The procedure for the dismissal of a partner. Dismissal of a part-time worker

Part-time work is a widespread practice in all areas of business. There is a wide legal base on this issue. And yet, in the problems of hiring and dismissing part-time workers, both employers and part-time workers themselves are often confused.

General concepts

A part-time worker is a worker who works part-time in his spare time from his main job. Part-time employment is sometimes confused with combination, in which one employee carries out activities in several different labor positions at his enterprise during his working day (Article 60.2 of the Labor Code of the Russian Federation).

There are two types of combination: internal and external.

An internal part-time worker combines the main and additional work at the same enterprise.

An external part-time worker is a person who is in a permanent position in one company and works part-time in a second company. For such an employee, the main job is in one company, and the additional occupation is in another.

The main condition for part-time employment is the official placement of an individual in both the main and additional jobs.

Grounds for dismissal of a partner

All reasons for the dismissal of a part-time job are logically divided into two unequal parts:

General grounds.
Special grounds exclusively for part-time workers.

A citizen who works part-time has the same rights as an employee working in the main state. For many positions, there is no difference in the grounds for dismissal of a part-time employee and a permanent employee.

Thus, the general grounds for dismissal are:

the employee's own desire (his personal initiative);
employer's initiative (Article 81 of the Labor Code of the Russian Federation);
joint agreement between employee and employer.

Voluntary dismissal

The procedure for passing such a dismissal is carried out similarly to its registration for an employee working on a permanent basis. In this situation, the employee submits an application, the manager agrees with him, putting the appropriate resolution, an order is issued to dismiss him. When it is impossible to agree with the authorities on early departure, such a dismissal on one's own initiative obliges to work out the prescribed two weeks. There is a small nuance for an external part-time worker. If he wants to record his part-time dismissal in a work book, then he must first take it at the place of his main job in order to take the book to record the dismissal.

If the internal part-time worker wants to leave the additional job, but at the same time remain on the main one, he must notify the employer of his intention three days before the date of departure.

The application of the part-time partner for dismissal of his own free will is submitted at least three days before the date of the proposed dismissal

Certain difficulties also arise if the part-time worker wants to leave the main and additional work at the same time. In this situation, the dismissal occurs in the usual way, but first the departure from the main job is recorded in the work book, and below - the record of dismissal from the additional job.

Dismissal at the initiative of the employer

The main reasons for dismissal in this situation are:

Downsizing (art. 81. 1);
Liquidation of an enterprise (art. 81. 2);
Gross disciplinary offense (art. 81. 6).
Inconsistency of the position held by the level of qualification (Article 81.3);
Concealment of income or conflict of interest (art. 81. 7. 1);
Committing immoral offenses Art. 81.8);
Providing false documents when applying for a job (art. 81. 11);
Arrival of a new owner (Article 81.4). Applies only to part-time chief accountants and managers;
Making decisions due to which the property of the company is lost or harmed (Article 81. 9). Applies exclusively to chief accountants and managers.

All of the above grounds apply equally to both a part-time employee and a full-time employee. Although in the event of dismissal due to non-qualification, according to the results of the certification commission, some special conflict may arise. Let's assume that such a rather ordinary situation arises when an employee has not passed the certification for the main job and at the same time claims this place as an internal part-time job. Then, in order to take this position, this employee is first obliged to quit his job as a part-time worker on his own initiative, by agreement of the parties or under Art. 288 of the Labor Code of the Russian Federation, and after that, go back to work as a full-time employee.

Dismissal by agreement of the parties

With this option of dismissal, the general procedure for terminating the contract applies. The difference with the dismissal of a full-time employee lies only in the fact that here in the order and the entry in the work book it is necessary to mention in the reference to the basis that it is the part-time worker who is resigning.

The entry in the workbook will then look like this:

Dismissed from part-time work by agreement of the parties, paragraph 1 of part 1 of Article 77 of the Labor Code of the Russian Federation.

Special grounds for dismissal

In the Labor Code of the Russian Federation, there is only one ground for dismissal, intended exclusively for a part-time worker (Article 288). This article applies in the case of hiring a full-time employee for a job performed by a part-time employee.

In the event of such a situation, only a part-time worker who has concluded an open-ended employment contract with his employer is subject to dismissal. Art. 288 cannot be applied to personnel working on a fixed-term contract.

The employee must be notified in advance of the intention to dismiss under Article 288. The notice shall be sent at least two weeks prior to the planned termination.

The document is drawn up in two copies. One of them, signed by the outgoing part-time worker, remains at the enterprise, and the other is transferred to the employee. After a two-week period, a dismissal order is drawn up. It is drawn up on a standard T-8 form, with an indispensable fixation as the reason for the dismissal of Art. 288.

