How to properly fire a part-time worker: legal grounds and formalization of the procedure. Dismissal of an internal or external part-time worker at your own request - what's the difference?

If an employee’s main place of work is at one enterprise, and his additional place of work is at another, this is an external part-time job, and when he works part-time within one company, it is an internal part-time job. This article will discuss the main points regarding the procedure for dismissing an employee working part-time.

The legislative framework

Legislation regulates all aspects of the relationship between employer and employee. Chapter 44 TC RF contains basic provisions that relate to the status of a part-time worker, procedures for signing and terminating an employment contract. It also contains guarantees and compensation.

IN Article 288 This chapter establishes the legislative basis for terminating employment relations with part-time workers.

The legislative framework in relation to employees performing additional part-time duties includes the relevant articles of the Labor Code. The same regulations apply as for exempting regular employees from work duties: Clause 2 of Article 60, Article 77, Article 81, Article 140, Article 261, Article 287 of the Labor Code of the Russian Federation .

Dismissal at your own request

In order to satisfy an employee’s request to dismiss him at his own request from the position he holds, the personnel officer must be aware of some nuances. We are talking about mandatory work for 2 weeks before dismissal. More precisely, you need to submit an application for upcoming dismissal 14 days in advance so that the employer has the opportunity to find a replacement for the quitter. Russian labor legislation provides for dismissal options related to the two-week work requirement:

by mutual agreement, work can be cancelled;
the working time can be reduced due to the employee’s admission to an educational institution;
the employee has the right to ask to be dismissed without working in connection with retirement (retirement);
due to a change of residence of the dismissed part-time worker, the work service is cancelled;
if the employer has committed violations of labor laws, the employee may resign from his position on the day the application is submitted.

Dismissal of an external part-time employee

The correctness of the dismissal procedure depends on the legality of hiring an external part-time worker. After submitting an application for a part-time position, the employee and the employer sign an employment contract. Next, a corresponding order is issued, and the employee becomes a legal external part-time worker. If after a certain period of time he expresses a desire to resign, the following points must be taken into account:

dismissal can only be done on working days;
the dismissed person is obliged to present a work book to make the appropriate entry in it (since this document is located at the employee’s place of main activity, he must borrow it for a while against signature);
illegal attempts by the manager to somehow deprive the dismissed person of financial payments due to him or to impose a fine or other penalty on him can easily be appealed in court.

If an external part-time worker decides to resign from his main position and intends to take up a full-time position in the organization where he previously worked as a part-time worker, he will have to go through the following procedure:

dismissal from the main position with an entry in the employment record;
resign from a combined position (provide a copy of the order, on the basis of which an entry will also be made in the work book);
submitting an application for admission as the main job to a position that he previously held as a part-time worker.

The employment agreement may contain a clause stating that the employee must work for a month before dismissal. However, the requirements of basic labor legislation are supreme, so an employee may disagree with the employer and submit an application not a month in advance, but 2 weeks in advance, and he will be absolutely right.

If the situation gets out of control and both parties find themselves in a difficult situation, there is a way out - contact a highly qualified lawyer.

Dismissal of an internal part-time worker

The algorithm for dismissing an internal part-time worker differs slightly from the standard procedure for dismissing regular employees: after submitting an application, an order is written ( F T8-a ) with the obligatory clarification of the main character - internal or external part-time worker. If he resigns only from a combined position, it is enough to notify the manager 3 days in advance ( Clause 2 of Article 60 of the Labor Code of the Russian Federation ).

In the event that an internal part-time worker intends to resign from both positions he holds, he must submit 2 applications 2 weeks before the date of dismissal. The employer grants his request, orders the personnel service or accounting department to make a full calculation for both positions and issue a work book ( Article 140 of the Labor Code of the Russian Federation ). According to the law, an employee can motivate his desire to quit each position for various reasons.

In the following article you can get more information about.

