TK is not included in this list.

It is worth paying attention to the mandatory written information to the employee about the upcoming dismissal in connection with the hiring of another employee for 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 vary.

Sample application for dismissal of a part-time employee

Application for dismissal of an internal part-time worker

If an internal part-time worker completely terminates his employment relationship with the employer, then the dismissal process takes place in accordance with the general procedure 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. Let's 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):

To the Director of Ecotext LLC

Selivanov P. A.

Pitrenko L. S.

Statement

I ask you to terminate the employment contract concluded with me dated 02/12/2016 No. 51 and dismiss me in the order of transfer from Ecotext LLC to Agroimpex CJSC on 10/15/2016. I am attaching a letter of transfer to CJSC Agroimpex dated September 30, 2016.

01.10.2016

Application for dismissal of an external part-time worker

We will separately consider the option of dismissal external part-time worker. Part-time workers who perform job responsibilities at another enterprise during time free from main work. The work record book of such an employee is kept by the main employer, and at the request of the employee, entries can be made in it about work activity and dismissal from part-time work. When dismissing such an employee, the fact of working part-time must be indicated in the application.

The statement in this case would look something like this:

To the Director of Ecotext LLC

Selivanov P. A.

from a regional representative

Pitrenko L. S.

Statement

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

01.10.2016

Signature: (signature) Petrova L. S.

Entering records of dismissal in the work book of a part-time worker

The procedure for making entries in work book approved by the resolution of the Ministry of Labor “On approval of the Instructions...” dated October 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 planning to record the termination of an employment contract at a part-time job must obtain a document from the HR department confirming the fact of employment and dismissal. A record of dismissal is made subject to the availability of a record of hiring.

The procedure provides for indication in the appropriate columns:

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

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

The Labor Code of the Russian Federation in Article 282 states that an employee who has a main job, working full time, must draw up contracts with external employers or internal ones for part-time work. Formation of working relationships takes place on general conditions, and when dismissing you should take into account some features and nuances. We’ll talk in detail about the specifics of dismissing part-time workers later.

Dismissal at the own request of a part-time worker

One of the most important moments upon dismissal of a part-time employee, the contract concluded at the time of employment is valid. Its form and content are crucial; it is this that determines the final procedure for dismissing an employee. Part-time work is formalized in two main ways:

1. Urgent TD, with a specified deadline for the relationship between employer and employee.
2. Indefinite TD.

In the first case, you can dismiss a person at the end of the term, but with an open-ended employment contract, you must comply with all the parameters of the procedure prescribed in the Labor Code of the Russian Federation.

Grounds for dismissing a part-time worker at his own request

A part-time employee can be dismissed under Article 80 of the Code. For a person combining several jobs, you can quit on a general basis. There are three types of grounds for ending employment:

• leader's initiative;
• at your own request;
• when concluding a mutually beneficial agreement.

With internal part-time work, cessation of this activity does not mean automatic departure from the main place.

Dismissal procedure

Employers are wondering how to properly fire a part-time employee at their own request? The interaction between the employer and the hired person must be formalized in accordance with the letter of the law. You need to fire an employee at your own request according to the established scheme:

1. Receive a statement from him of your own free will.
2. Issue an order to complete the procedure.
3. Familiarize the resigning person with the notice against signature.
4. Apply for a work permit, if available. It is allowed not to make any entries about part-time work.
5. Calculate and issue compensation payments.

The employee is paid on the final working day under this agreement.

Should a part-time worker work 2 weeks when leaving voluntarily?

A part-time employee should be dismissed on a general basis - the employee must notify the employer 2 full weeks in advance of his decision. It would be wrong to consider this time as working off, because we are not talking about the employee’s service, but about timely notification. Article 80 of the Code stipulates cases in which it is possible to dismiss an employee within 3 days and allow him not to work the specified weeks. This is possible when starting undergraduate studies, entering retirement, moving, or due to illness. The grounds will require documentary evidence for the employer.

Part-time employee's application for resignation at his own request, sample 2018

The application is a document initiating the care procedure. This is what allows you to fire a part-time employee. Any spelling in a convenient way, from a sample taken at work or on the Internet. The application must be written to the director on behalf of the applicant. It is important to indicate the reason in the text - dismissal at your own request. If there are no grounds for immediate termination of the relationship, then the date may not be specified, because 14 days will automatically be counted from the date of filing the document. If there are grounds, a date is set and the reason for leaving is justified. The document is secured with a signature.