It should be noted that the law does not provide for the payment of any severance pay to a part-time job dismissed under this article. However, it is not forbidden to enter the payment of benefits in an employment contract with a part-time worker.

The procedure for dismissal of a partner

The procedure for terminating an employment relationship with a part-time worker in general does not differ from the general dismissal procedure. The entire process of dismissal can be divided into the following stages:

Preparation of documents that are the basis for dismissal.
Notifying the employee and issuing an order.
Entry in the workbook.
Estimated payments.

Preparation of documents justifying the dismissal

Such documents include:

acts of disciplinary violations;
notice of upcoming layoffs;
notification of the upcoming liquidation of the enterprise;
an order to hire a permanent employee instead of a part-time employee;
other certificates, acts and messages.

Notification and publication of the order of dismissal

The nature of the notification of a part-time worker about the termination of an employment contract with him depends on the grounds for dismissal. If the employee is dismissed on a general basis (of his own free will, by agreement of the parties, due to a disciplinary offense, and so on), then the notice of the upcoming dismissal is drawn up according to the general rules regulated in Art. 77 of the Labor Code of the Russian Federation.

Another thing is if an employee quits as a result of hiring a permanent full-time employee in his place (Article 288 of the Labor Code of the Russian Federation). In this case, it is necessary to notify the part-time worker two weeks before the dismissal. The notice shall be drawn up in writing and handed over to the employee against receipt.

The notice of dismissal is presented to the part-time worker at least three days before the date of the upcoming dismissal.

It must indicate the grounds for dismissal, as well as the full name of the enterprise, its details, full name of the employee without abbreviations.

The dismissal order is drawn up on a unified T-8 form. It does not matter what kind of combination takes place - internal or external. With any method of combination, the order must contain the following elements:

Full name of an employee working as a part-time employee;
Position, rank, category of part-time worker;
Employee's payroll number;
Date of dismissal;
Grounds for dismissal with a mandatory reference to the article of the Labor Code;
A brief description of the payments and deductions made;
Head's signature;
Signature of the part-time worker on reading the order.

An order to terminate an employment contract with a part-time job is drawn up in the same way as when dismissing permanent employees on a unified form T-8

Entry in the work book

Nothing obliges an employee to enter information about his work experience as a part-time worker in the work book (Article 66 of the Labor Code of the Russian Federation). Quite often, part-time records are needed by an employee in order to show his experience in a particular position. Such entries are made only at the request of the part-time worker. If a record of dismissal from the main job is necessarily entered into the work book on the day the relevant order is issued, then in the event of the dismissal of a part-time job, it is not necessary to talk about the timing of the entry.

If he is an internal part-time job, then making such an entry is not difficult and can be done at his request on the day of dismissal from part-time work.

If he works part-time at another enterprise, then in order to make an entry in the book located at the main place of work, you must first contact this other enterprise with a request to provide a certified copy of the dismissal order and, if necessary, other documents confirming his part-time work.

The enterprise where the part-time worker worked is obliged to issue him a certificate within three days from the date of application

The company in which he worked part-time, in this case, is obliged to issue him the requested documents within three days from the date of the application. After receiving such documents confirming the fact of dismissal, the employee applies to his main place of work, where an entry is made in the personnel department in his work book. At the same time, the law does not regulate the method of contacting the organization with a request to make an entry in the work book. Of course, it is easier to express your desire in words. However, such an oral appeal may, in general, not be reacted to or delayed with an answer. Therefore, lawyers recommend that you apply for an entry in writing.

It is preferable that such a declaration be made in writing.

The second option provides for the temporary transfer of a book from the place of main work and registration of an entry in a company where the employee is listed as a part-time worker. Both options for such an operation require some time and it is rather problematic to carry them out on the same day with the issuance of a dismissal order.

The record itself is made similarly to the record of the dismissal of an employee from the main place of work. In this case, it is imperative to write the reason for dismissal and indicate that the work was carried out part-time.

Final settlement with a partner

If the time for making an entry in the part-time work book can be somehow extended, then there should be no delay in issuing the payments and compensation due to him. All due amounts must be paid strictly on the day the employment contract with him is terminated (Article 140 of the Labor Code of the Russian Federation).

Such payments, as in the case of full-time employees, include:

Salary for the days worked in the last month.
Compensation for unused vacation.

And also, in addition to settlement payments, a part-time job on the day of dismissal is supposed to hand over a dismissal order and income statements. In addition to these mandatory documents, the employee may be issued, at his request, other documents confirming his work experience in combination: job transfers, gratitude, bonuses, and so on.

It should be noted that a delay in the due payments may lead the employer to impose penalties on him in the form of interest for each day of delay (Article 236 of the Labor Code of the Russian Federation).