The initiator of dismissal is the employer

An employer may dismiss a part-time worker on his own initiative on the basis clause 8 of Regulation No. 43 presented in Art. 43/1 Labor Code . IN articles 40 And 41 reasons are indicated why dismissal can be carried out only after agreement with the trade union committee. Such approval is not required in the following circumstances:

complete closure of the enterprise;
the employee received a negative assessment based on the results of the probationary period;
reinstatement of a former employee to a part-time position;
absence of a trade union committee in the organization, or the dismissed person is not a member of the trade union;
an employee is caught stealing property;
hiring an individual employee for a combined position.

More information about termination of an employment contract at the initiative of the employer -.

In all other cases, the trade union is on the side of protecting the interests of workers, on whose decision depends whether the manager’s initiative will be satisfied.

You can sample a dismissal order. A dismissal order form is available.

Reduction of part-time worker (external and internal)

To avoid having to reinstate an employee to a part-time position, the manager must strictly follow the letter of the law. The procedure for laying off a part-time worker is not particularly difficult; it is identical to that used for all other cases of layoff. The manager notifies the employee of the upcoming layoff (free-form warning) 2 months in advance. The employee must read it and sign.

Before proceeding with the layoff procedure, the employer gives the employee the opportunity to take advantage of other vacancies. If there are no available jobs, then after 2 months the job is reduced, and the employee will now work at the same rate for the main position.

Dismissal under an open-ended contract

In the procedure for laying off a part-time worker, one nuance should be taken into account in which an employer can lay off a part-time worker working under an open-ended contract. The reason for this is the hiring of a key employee for a combined position. The part-time worker is notified 2 weeks in advance.

However, if the previous employee wrote a letter of resignation at his main place of work and declared his readiness to move to a combined position as his main work activity, in this situation the internal part-time worker cannot be laid off.

An employee who has entered into an open-ended contract with an employer can also terminate the employment relationship at his own request, which is drawn up according to the standard.

There are specific reasons, conditions, prohibitions and deadlines for terminating an employment agreement between an employer and an employee.

Reasons for dismissal

The list of presented categories of workers subject to dismissal includes: Article 77 of the Labor Code of the Russian Federation includes part-time workers. They apply to people in secondary employment who are allowed to be fired for the following reasons:

in connection with the liquidation of the organization;
when optimizing staffing levels with subsequent reductions;
for failure to comply with labor and production discipline;
expiration of contractual obligations;
for professional inconsistency (insufficient level of qualifications);
for health.

In real life, situations arise in which management initiates dismissal. For example, an unsatisfactory assessment based on the results of certification, absenteeism, coming to work while intoxicated ( Article 81 of the Labor Code of the Russian Federation ). The employer also has the right to dismiss a part-time employee if he has committed an immoral act, is dishonest, or is negligent in relation to the material assets of the enterprise, while being responsible for their safety.

If an employee feels that he has been unfairly treated, but does not have enough knowledge to resist, he can contact a legal agency for advice.

Restrictions on termination of an employment agreement

Article 261 of the Labor Code of the Russian Federation provides for the impossibility of dismissing part-time workers in the following categories:

pregnant women;
mothers raising young children (under 3 years old);
single fathers and mothers with children under 5 years of age;
an employee who supports 3 or more children and is the sole breadwinner.

These restrictions lose force if an employee from the listed categories has committed an unlawful, immoral act or has accumulated several penalties for violation of discipline.

Based on requirements Article 81 of the Labor Code of the Russian Federation , it is not permitted to terminate the employment relationship while the employee is undergoing treatment or on scheduled leave.

A part-time worker cannot be “thrown out” from work if he has signed a fixed-term contract with the employer ( Article 287 of the Labor Code of the Russian Federation), even if another employee is applying for his position, for whom this position would become the main one. It is permissible to terminate cooperation in such a situation only upon expiration of the contract.

Payments to a part-time worker upon dismissal

A dismissed external part-time worker claims to be employed, although there are often cases when the manager does not comply with these requirements, citing the conditions stated in the employment agreement. The employee must know his rights, which he can restore by going to court.

When a part-time employee is dismissed, this compensation is paid. If we are talking about an internal part-time worker, then such a payment is calculated taking into account the wages accrued for the part-time position.

If the manager decides to dismiss a part-time worker, when he is paid, the Article 44 Labor Code , which indicates the grounds for such payment and its amount.

