Dismissal procedure for internal part-time work. The procedure for dismissing internal part-time workers

When dismissing part-time workers, it is worth considering a number of features, although the procedure itself is not much different from dismissing other employees.

What rules for terminating employment relations with this category of employees apply in Russia? When terminating an employment contract with a part-time partner, it is important not to miss any details.

Indeed, despite the similarity of the procedure for dismissing main employees and people who work part-time, there are nuances that should not be forgotten.

Required information

First, let's define who a part-time worker is and what are the rules for hiring him. Only after we have sorted out this information can we move on to the specifics of the dismissal procedure.

Basic information

Employment of a part-time employee

Before accepting an employee, it is worth determining whether he works in difficult and dangerous conditions or drives vehicles.

After all, in this case, part-time work is impossible. But the following categories of workers cannot be part-time workers:

advocate;
judge;
Head of the organization;
minor;
police officers;
prosecutor;
municipal employee;
external intelligence officer;
security officers;
deputy

The procedure for applying for a job is no different from general cases. It consists of the following stages:

A number of certificates (identity card, documents confirming education) are prepared and submitted.
An employment agreement is drawn up according to general rules.
The leader publishes.
The person begins to fulfill his labor obligations.

The employment contract reflects:

date of conclusion;
Company name;
details of each party;
rights and obligations;
features of remuneration;
working conditions;
liability in case of violation;
duration of the contract;
when the contract can be terminated.

If, upon hiring an internal part-time worker, a valid contract is entered into, this will be considered a violation.

The establishment of a probationary period for a part-time worker is decided by the management of the enterprise. If this is prescribed, then it is carried out according to the general rules.

Legal regulation

The main document to rely on is the Labor Code ().

The list of situations when a person can be dismissed is in Art. 77, and the peculiarities of dismissal of a part-time worker are discussed in Art. 288.

Procedure for part-time dismissal

Grounds for dismissal of a part-time worker:

the decision of the employee himself;
by agreement of the parties ();
hiring a key employee for this position;
the company is being liquidated;
the state of his health has deteriorated (if it is known that the employee cannot perform this work);
enterprise and a decision was made to reduce this position.

These are the main reasons. Generally speaking, we can distinguish the grounds when a person independently wants to quit, and when the employer becomes the initiator of termination of the employment contract.

Dismissal is also possible on the grounds specified in Art. 77 Labor Code of Russia.

The process of dismissing a part-time worker differs from the general procedure, because the work book remains at the enterprise, which is the main place of work.

If an agreement is signed for an indefinite period, employers can dismiss part-time workers when a main employee is found in his place.

In this case, notice of dismissal must be sent 2 weeks before settlement. Dismissal process:

The employee writes a statement addressed to the manager.
The employer issues an order or notice of dismissal.
If there is such a need, they put a mark in the work book.

How to write an application correctly? There is no set pattern. General recommendations should be followed:

write a header indicating the addressee of the application and the employee’s details;
the very essence is stated - a request for dismissal;
signed and dated.

At the initiative of the employer

The employer has the right to decide to dismiss a part-time worker in the following cases:

At your own request

The procedure for dismissing a part-time worker is the same. He writes a statement, the company management prepares it. Then he will have to work for two weeks and be fired.

The obligation to work can be canceled if the parties decide so. It can also be reduced, again, if the employee and employer agree on this.

Every employee has the right to terminate an employment relationship. Moreover, he can do this at any time. And it doesn’t matter what kind of contract he works under - fixed-term or indefinite. This also applies to part-time workers.

This means that if a part-time worker asks about dismissal, the employer does not have the right to refuse and dismisses him in accordance with the Russian Federation.

An employee cannot be fired on a holiday or day off, even if the person was at work on that day.

After all, the employer is required to prepare a number of certificates and documents, and it is unlikely that anyone will be in the personnel and accounting departments on such a day.

When deciding to leave, a part-time worker must notify the management of the enterprise a couple of weeks before dismissal. The countdown of this period will begin from the moment the application is submitted.

But at the same time, the employee has the right not to be at work during this time. He has the right to stay at home, having issued a certificate of incapacity for work or leave. In this case, the dismissal period will not be changed or postponed.

Remember that the employer does not have the right to refuse to dismiss a part-time worker. This will be contrary to the law, as it will violate the employee’s rights.

During the period of service, a person may change his mind about quitting. In this case, he can withdraw the submitted application and continue to work.