Order to dismiss a part-time worker at his own request, sample 2018

The order gives official progress to the application and transfers the employee’s initiative to specific action. A resolution allowing the dismissal of a part-time employee must contain in its text:

1. Full name, position and number of the employment document of the person being dismissed.
2. Base.
3. The end date of the working day.

The order must necessarily record the employee’s consent in the form of a personal signature, which is obtained upon payment. Following the described rules helps to avoid litigation and other disputes between the parties. Legal compliance is the basis of the employment relationship.

Part-time dismissal has some nuances that the employer must comply with in order for the dismissal to be legal.

Part-time work is the performance by an employee of any work in his free time from his main job. Part-time work is paid in accordance with the position held and in proportion to the time worked. It is allowed only when concluding an employment contract.

If a part-time employee is dismissed, the employment contract must be terminated. You can do this in the following ways:

• on the initiative of the part-time worker himself;
• by agreement of the parties;
• at the initiative of the employer.

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

Part-time dismissal at the initiative of the employer is identical to dismissal at the initiative of the employer of the main employee.

First, the employer must notify such an employee of the upcoming dismissal 2 weeks in advance. The part-time worker must familiarize himself with the notice by signing it. If the employee refuses to sign this document, the employer must draw up a statement of refusal.

After this, the employer issues an order to dismiss the employee and registers him. The employee must also sign the order.

On the day of dismissal, the employer must make a full settlement with the employee.. He must pay him:

• salary in proportion to the time worked in the month of dismissal. The working day of a part-time worker should not exceed 4 hours a day;
• "vacation pay". Part-time work of a part-time worker does not in any way affect the provision of compulsory leave;
• severance pay, if it is provided for by the grounds for dismissal. Also, severance pay may be specified in an employment or collective agreement.

If a part-time worker is laid off, he must be notified 2 months in advance. This applies to both external and internal part-time workers. Further, the reduction procedure is identical to the procedure for laying off key employees.

The same rule applies to part-time workers as when dismissing main employees - there are categories that cannot be dismissed at the initiative of the employer. These are workers located:

• on a sick leave;
• on holiday;
• on maternity leave;
• in maternity leave.

Dismissal of a part-time employee at his own request is similar to dismissal at his own request of the main employee.

The employee must write a written application addressed to the employer about dismissal. This must be done at least 2 weeks before the expected date of dismissal.

This application must be submitted personally to the employer, or through the HR department. The application must be registered in the prescribed manner.

For reinsurance, it is better to write 2 statements. On the employee’s copy, the employee who accepts the application for accounting must put the date and number of the incoming document, and also sign.

After this, the employer prepares an order to dismiss the part-time worker. On the day of dismissal, he must pay the employee in full, paying him all due benefits - wages, vacation pay and severance pay, if this is stated in the employment or collective agreement.

An order to dismiss a part-time employee is no different from an order to dismiss a main employee. The employee must familiarize himself with this document and put his signature on it.

A part-time worker must work for 2 weeks, which are specified in the Labor Code of the Russian Federation. The legal status of a part-time worker is exactly the same as that of the main employee. Therefore, he can resign without service only on the grounds specified in Art. 80 Labor Code of the Russian Federation.

A part-time employee can also resign by agreement of the parties. This is the best option.

The initiative for dismissal must come from one of the parties. Either the employer notifies the employee properly, or the employee writes a letter of resignation of his own free will.

After this, one of the parties proposes to conclude a dismissal agreement. As a rule, the initiative for both dismissal and drawing up an agreement comes from the employer.

The agreement must describe in detail all the conditions for the part-time worker’s dismissal, including the date of dismissal and the amount of all due payments.

After concluding the agreement, the employer must prepare an order for the dismissal of this employee. The basis for dismissal in the order must indicate the number and date of the agreement.

The part-time worker is dismissed by agreement of the parties on the date specified in the agreement.

The dismissal agreement is drawn up in 2 copies. One remains with the employee, the other with the employer. On the employer’s copy, the employee must write “I have received my copy of the agreement.” Add date and signature.