IN clause 8 of Regulation No. 43 We are talking about the possibility of dismissing a part-time worker without paying severance pay if the position he holds has a special regime and conditions.

When dismissing a part-time employee, the employer is responsible for compliance with legal requirements. The specific features of regulatory documents require increased attention. Neglecting them can lead to a loss in court, where an employee who has been treated unfairly can turn.

Deadlines

The manager must adhere to the requirements for complying with the notification deadlines for the upcoming termination of employment agreements with the employee:

the part-time worker must be notified 2 weeks in advance if the dismissal is based on Article 288 of the Labor Code of the Russian Federation ;
3 days in advance, if the reason for the dismissal of a part-time worker is unsatisfactory completion of the probationary period;
2 months in advance if the combined position is being reduced or due to changes to the employment contract.

Strict adherence to the procedure for hiring and dismissing a part-time employee will help you avoid legal conflicts. The procedure for many actions is similar to that performed in relation to employees performing the main work, there are only some differences. You need to attach importance to every detail so as not to get into an intractable situation.

Dear readers, our specialists have prepared this material for you completely free of charge. However, the articles talk about typical ways to resolve issues in labor disputes.

But each case is individual and unique. If you want to know how to solve your specific problem - contact the online consultant form. It's fast and free.

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IMPORTANT: If the date of compilation is indicated, you do not have to indicate the date of dismissal. In this case, according to Art. 80 of the Labor Code of the Russian Federation, the employee will be dismissed in two calendar weeks. However, if the dismissal is due to the inability to continue working, the employee has the right to demand termination of the contract at any time convenient for him.

The application itself can be submitted in the following ways:

at a personal reception with the manager;
through the HR department;
through the office or other division of the enterprise involved in document processing;
by mail (for example, if the employee is on vacation or sick leave);
by fax.

Only one thing is important: the employer must receive this document, and the employee must have confirmation that he sent it.

Drawing up an order for the dismissal of an external part-time worker

Since voluntary dismissal is the employee’s right, the manager does not have the opportunity to create obstacles. He is obliged to issue a dismissal order. This document can be prepared in two ways.

Using the unified form T-8, approved by Decree of the State Statistics Committee of the Russian Federation No. 1 of 2004.
Using the company’s own form. The current Federal Law “On Accounting” gives organizations the right to develop their own forms based on primary accounting documentation.

The order must contain the following:

document number and date when it was drawn up;
Name of the organization;
full name, position and structural unit of the employee (if available, personnel number may also be indicated);
reason for dismissal: in this case, the order indicates Part 3 of Art. 77 of the Labor Code of the Russian Federation and decoding - “At one’s own request”;
basis - it will be an application, therefore this column indicates the date and registration number under which the document was recorded (if a number was assigned to it);
date of dismissal;
position, name and signature of the manager;
signature of the employee confirming familiarization with the order.

Read also: How to formalize the dismissal of employees during liquidation of an enterprise

The order can be prepared in advance. In this case, if the employee changes his mind about resigning, the document is canceled.

IMPORTANT: Based on the order, the company’s accountant prepares a calculation, which is made on the last day of work. However, since during external part-time work an entry is not made in the work book, it will not be issued accordingly.

Dismissal of an internal part-time worker at his own request

The procedure for dismissing an internal part-time worker is similar to that used when dismissing an external one. However, it must be borne in mind that here both jobs are located at the same enterprise, and therefore the part-time worker has the right to quit:

from a combined position;
from the main one, continuing to work only on the additional one;
from both positions at once.

Application methods

As with external part-time work, the employee submits an application. It can be submitted in the same ways:

personally (this is mainly practiced in small companies);
through the relevant divisions of the enterprise;
by mail, etc.

In this case, the resigning employee must also ensure that he has evidence that the application was submitted.

Drawing up an order for the dismissal of an internal part-time worker

Here, too, both the T-8 form, approved in 2004, and the enterprise’s own form can be used. In practice, such strips are rarely developed: unified forms are familiar, convenient and, although they have ceased to be mandatory, have not been canceled.

The order is prepared and signed in advance, since on the day of dismissal it must already be ready and signed by both the manager and the familiar employee.