But if his decision has not changed, then on the settlement day the employer will issue:

work book;
a copy of the orders;

Calculation can be made earlier (without waiting for the end of mining) if:

the employer and part-time worker have reached such an agreement;
the employee has been accepted to study at an educational institution;
the person resigns due to retirement;
a citizen moves to another city;
the employer has committed an action that is contrary to the law.

By staff reduction

Part-time workers have the same rights as main employees. This means that it is permissible to lay off such an employee in compliance with the general rules.

The dismissal procedure is as follows:

When reducing staff, they do not distinguish whether the main employee is an employee or a part-time employee. You cannot discriminate against a person on this basis.

If an employee's rights are violated, he has the right.

The employer has the right not to pay the part-time worker for another 2 months, since he still has his main place of work.

Is it possible without consent?

The employee's consent to dismissal is not required:

Formation of an order (sample)

When an employee holding a part-time position is dismissed, an order is issued.

The document should indicate:

Full name of the employee with whom the contract is being terminated.
His position.
Personnel Number.
Date of termination of the employment relationship.
A reference to the relevant legal norm and the reason for termination of the agreement.
Management signature.
Employee signature.

The order for the dismissal of an external and internal part-time worker is no different. Sample order:

Entry in the work book

On the day of dismissal, the employee must receive a work book with the corresponding entry. If a mistake is made, it should be corrected immediately.

The work book is filled out at the place of main work. But the employee must bring a document that confirms his dismissal.

The certificate must reflect the reason and justification for termination.

This may be a photocopy of the order or another certificate with reference to an article of the Labor Code of Russia, which regulates the grounds for dismissal.

Information about part-time work is entered into the work book if the employee wishes. But to do this, you should write an application addressed to the head of the human resources department, who is responsible for maintaining the work record book.

Such a statement is made arbitrarily. Data is entered into the labor report according to the same rules as for the employee at his main place.

When dismissing internal part-time workers, an entry is made in the work book, but they are not stamped and the person in charge does not sign. This does not apply to main positions.

What to do if a person leaves his main place of work and joins another company (where he was a part-time worker) full-time?

Then you need to adhere to this order:

If a person quits his main job, but remains an employee of the company where he worked part-time, only one entry is made in the employment record.

If a citizen later decides to quit his part-time job, the work book will be filled out in the same way by the company where he is employed as the main employee.

Emerging nuances

Let's figure out what you should remember when dismissing an internal and external part-time employee. We will also find out what payments such employees are entitled to.

For external part-time worker

Peculiarities of external part-time work - a person has the right to work part-time in an organization, even full time, but the total hours in this case should not exceed the number of hours at the main place of work.

The work books of such workers are kept at their main job, and an entry about part-time work may not be made in it.

If a person wishes to become a member of the main staff of the enterprise where he works additionally, he must go through the dismissal procedure for all places of work. Dismissal is carried out according to the standard scheme.

For internal part-time worker

Often, in order to optimize the staff, internal part-time work is used. Employers give their employees the right to work in another position during their free time from their main job.

Internal part-time work takes place:

when another employee is needed;
when an irreplaceable employee is not at work for a long time (he is on vacation, on sick leave);
if the staff is being reduced, but you need to hire someone who will fulfill the obligations of the dismissed persons

To dismiss a person who is an internal part-time worker, order T-8a must be issued. When resigning from a part-time position, a citizen can remain in his main position.

But if it is calculated in full, then the work book will reflect 2 entries - one about the dismissal of a part-time employee, the second - about the main employee. When making payments, 2 personal accounts are issued.

In connection with the hiring of a key employee

A part-time employee is dismissed upon hiring the main employee on the basis of the provisions of the Labor Code of the Russian Federation.

But such benefits do not apply to part-time workers (), the average salary will be paid in accordance with Art. 178 TK.

The procedure for dismissing a part-time worker is not much different from that carried out when terminating an employment contract with the main employee.

But, as you can see, there are little things that cannot be overlooked. Otherwise, you will violate the law.

Be careful when formalizing the termination of your employment relationship. And if you have any questions, you can always contact a specialist for advice.

In addition to the main job, any worker has the right to have a part-time job, which is otherwise called a part-time job. Additional tasks may come from either your current employer or an outside company. In the first case, the employee plays the role of an internal part-time worker, and in the second, an external part-time worker.

In some situations, dismissal of a part-time employee may cause some inconvenience.