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 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:

1. at the request of this internal part-time worker, remain only in the main position;
2. by agreement between the employer and part-time worker, by drawing up an agreement in writing;
3. 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;
4. by order of the manager (there must be legitimate reasons for this, for example, absenteeism, violation labor discipline, liquidation of an enterprise or structural unit where a part-time worker works, due to layoffs, etc.);
5. 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;
6. 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.;
7. 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;
8. when the employer moves to another locality, if the part-time worker also refuses, he is transferred to another locality;
9. 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 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 that key employees. Internal part-time worker, in addition to additional wages, which he receives, he also has the right to vacation, the right to remain on sick leave, 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 free time, according to the employment agreement, performs part-time job functions, despite his wishes, he can be fired by the employer if he decides to hire a permanent employee.

The law does not exclude the possibility of dismissing an internal part-time worker for violation of labor discipline. Reports, reports, and other documents confirming the fact of the violation must be drawn up about such a violation. 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.

The practice of simultaneously combining several jobs in our country is not new and is not so rare. Both employees and employers themselves are willing to do this. For the former, this is an opportunity to earn additional income, while for the latter, this way they often manage to get a specialist for relatively little money. When the employer’s situation changes, he has to forget about saving money and start looking for a person who will devote all his work enthusiasm to his enterprise, without wasting it on others.

Dismissal of a part-time worker due to the hiring of a main employee

If a new employee, unemployed in another company, is found and is ready to enter into an agreement for the main position, then the question of parting with the external part-time worker is raised. Labor Code RF with its 288 article provides the unconditional right of the employer to implement such an initiative. Condition - an employee who comes for several hours a day will be properly notified of the upcoming event two weeks in advance by delivering a notice and issuing an order.

How to fire an external part-time worker when hiring a main employee - dismissal procedure

In essence, Article 288 is an addition to Article 81. It expands the list of grounds listed in it for termination of employment contracts at the initiative of the employer (which also includes the option of dismissal in case of staff reduction), and requires strict adherence to the procedure:

1. Provide a written warning to the part-time worker that the company is hiring a main employee in his place. It is better to publish the document in two copies; the text must indicate the date of the proposed dismissal in compliance with the 14-day warning period.
2. Hand it over to the dismissed employee against signature, and if he refuses to receive it, then draw up a document/act confirming this fact in the presence of witnesses.
3. Issue a dismissal order on the basis of Article 288.

Carry out final settlements with your part-time employee regarding wages and all types of compensation and payments established by law. Some additional payments in this case may be fixed in a collective or individual agreement.

Grounds for dismissal of a part-time worker in connection with the hiring of a main employee

There is a serious reservation in labor legislation regarding the specifics of the release of an employee accepted on the terms of external or internal combination:

1. The employee for the main position must not be in the employer’s plans; at the time of notification, an agreement must already have been drawn up with him and an order for employment must have been published.
   2. Contract of employment with a dismissed part-time worker should be of unlimited duration.

If the company’s management only intends to replace the incoming employee with a permanent one, then it will not be possible to apply the provisions of Article 288 of the Labor Code of the Russian Federation. Without a real candidate, the dismissal of a part-time worker at the request of the employer must occur either by mutual agreement or by layoff.

If at one time a part-time worker was hired for a specific time period, then the employer will not be able to turn to this article of legislation. You will have to work until the end of the agreed period or offer the employee acceptable conditions for early dismissal on personal initiative.

Another reason limiting the right to hire a main employee instead of a part-time employee is pregnancy. Article 261 Labor Code of the Russian Federation future mom reliably protected from any inducement by the company management to terminate labor relations not by choice. Its content does not leave a single loophole: when dismissing a pregnant employee, there is no place for the employer’s initiative, no matter what the situation may be, other than complete liquidation. In this sense, the law does not see a difference between women hired for the main position and women combining responsibilities.

Order to dismiss a part-time worker in connection with the hiring of a main employee

After the notice of dismissal is served, you need to correctly draw up the order. Since we are talking about external combinations, then an order from the manager to remove him from his position is not enough. In this case, you need to draw up an order for the enterprise. As a sample, a unified T8 form or T8a form, if the changes affect the entire list of freelancers.

In the “Grounds” column, enter that the dismissal occurs due to Article 288 of the Labor Code of the Russian Federation, in connection with the hiring of a key employee. In the line where the supporting documents are indicated, you can enter information from the order for the hiring of a new employee. Filling out a part-time work permit is not provided, but, at the request of the outgoing specialist, an entry can be made or a certificate can be issued in free form, containing the same wording as in the order.

Some freelancers believe that they should be given priority to choose whether to leave or change their status to permanent status. Labor Code of the Russian Federation does not provide for this, giving the employer every reason to decide for himself how the work of a developing enterprise will be organized in the new conditions.