Dismissal of a part-time worker without work

Art. 80 of the Labor Code of the Russian Federation provides that the employee submits an application no less than 14 calendar days before the date of dismissal. However, it is not necessary to maintain the warning period. An employee may be dismissed earlier in the following cases.

The employer wants to fire the part-time worker earlier, but he has no objections to this.
Dismissal occurs due to the impossibility of further work (for example, for health reasons or due to retirement due to age). In this case, the employee himself indicates when he should be fired.
There is a significant violation of the law, local regulations or contract terms on the part of the employer. Here, too, the employee has the right to decide when he wants to leave the workplace.

Tatiana Gezha,
Chief expert consultant at TLS-PRAVO LLC

In our difficult times, many workers seek to earn extra money and, in addition to their main place of work, take part-time jobs.

In accordance with Art. 60.1 of the Labor Code of the Russian Federation, employees have the right to enter into employment contracts to perform other work in their free time from their main job. You can conclude an employment contract with other employers (external part-time work), as well as with the employer for whom the employee is currently working (internal part-time work). It must be remembered that the conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law (Part 2 of Article 282 of the Labor Code of the Russian Federation). No one has the right to check or restrict an employee. Part-time workers have all the rights and obligations that are provided for by the Labor Code of the Russian Federation for
key employees of the enterprise.
Causes of labor disputes and procedure for dismissal
The employment contract with a part-time employee is terminated on the same grounds as provided for by the Labor Code of the Russian Federation for the main employee. As a rule, termination of an employment contract on general grounds is carried out without problems. However, the Labor Code of the Russian Federation provides grounds for terminating an employment contract, which is expressly provided for part-time workers.
This is Art. 288 of the Labor Code of the Russian Federation “Additional grounds for termination of an employment contract with persons working part-time.” In cases where a part-time worker who has entered into an employment contract with the organization for an indefinite period is fired in accordance with Art. 288 of the Labor Code of the Russian Federation, in order to hire an employee for whom this work will be the main one, labor disputes arise quite often in practice.
In order to dismiss a part-time worker on this basis, it is necessary to strictly follow the procedure for terminating the employment contract in accordance with Art. 288 Labor Code of the Russian Federation. First of all, the employer must notify the part-time employee of the intention to terminate the employment contract with him no later than two weeks before the termination of the employment contract ().
If the employee refuses to familiarize himself with the notice of upcoming dismissal, the employer will need to draw up an act of the employee’s refusal to familiarize himself with the notice of upcoming dismissal ().
By drawing up such an act, the employer receives proof that he has complied with the requirements of Art. 288 of the Labor Code of the Russian Federation and the dismissal was carried out correctly. Violation of the dismissal procedure in relation to a part-time worker, as a rule, is grounds for declaring his dismissal illegal. This, in turn, will entail the employee’s reinstatement at work. This is confirmed by the large number of labor disputes on this basis.
Arbitrage practice
1. Terminate according to Art. 288 of the Labor Code of the Russian Federation, only an employment contract concluded for an indefinite period is possible.
Thus, the Moscow City Court considered case No. 33-7266 on an organization’s complaint against an earlier court decision declaring the dismissal of employee Z. illegal under Art. 288 of the Labor Code of the Russian Federation from this organization. Employee Z. was hired by the organization as a dispatcher. A fixed-term employment contract was concluded with her for a period of one year. After 5 months, the employee was notified of her upcoming dismissal under Art. 288 of the Labor Code of the Russian Federation in connection with the provision of the position held by an employee for whom the work will be the main place of work. Z. refused to sign the notice, as evidenced by the corresponding entry on the notice. The employee was fired.
Resolving the dispute, the court of first instance came to the conclusion that Z.’s dismissal from his position was illegal under Art. 288 of the Labor Code of the Russian Federation, since dismissal of an employee on the specified basis is possible only if an employment contract is concluded with him for an indefinite period, while a fixed-term employment contract was concluded with Z., and therefore the employment contract with her could be terminated only on general grounds, provided for by the Labor Code of the Russian Federation, and she could not be dismissed under Art. 288 Labor Code of the Russian Federation.
Since Z.’s dismissal is illegal, the court of first instance, on the basis of Art. Art. 234, 237 of the Labor Code of the Russian Federation reasonably recovered in her favor wages for the period of forced absence and compensation for moral damage. The decision of the court of first instance was left unchanged by the judicial panel.
2. Dismissal of a part-time employee under Art. 288 of the Labor Code of the Russian Federation is possible only in the case of mandatory hiring of an employee for whom this work will be the main one.