The interaction between workers and employers is fully regulated by the Labor Code. All information regarding combined activities (conclusion of an agreement, available compensation and guarantees) is described in detail in Chapter 44 of the Labor Code of the Russian Federation. Information on how to dismiss a part-time worker, as well as the relevant grounds for this, are regulated by Art. 288 Labor Code.

Dismissal at the request of the employee

Dismissing a part-time employee at his own request is fraught with certain nuances that a HR specialist should know. The basic rule is that those leaving work for 14 days immediately before leaving. This requirement is quite legal, since management needs time to provide a replacement for the departing employee.

However, there are exceptions to the rules. These include:

Cancellation of work by mutual agreement of the parties.
Due to the employee’s enrollment in an educational institution.
Due to the retiring employee's retirement.
In connection with the worker’s move for permanent residence to another region.
Due to the presence of violations by management of the Labor Code of the Russian Federation.

In the latter case, the employee has the right to leave his position on the day he submits his resignation letter.

The listed options at the legislative level allow the worker to leave without working.

How to fire an incoming part-time worker

To ensure that dismissal of an external part-time worker at your own request does not cause trouble, you should initially correctly and legally conclude an employment agreement with him:

First of all, the applicant submits a corresponding application to management.
After approval of his candidacy for this position, an employment contract is concluded between the parties.
The issuance of an appropriate order makes the applicant a full-fledged part-time employee.

The manager should be aware of some subtleties in case the external employee decides to end this interaction. Here is their list:

You cannot terminate an employment agreement on a day off.
It is necessary to make a corresponding note in the work book of the person leaving. Since it is located in the HR department at the main place of employment, the employee should request it under signature for a while.
You should not try to deprive a part-time employee of the compensation due to him (impose any unjustified fines, etc.). These actions of unscrupulous employers are very easily challenged in court.

Sometimes an external employee quits his main job in order to later get a full-time job at the company where he took part-time work. To implement his plans, he will have to perform several actions:

Terminate the contract with management at the main place of employment. This procedure must be accompanied by a corresponding note in the labor document.
Leave the position you held as a part-time worker, making an entry in your employment record (a copy of the order will be required).
Submit a corresponding application to the organization where you were previously listed as a visiting employee.

Some employers mention in the contract the need for a month's work in case of leaving their position. If the worker does not agree with this requirement, he has the right to submit an application 14 days before his departure (the period established by law). In cases where controversial issues arise during dismissal, it is best to seek the help of a competent lawyer.

How to fire an internal part-time worker

This dismissal procedure is practically no different from the usual situation of termination of a contract. The basic rule is to make a corresponding note in the dismissal order (of an internal or external employee).

Please note: according to clause 2 of Article 60 of the Labor Code of the Russian Federation, in case of leaving a part-time position, it is enough to notify management about this 3 days in advance.

Sometimes the dismissal of an internal part-time worker can occur from both positions held by him. In this case, he must provide the manager with 2 relevant statements. Moreover, the reasons for this action indicated in them may vary.

The deadline for submission is 14 days before the expected date of departure. After the employer signs the necessary papers, the employee will be returned the work permit and paid for both positions held by him.

Dismissal at the request of management

The management of the organization has the right, at its discretion, to terminate the employment agreement with a part-time worker. The reasons for this may be the following:

Liquidation of the organization.
Failure of the employee to complete the probationary period.
Reinstatement of the previous employee.
Theft of company property by workers.
Hiring an individual for a position.

In other situations, the interests of the employee are protected by the trade union (with the exception of the absence of a trade union committee at the enterprise).

Reduction

The procedure is quite simple and does not require special rules. The reduction of a part-time worker occurs according to a similar scheme applied to all other employees.

The manager should warn the employee about the upcoming changes. This is done 2 months in advance and against signature. In this case, the employee has the right to take advantage of other available vacancies. If this is not possible, then after a reduction in the combined rate, the worker occupies only his main position.

Termination of an open-ended contract

If management hires a main employee for a part-time position, the part-time employee is notified in writing about this 14 days in advance. After the expiration of this period, it is reduced, despite the concluded open-ended contract.

However, this doesn't always work. You cannot lay off an internal part-time employee at your own request if it is planned to take an employee of the same organization in his place. If a fixed-term agreement is concluded between the employer and the part-time worker, the layoff procedure also becomes illegal. The dismissal of a part-time employee at his own request is quite acceptable and is formalized according to the usual templates.

Time frame

When terminating your employment relationship with a part-time worker, you must notify him of this in due time.