The dismissal of a part-time job is not as simple as it seems at first glance. The procedure for terminating an employment contract with part-time workers is strictly regulated by law. It requires careful study and a serious approach.

Dismissal during internal part-time employment 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 is significantly different. It is important to take into account all the provisions of the law when dismissing an employee, regardless of its reason. Even an employee dismissed of his own free will can go to court if, for example, the dismissal was carried out incorrectly, or all the required calculations were not made with him. In any case, the dismissal of an employee from an internal part-time job does not mean his dismissal from the main position.

Dismissal of an internal part-time worker

In order to understand the features of the dismissal of an internal part-time job, you need to consider what constitutes an internal part-time job. An internal part-time worker can be the main employee of the organization who performs additional work at the same enterprise in his free, non-working hours. That is, these labor functions should not be intertwined with the main ones that the employee performs at this enterprise.

Registration for the position of a part-time job takes place at the same enterprise, by entering information that this employee has been accepted for the position of a part-time job for an internal part-time job, the number and date of the order on the basis of which the employee was accepted as an internal part-time job. That is, the procedure remains the same - it is necessary to issue an order.

It is also necessary to dismiss an internal part-time worker, by order. The only difference is that such an employee does not leave the main workplace. 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 worker who works at the same enterprise in the main position, indicating the reason for such dismissal. Requirements for registration of dismissal, entering information and wording into the labor, on the basis of an order, are also regulated by labor legislation.

Reasons for dismissal of an internal part-time worker

There are both general reasons for the dismissal of an internal part-time job, as well as additional ones. The general ones include those established by Article 77 of the Labor Code. It is possible to dismiss a part-time worker working under an employment contract at an enterprise on the following grounds:

at the request of this internal part-time worker, remain only in the main position;
as agreed between the employer and the part-time worker, by drawing up an agreement in writing;
if the period for which the contract was concluded with the part-time partner has expired, and the parties have not agreed to continue it;
by order of the head (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, to reduce, etc.);
when transferring or transferring an employee 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 himself refuses to continue working in this position, due to some changes: for example, in the organizational form of the enterprise, a change in management, a change in the terms of an employment contract, etc .;
if the employee cannot perform the duties of an internal part-time job due to his health, which is confirmed by a medical report, and the employer cannot change the working conditions of the part-time job to 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 referred to in Art. 83 TC;

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. It is impossible to dismiss for this reason a pregnant employee who works part-time. Until the end of the pregnancy.

If a part-time worker was hired under a fixed-term employment contract, when there is no need for a main employee, for example, for work related to seasonal work at an enterprise, or to perform a job strictly defined by an employment contract, the employment contract with him is terminated, which is recorded into labor. At the same time, the employee continues to work at the main job.

The procedure for dismissal of an internal part-time worker

Internal part-time workers, like external ones, have the same labor rights and guarantees as the main employees. The internal part-time worker, in addition to the additional salary that he receives, also has the right to leave, the right to stay 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 the dismissal occurs at the request of an employee who, for one reason or another, no longer wants to be an internal part-time worker at this enterprise, but decided to remain only in the main position, then he must write an appropriate application. Warn the company about your desire to quit should be two weeks in advance. An employee has the right to quit on his own, either only from the position of a part-time employee, or from both the main position and the position in which he works as an internal part-time employee.

By writing an application, a part-time worker may, by agreement with the employer, not work out the allotted time, or go on vacation that he did not use. But it is important that this leave coincides with the leave for the main position. That is, if an employee has a vacation at a certain time according to the schedule, he must also take the vacation that is due to him as a part-time worker at this enterprise. Some employers sum up the vacation, by simply adding it up, and add an additional vacation to the main vacation.

But, if the employee, having served on vacation, which he was entitled to in his main position, considered it necessary not to use the leave due to him as a part-time employee, the employer must, upon his dismissal, compensate him for all unused vacations by this employee for the entire internal part-time job. The same right applies to those part-time workers who leave for other reasons (except for guilty actions).

Features of the dismissal of an internal part-time job

Few people pay attention to the deadlines and the procedure for making entries on the dismissal of a part-time job. Even in the case of internal part-time employment, the rules for dismissal, the rules for applying for the position of the main employee, remain the same as for the main one. The only difference is that the internal part-time worker has the opportunity to work at the same enterprise.