M. filed a lawsuit against the organization for reinstatement at work and for the recovery of average earnings for the period of forced absence. M. worked in the organization as a part-time driver under an open-ended employment contract. He was dismissed from the organization in accordance with Art. 288 of the Labor Code of the Russian Federation, having previously received notice of termination of the employment contract in connection with the hiring of an employee for whom the work will be the main one. However, no one was hired to replace M.
This fact was confirmed during the trial. The defendant was unable to provide evidence in the form of an employment contract or employment order confirming that another employee was hired for the position of driver, for whom this work is the main one. Taking into account the above, the court of first instance came to the correct conclusion that M.’s dismissal was illegal and that he was reinstated.
In accordance with Art. 288 of the Labor Code of the Russian Federation, the dismissal of an employee working part-time is carried out only in the case of mandatory hiring of an employee for whom this work will be the main one. Consequently, in the absence of hiring an employee for whom this work will be the main one, the employee working part-time cannot be dismissed, otherwise it would mean an unreasonable restriction of the labor rights of persons working part-time.
As a result, the judicial panel of the Moscow Regional Court in case No. 33-6794 dated March 31, 2011 left the decision of the trial court unchanged.
3. If a part-time employee has terminated his employment relationship with the employer at his main place of work, then the part-time job does not become his main job. Thus, the appeal ruling of the Saratov Regional Court in case No. 33-1271 upheld the decision of the district court. Employee T. filed a claim against the organization for reinstatement in her position, as well as recovery of earnings for the period of forced absence and compensation for moral damage. The plaintiff worked in this organization part-time. Having resigned from the main place of work under clause 3, part 1, art. 77 of the Labor Code of the Russian Federation, she submitted an application to the personnel department stating that she had lost her main place of work and asked to resolve the issue of changing the status of part-time work to work at her main place of work.
However, the application for changing the status of work was returned to her and at the same time she was given a notice that the employee would be dismissed in connection with the hiring of an employee for whom this work would be the main one. Employee T. considered her dismissal illegal, citing the fact that due to the loss of her main job, she lost her part-time status and at the time she was given notice of termination of the employment contract, she did not have another permanent job. In her opinion, the employer in this case did not have the right to apply Art. 288 Labor Code of the Russian Federation.
Resolving the dispute, the judicial panel found the conclusions of the trial court to be correct. Having concluded an employment contract for part-time work, the employee acquires the corresponding status under this contract, which does not change automatically due to changes occurring at the main place of work, i.e. if the employee has terminated his employment relationship with the employer at the main place of work, then work at part-time work does not become his main job.
This conclusion follows from the content of Part 4 of Art. 282 of the Labor Code of the Russian Federation, according to which the condition of part-time work is a mandatory condition of the employment contract. The terms of an employment contract can only be changed by agreement of the parties and in writing.
4. You cannot fire under Art. 288 of the Labor Code of the Russian Federation, an employee who has a dependent minor child under 3 years old.
Employee G. worked part-time in the organization under an employment contract concluded for an indefinite period. She was fired under Art. 288 of the Labor Code of the Russian Federation in connection with the hiring of an employee for whom this work is the main one. G. herself considered the dismissal illegal, since a new employee, for whom this work would become the main one, had not been hired at the time of G.’s dismissal.
In addition, she could not be dismissed due to the provisions of Art. 261 of the Labor Code of the Russian Federation, because he has a minor child. G. asked to reinstate her at work, to recover wages for forced absence, and the amount of compensation underpaid upon dismissal for unused vacation.
In resolving the dispute, the court of first instance indicated that G. has a dependent child under three years of age - a son. Moreover, the provisions
Art. 261 of the Labor Code of the Russian Federation prohibits the dismissal of women with children under 3 years of age at the initiative of the employer only on grounds in which there is no fault of the employee, which may also include dismissal on the basis of the provisions of Art. 288 of the Labor Code of the Russian Federation (in case of hiring an employee for whom this work will be the main one). G.’s dismissal cannot be considered legal, and she is subject to reinstatement at work on a part-time basis.
It is also necessary to remember that termination of an employment contract in accordance with Art. 288 of the Labor Code of the Russian Federation refers to dismissal at the initiative of the employer, therefore it is prohibited to dismiss an employee on this basis during the period of his temporary disability or while on vacation (Part 6 of Article 81 of the Labor Code of the Russian Federation). In addition, the court analyzed the documents presented by the defendant and came to the rightful conclusion that at the time of the plaintiff’s dismissal, in fact, a new employee, for whom this work is the main one, was not hired. As a result, the appeal ruling of the Lipetsk Regional Court in case No. 33-2698/2013 dated 10/09/2013 upheld the decision of the district court.