Upon termination of the contract on the basis of Art. 288 of the Labor Code, the part-time employee must be notified about this 14 days in advance.
If you are fired due to incompetence, it is permissible to give 3 days notice.
In case of reduction of a part-time position – 2 months in advance. The same applies to making adjustments to the employment agreement.

You can prevent any bureaucratic delays if you strictly comply with all requirements when employing a part-time employee. Often, all manipulations are identical to those carried out when hiring workers to their main place of work. The main thing is to pay attention to some differences.

A part-time worker is an employee who, in his free time from his main activity, performs the duties of another employee.

It involves performing primary and additional work in one organization, while the number of part-time jobs is not limited by law.

The labor activity of internal part-time workers is characterized by a special procedure for their hiring, placement and dismissal, in accordance with the Labor Code of the Russian Federation.

However, the rights of a part-time employee regarding termination of the employment agreement must be respected in full. The point is that the dismissal of employees who are on sick leave, maternity leave, or parental leave impossible! In such cases, the date of dismissal may be the day the employee returns to work, but not earlier.

The Labor Code of the Russian Federation defines 2 types of contracts concluded with internal part-time workers: and. The procedure for dismissing an employee will depend on the type of employment agreement.

When concluding a fixed-term employment agreement, an employee can be dismissed only after its termination.

Of course, gross violations of discipline or closure of an enterprise are valid reasons for terminating a fixed-term contract.

Termination of an open-ended employment contract is possible for a number of reasons. The first of them is hiring a permanent employee for a part-time position. In such a situation, it is necessary to notify the employee no later than 14 days before the planned date of termination of the employment contract.

In this case, it is necessary to take into account an important nuance: if at the time of dismissal of an employee from a combined position, he manages to terminate the contract for his main employment, then the combined position becomes the main one and dismissal in connection with the hiring of a permanent employee becomes impossible.

Reasons for dismissing internal part-time workers

An internal part-time employee may be dismissed for the following reasons:

At the personal request of the part-time worker;
Due to the hiring of a permanent employee for a combined position;
In connection with;
By reduction, if the manager decides to abolish this position.

If everything is clear with dismissal at the initiative of the employee himself, then termination of the contract at the request of the manager requires explanation.

Dismissal in connection with the hiring of a permanent employee is regulated by Article 288. Labor Code of the Russian Federation. According to it, the procedures for dismissing and hiring employees must be completed on the same day, i.e. the corresponding orders must be dated on the same day. In this case, the consent of the dismissed part-time worker is not required; the only requirement is to notify him 14 days in advance about the termination of the concluded contract, indicating the reason for this action.

Dismissal of a part-time employee due to gross violation of discipline is carried out on a general basis.

To terminate the contract for this reason, the fact of violation of discipline must be documented by the members of the special commission in the form of an act. Then the violator should be required to provide a written explanation and, in the absence of a valid reason, the dismissal procedure should be carried out.

Reduction of a position occupied by an internal part-time employee is also carried out on the same grounds as are common to all, with mandatory warning to the employee of the upcoming dismissal 2 months in advance. It is worth noting that termination of the contract due to the liquidation of a staff unit is impossible in relation to the following categories of citizens: pregnant women, members of trade unions and others provided for by the labor legislation of the Russian Federation.

Registration procedure

As mentioned above, the rights and responsibilities of internal part-time workers must be implemented in full. We are talking about the rights of a part-time worker to annual paid leave, sick leave, as well as monetary compensation and various social guarantees upon dismissal.

If an employee has decided to resign from an additional position, wishing to limit himself to his main job, he needs to write a corresponding statement, sending it to the manager two weeks before the desired date of dismissal.
After writing the application, the employee is obliged to work in his position for 14 days, however, by agreement with the employer, the period of service can be reduced or canceled altogether. Also, a part-time worker has the right to go on paid leave before dismissal, combining the remaining days of rest from the main and additional positions.

Employee payments

It is necessary to calculate the dismissal of a part-time worker on his last working day. The final payment includes:

wages for the period worked;
severance pay (if determined by labor legislation);
other compensation provided for by local regulations of the enterprise.

Paid leave compensation is due to all dismissed employees, regardless of who exactly initiated the termination of the employment agreement.

To determine the amount of compensation, it is necessary to multiply the average daily earnings for the last working year by the number of vacation days not taken off.

Payment of severance pay to a dismissed part-time employee is made in the following cases:

: one average monthly salary upon dismissal and two more salaries upon subsequent employment within three months after termination of the contract.
: The payout amount is the same.
Availability of conditions provided for in Article 178. Labor Code of the Russian Federation: average earnings for two working weeks.
Other situations, in accordance with the internal regulations of the enterprise.