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

Then, certain problems arise if, say, the employer hires a part-time employee, the main employee. By law, such dismissal of a part-time worker is not allowed due to the admission of a main employee to this position. After all, the dismissed person is no longer a part-time employee, but a main and full-fledged employee. If he works at this enterprise as the main employee, and in his spare time, under an employment agreement, performs part-time labor functions, despite his desire, he may be dismissed 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 violating labor discipline. Acts, memorandums, and other documents confirming the fact of 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 the main place of work for a certain amount of time, and part-time, he works at a different time, as it should be, then, if the part-time worker does not appear at work (meaning that the part-time worker could leave work without warning, without good reason at the moment when he must perform the labor functions assigned to him by internal part-time work), dismissal of an internal part-time worker for absenteeism is allowed.

Dismissal of an internal part-time worker

Reasons for dismissal of an internal part-time worker

at the request of this internal part-time worker, remain only in the main position;
as agreed between the employer and the part-time worker, by drawing up an agreement in writing;
if the period for which the contract was concluded with the part-time partner has expired, and the parties have not agreed to continue it;
by order of the head (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, to reduce, etc.);
when transferring or transferring an employee 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 himself refuses to continue working in this position, due to some changes: for example, in the organizational form of the enterprise, a change in management, a change in the terms of an employment contract, etc .;
if the employee cannot perform the duties of an internal part-time job due to his health, which is confirmed by a medical report, and the employer cannot change the working conditions of the part-time job to 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 referred to in Art. 83 TC;

The procedure for dismissal of an internal part-time worker

Internal part-time workers, like external ones, have the same labor rights and guarantees as the main employees. The internal part-time worker, in addition to the additional salary that he receives, also has the right to leave, the right to stay 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.

Features of the dismissal of an internal part-time job

p> the Law does not exclude an opportunity to dismiss the internal part-time worker and for infringement of labor discipline. Acts, memorandums, and other documents confirming the fact of 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 the main place of work for a certain amount of time, and part-time, he works at a different time, as it should be, then, if the part-time worker does not appear at work (meaning that the part-time worker could leave work without warning, without good reason at the moment when he must perform the labor functions assigned to him by internal part-time work), dismissal of an internal part-time worker for absenteeism is allowed.

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 his spare time from his main job. An important point is that it is allowed to sign labor agreements regarding simultaneous work in two or more places, with an unlimited number of employers. In other words, part-time employment is a fairly well-known type of additional employment.

How to properly dismiss a part-time job 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 for the termination of employment relations, and Art. 288 describes additional reasons for terminating an employment agreement with part-time 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, the termination of the employment contract by a part-time worker is carried out in this 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 the 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. In order for this to be organized in the right way, two conditions must be observed:

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 notice in writing no later than 2 weeks before the specific date of suspension.

Dismissal under Art. 288 of the Labor Code of the Russian Federation, it 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 it is not necessary to forget and about the general rules of 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).

Does the employer have the right to dismiss a part-time worker without his consent in the absence of organizational, staff changes, guilty actions on the part of the employer?

I work as an internal assistant. The new boss believes that all his employees should work only for a rate in order to fully devote themselves, so to speak, to work. In this regard, I was invited to a personal conversation with the boss, where I was told that from February 01 of this year, an additional burden was removed from me.
Today is February 1st. I have not yet signed any dismissal order, but still I have a question, can a part-time worker be fired without his consent? I did not commit any guilty actions, I do my work in good faith, I have no disciplinary sanctions.

Of course, the employer can terminate the employment relationship with the part-time worker on his own initiative. But for this there must be sufficient grounds provided for by the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation).

In what cases can a part-time worker be fired without his consent?

Termination of an employment contract with a part-time worker, in the absence of consent on his part, is possible both on general and additional grounds.

The general grounds on which a part-time worker can be fired without his consent include:

The cases under Art. 81 of the Labor Code of the Russian Federation "". For example, a reduction in staff or headcount, an employee’s inconsistency with his position, a single gross violation of labor duties by an employee, and so on.
Fact (Article 71 of the Labor Code of the Russian Federation).
Additional grounds established for (Article 336 of the Labor Code of the Russian Federation).
Other additional grounds for termination of labor relations with representatives of a particular profession. These grounds are established by federal laws regulating activities in a particular area. For example, for non-medical use of narcotic substances, it can put an end to the career of a pilot or sailor.

An additional basis on which a part-time worker can be dismissed without his consent is established by Art. 288 of the Labor Code of the Russian Federation. An employment contract with a part-time job may be terminated if an employee is hired, for whom this work will be the main one. The part-time worker must be notified of this at least two weeks before the termination of the employment contract.

Summarizing
They can dismiss a part-time job without his consent, but this requires the existence of circumstances directly established by labor legislation. Unfortunately, employers are often confused, therefore they believe that “to remove part-time employment” it is enough to warn the employee about this fact. Incorrectly applying Part 4 of Art. 60.2 of the Labor Code of the Russian Federation, according to which the employer may cancel the order to perform additional work ahead of schedule by notifying the employee in writing no later than three working days