Annex 1

Sales manager
Andreev V.V.

NOTICE dated September 10, 2015 No. 21
On termination of an employment contract

Dear Vadim Viktorovich!

In accordance with Art. 288 of the Labor Code of the Russian Federation, we notify you that the employment contract No. 16/13 dated May 14, 2013, concluded with you on a part-time basis, will be terminated on September 25, 2015 in connection with the hiring of A. S. Inozemtsev, for whom this work will be the main one.

General Director Petrov /P. P. Petrov /

The notice has been reviewed by: manager Andreev /V. V. Andreev/

Appendix 2

Limited Liability Company "Solnyshko"
10.09.2015

№ 54
Moscow

about the employee’s refusal to receive a signed notice of impending dismissal on September 10, 2015 at 2:20 p.m. in office No. 302 (office of the HR department) in the presence of the head of the HR department L.N. Stepanova, the head of the sales department A.P. Solovyov and legal adviser A.V. Lukin, the manager of the sales department V.V. Andreev (who works part-time) was asked read the notice dated September 10, 2015 No. 21 about the upcoming dismissal in connection with the hiring of employee A. S. Inozemtsev, for whom work as a sales department manager will be the main one.
V.V. Andreev, without explaining the reasons, refused to receive his own copy of the notice. He also refused to familiarize himself with this notice against signature. Head of the HR Department L. N. Stepanova in the presence of V. V. Andreev, Head of the Sales Department
A.P. Solovyov, legal adviser A.V. Lukin read the notice out loud.

Head of HR Department Stepanova /L. N. Stepanova/

V.V. Andreev refused to familiarize himself with the act. Head of HR Department Stepanova /L. N. Stepanova/
Head of Sales Department Soloviev /A. P. Soloviev/
Legal consultant Lukin /A. V. Lukin/

The legislative framework

IN Article 288 This chapter establishes the legislative basis for terminating employment relations with part-time workers.

Dismissal at your own request

by mutual agreement, work can be cancelled;
the working time can be reduced due to the employee’s admission to an educational institution;
the employee has the right to ask to be dismissed without working in connection with retirement (retirement);
due to a change of residence of the dismissed part-time worker, the work service is cancelled;
if the employer has committed violations of labor laws, the employee may resign from his position on the day the application is submitted.

Dismissal of an external part-time employee

dismissal can only be done on working days;
the dismissed person is obliged to present a work book to make the appropriate entry in it (since this document is located at the employee’s place of main activity, he must borrow it for a while against signature);
illegal attempts by the manager to somehow deprive the dismissed person of financial payments due to him or to impose a fine or other penalty on him can easily be appealed in court.

dismissal from the main position with an entry in the employment record;
resign from a combined position (provide a copy of the order, on the basis of which an entry will also be made in the work book);
submitting an application for admission as the main job to a position that he previously held as a part-time worker.

The employment agreement may contain a clause stating that the employee must work for a month before dismissal. However, the requirements of basic labor legislation are supreme, so an employee may disagree with the employer and submit an application not a month in advance, but 2 weeks in advance, and he will be absolutely right.

If the situation gets out of control and both parties find themselves in a difficult situation, there is a way out - contact a highly qualified lawyer.