Features of dismissal of protected categories of workers

The labor legislation of the Russian Federation guarantees certain categories of the population special conditions of registration for work, labor and dismissal.

Mothers who are on maternity leave to care for a child under 3 years old, mothers of young children (under 14 years old), minor disabled children and minor citizens have certain advantages.

The following rule applies to protected categories of citizens: their dismissal at the initiative of the manager is unacceptable, no matter whether they are part-time workers or work full time. By the way, part-time work for minor workers is illegal in principle!

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

Hiring and dismissing a part-time worker

The most important thing that an employer needs to remember is that a part-time worker is the same employee as everyone else, so his hiring and dismissal occur on a general basis. Registration of a part-time worker for a workplace is carried out in several stages:

a corresponding statement is written;
the parties sign an employment contract;
on the basis of an employment contract, an order or instruction is issued for the enterprise on hiring part-time work.

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

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

Employment contract

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

urgent - that is, to act until a specific date or until the end/beginning of certain events (for example, until an employee returns to work or repair work is completed in full);
unlimited – that is, without specifying deadlines (valid continuously until the employee decides to terminate the employment relationship with the employer).

It is the term of the employment contract that affects the dismissal of a part-time worker. Let's look at these questions in more detail.

Grounds for dismissal

The dismissal of a part-time worker (internal or external), as well as of main employees, occurs on a general basis. According to the law, employees who are on sick leave, vacation, maternity leave, or child care cannot be fired. The date on which an employee is dismissed cannot be earlier than the date of his return from vacation or the end of his sick leave.

Fixed-term contract

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

Permanent contract

If an open-ended employment contract is signed, the employer has the right to dismiss a part-time worker if a main employee is found in his place. In this case, notice of dismissal is sent in writing no later than two weeks before the expected date. In this case, the employee may have time to resign from his main place of employment, then the part-time activity will be considered the main one - even with part-time work - and the dismissal of the part-time worker at the initiative of the employer in connection with the hiring of the main employee can no longer be carried out.

Dismissal procedure

Since a part-time worker is a full-fledged employee like everyone else, he can be fired:

at your own request;
by agreement of the parties;
at the initiative of the employer (to reduce or change staff).

In the first two cases, everything is quite simple: an application for part-time dismissal is written, an order or order for the enterprise is drawn up, and, if necessary, a corresponding entry is made in the work book - in the event that there was a note about being hired for a part-time job. Such records are kept at the main place of work on the basis of relevant documents.

At your own request

Dismissal of a part-time employee at his own request occurs in the same way as the main employee: a statement is written, an order for the enterprise is prepared, the employee works the required two weeks. Working off a part-time job is mandatory, unless, of course, the employee has agreed with the employer to shorten the working period or cancel it altogether.

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

Retrenchment of a part-time employee

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

If an employee refuses the offered vacancies, he is dismissed due to staff reduction. In this case, severance pay must be paid in the amount of the average monthly salary, and these payments are retained by the employee for a maximum of two months, if during this period he is unable to find a job.

When dismissing a part-time worker, you must also take into account that it is impossible to lay off pregnant women, married women who are the only breadwinners, trade union workers (if the part-time job is related to trade union activities), as well as other categories of workers listed in the legislation.

Order to dismiss a part-time worker

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

last name, first name and patronymic of the employee;
job title;
Personnel Number;
date of dismissal;
grounds for dismissal and the corresponding article of the Labor Code;
information about payment of compensation or deductions;
signature of the head of the enterprise;
signature of the part-time worker indicating that he has read the order.

An order for the dismissal of an internal part-time worker is no different from an order for the dismissal of an external one - these features are not recorded in the document.

Vacation compensation

Before dismissing an internal part-time employee, it is necessary to calculate compensation for unused vacation days or deductions for overused vacation days. Since the part-time worker’s vacation must coincide with his vacation at his main place of work, he could well take vacation days from his part-time job in advance, so when he is fired, the appropriate amount must be withheld. An employee may not take leave from a part-time job during his main leave - in this case, unused days are compensated.

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 of the Russian Federation 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:

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.
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.
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:

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. The employment agreement with the dismissed part-time worker must 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 According to the Labor Code of the Russian Federation, the expectant mother is reliably protected from any inducement from the company management to terminate the employment relationship not at will. 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.