Dismissal of an internal part-time worker

In the following article you can get more information about voluntarily dismissal of an employee.

The initiator of dismissal is the employer

An employer may dismiss a part-time worker on his own initiative on the basis clause 8 of Regulation No. 43 . presented in Art. 43/1 Labor Code . IN articles 40 And 41 reasons are indicated why dismissal can be carried out only after agreement with the trade union committee. Such approval is not required in the following circumstances:

complete closure of the enterprise;
the employee received a negative assessment based on the results of the probationary period;
reinstatement of a former employee to a part-time position;
absence of a trade union committee in the organization, or the dismissed person is not a member of the trade union;
an employee is caught stealing property;
hiring an individual employee for a combined position.

In all other cases, the trade union is on the side of protecting the interests of workers, on whose decision depends whether the manager’s initiative will be satisfied.

You can download a sample dismissal order here. The dismissal order form can be downloaded here.

Reduction of part-time worker (external and internal)

Dismissal under an open-ended contract

An employee who has entered into an open-ended contract with an employer can also terminate the employment relationship at his own request, which is drawn up according to the standard.

Termination of an employment contract with a part-time worker

There are specific reasons, conditions, prohibitions and deadlines for terminating an employment agreement between an employer and an employee.

Reasons for dismissal

in connection with the liquidation of the organization;
when optimizing staffing levels with subsequent reductions;
for failure to comply with labor and production discipline;
expiration of contractual obligations;
for professional inconsistency (insufficient level of qualifications);
for health.

If an employee feels that he has been unfairly treated, but does not have enough knowledge to resist, he can contact a legal agency for advice.

Restrictions on termination of an employment agreement

Article 261 of the Labor Code of the Russian Federation provides for the impossibility of dismissing part-time workers in the following categories:

pregnant women;
mothers raising young children (under 3 years old);
single fathers and mothers with children under 5 years of age;
an employee who supports 3 or more children and is the sole breadwinner.

These restrictions lose force if an employee from the listed categories has committed an unlawful, immoral act or has accumulated several penalties for violation of discipline.

Based on requirements Article 81 of the Labor Code of the Russian Federation . It is not permitted to terminate the employment relationship while the employee is undergoing treatment or on scheduled leave.

A part-time worker cannot be “thrown out” from work if he has signed a fixed-term contract with the employer ( Article 287 of the Labor Code of the Russian Federation), even if another employee is applying for his position, for whom this position would become the main one. It is permissible to terminate cooperation in such a situation only upon expiration of the contract.

Payments to a part-time worker upon dismissal

A dismissed external part-time worker claims compensation for unused vacation. although there are often cases when the manager does not comply with these requirements, citing the conditions stated in the employment agreement. The employee must know his rights, which he can restore by going to court.

If the manager decides to dismiss a part-time worker, when paying him severance pay, the Article 44 Labor Code . which specifies the grounds for such payment and its amount.

IN clause 8 of Regulation No. 43 We are talking about the possibility of dismissing a part-time worker without paying severance pay if the position he holds has a special regime and conditions.

A part-time employee cannot be fired simply because the employer does not need his services. An employment contract can be terminated with a part-time worker only if it was concluded for a certain period and it has expired.

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In other cases, a fact-based basis is required on which the employee is forced to terminate the employment relationship with the employer.

The initiator of dismissal can be the part-time worker himself if he does not want to continue working for personal reasons.

The legislative framework

A part-time worker is subject to all the rules that are used to regulate legal relations between an employer and an employee in the main position.

The legislator has provided for some legal features for part-time workers. Chapter 44 of the Labor Code of the Russian Federation is dedicated to this.

Grounds

A part-time employee can be fired:

if another employee was hired in his place, for whom this work will be the main one;
part-time employee;
employer, including branch;
number of personnel;
between the parties.

Lack of need for the services of a part-time worker cannot be grounds for dismissal.

If the workplace is subject to abolition, then, if possible, the part-time worker should be offered another job.

Dismissal of a part-time worker

The dismissal of a part-time worker is formalized by order. Guarantees and compensation for part-time workers who combine work and study, as well as employees with this status in the Far North and equivalent territories, are provided at their main place of employment.

In other situations, the part-time worker is paid compensation that is provided for by law, labor and collective agreement.

External

An external part-time worker works simultaneously in different organizations. Dismissal is carried out according to the usual procedure.

The employee has the right to count on vacation, which must be provided with vacation at his main place of work.

If vacation is not used, it will be compensated in full.

Internal

An internal part-time worker holds two jobs in one organization.

It should not be confused with combination, when an employee performs different duties within the same schedule.

For part-time work, it is necessary to have 2 or more schedules, 2 salaries, etc. By dismissal from the main position, the employee terminates the part-time job, except in cases where the employer cannot offer a part-time position as the main one.

Part-time dismissal can be carried out at the request of the employee. Then he does not lose his main position and continues to work in accordance with the employment contract.

Guarantees and compensation to internal part-time workers are provided in full.

At your own request

A part-time employee must write a statement no later than 2 weeks before the termination of the employment relationship. In the document, he asks the employer to relieve him of his work duties.

Indicating the reasons and motives for the decision is not necessary, but the employer can ask about this orally.

At the initiative of the employer

Dismissal at the initiative of the employer is possible if the employee:

grossly violated discipline;
made repeated absences;
stole cash and other valuables from the workplace;
committed an immoral act;
lost the trust of the employer;
violated labor discipline.

Facts of gross violation of labor discipline must be documented.

Upon dismissal by the employer, no compensation is paid to the employee, but payment for the days actually worked must be paid.

By agreement of the parties

Termination of the contract by agreement of the parties is carried out by mutual consent.

Guarantees and dismissal procedures are provided in full in accordance with dismissal at the main place of work.

By staff reduction

Dismissal due to staff reduction is carried out with a warning of at least 2 months before termination of the contract.

Payment of compensation is carried out 2-6 months in advance and depends on whether the employee is registered with the employment service and whether he has found a new vacant position.

Due to insufficient qualifications

If an employee fails to pass the next certification, he is subject to dismissal.

If it is impossible to find employment with the employee, the employment contract is terminated and he is paid a settlement.

When hiring a permanent employee

If a new employee is invited to work, for whom the position will be the main job, then the part-time employee must be fired.

The employer must notify the employee of hiring an employee no earlier than 2 weeks in advance. This cannot be done if a fixed-term employment contract has been concluded with the part-time worker.

By disability

Dismissal due to disability is possible only if the part-time worker cannot actually work for medical reasons. The mere fact of issuing an ITU certificate is not considered grounds for termination of the employment agreement.

An employee’s contract may be terminated if he or she does not undergo a routine professional medical examination.

Registration procedure

Dismissal is formalized by order of the director of the organization. If the termination of a part-time employment contract is carried out at the will of the employee, then he must fill out an application and send it by registered mail, or submit it to the personnel department in person.

Submitting an application

Issued in the name of the employer. The document must be signed by the employee. There is no single application form. It can be formulated freely.

Order

Issued on the date of dismissal of the part-time employee. He must be paid a settlement and his work book returned.

The work book is returned if the employee resigns from his main position and at the same time ceases to work as an internal part-time worker.

Entry in the work book

Part-time work at one's own request is carried out at the request of the employee.

He must temporarily take the work book from his main job and provide it to the employer at the place of his part-time job.

Deadlines

Warn about the dismissal of a part-time employee, on the basis of the Labor Code of the Russian Federation - Art. 288, the employer must no later than 2 weeks in advance.

The same period applies if the part-time worker leaves of his own free will.

If part-time work is terminated due to staff reduction or liquidation of the company, then employees must be notified 2 months before the termination of the employment relationship.

Payments and compensations

In 2019, the following mandatory compensations are provided:

in the amount of the average monthly salary (in case of staff reduction and liquidation of the organization);
payment of sick leave;
vacation compensation.

Labor and collective agreements may provide for other compensation. They are paid along with payment for all time worked.

Consequences of illegal dismissal

The part-time worker has the right to resolve the conflict in the ITS commission if it exists at the enterprise or the employer agrees to create it. You can contact the labor inspectorate, where they can provide free legal assistance.