Dismissal with internal part-time employment can occur on several grounds: 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 fired by on their own an employee may go to court if, for example, the dismissal was carried out incorrectly, or all the required calculations were not carried out 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 free, non-working time. That is, these labor functions should not be intertwined with the main ones that the employee performs in this enterprise.

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

It is also necessary to dismiss the 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 in the case of the dismissal of the main employee, it is necessary to dismiss a part-time worker who works at the same enterprise in his main position, indicating the reason for such dismissal. Requirements for registration of dismissal, entering information and wording in the labor, on the basis of an order, are also regulated by labor legislation.

Reasons for dismissing an internal part-time worker

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

  1. at the request of this internal part-time worker, stay only in the main position;
  2. by agreement between the employer and the part-time employee, by drawing up an agreement in writing;
  3. if the term for which the contract was concluded with a part-time job is over, and the parties have not agreed on its continuation;
  4. by order of the manager (for this there must be legitimate reasons, for example, absenteeism, violation of labor discipline, liquidation of the enterprise, or structural unit, where the part-time worker works, by contraction, etc.);
  5. when transferring or transferring an employee on his own initiative, for example, to another company, or to an elective position, which does not imply the possibility of part-time employment;
  6. if the part-time worker himself refuses to continue working in this position, due to some changes: for example, in organizational form enterprises, change of leadership, change of conditions employment contract etc.;
  7. if the employee cannot fulfill the duties of an internal part-time worker for the state of his health, which is confirmed by a medical certificate, and the employer cannot change the working conditions of the part-time worker to suit him;
  8. when the employer moves to another locality, if the part-time worker also refuses, he is transferred to another locality;
  9. under the circumstances specified in Art. 83 TC;

In addition to the indicated reasons, an internal part-time worker is dismissed if the main employee is hired for this position, which he holds as a part-time worker. For this reason, a pregnant employee who works part-time internally cannot be fired. Until the end of pregnancy.

If a part-time worker was hired under a fixed-term employment contract, when there is no need for the main employee, for example, for work related to seasonal work at the enterprise, or for the performance of a strictly defined labor contract, work, the employment contract with him is terminated, about which a record is made in labor. At the same time, the employee continues to work at his main job.

The procedure for dismissing an internal part-time worker

Internal part-time workers, like external ones, have the same labor rights and guarantees as the main employees. An internal part-time worker, in addition to the additional salary that he receives, also has the right to vacation, the right to stay on sick leave, the right to have guarantees and compensation upon dismissal. Dismissal from an internal part-time job should take place 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 a corresponding statement. The company should be warned about its desire to quit the job two weeks in advance. An employee has the right to resign on his own, either only from the position of a part-time job, or from the main position, and from the position in which he works as an internal part-time job.

Having written a statement, a part-time worker may, by agreement with the employer, not work out due time, or go on a vacation he didn't take. 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 a vacation that is due to him, as a part-time job at this enterprise. Some employers summarize the vacation, simply by adding it, and add an additional one to the main vacation.

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

Features of the dismissal of an internal part-time worker

Few people pay attention to the timing, and the procedure for making records of the dismissal of a part-time employee. Even in the case of an internal part-time job, the rules for dismissal, the rules for registering 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.

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

Then, certain problems arise if, say, an employer takes on a part-time job, a main employee. According to the law, such dismissal of a part-time employee is not allowed due to the hiring of a main employee for this position. After all, the dismissed is no longer a part-time employee, but a main and full-fledged employee. If he works in this enterprise as the main employee, and in free time, under an employment agreement, performs part-time labor functions, regardless of his desire, he can be fired by the employer if he decides to hire a permanent employee.

p> The law does not exclude the possibility of dismissing an internal part-time employee for violation of labor discipline. Acts, memoranda, and other documents confirming the fact of the violation must be drawn up about such a violation. Enough interesting case dismissal of an internal part-time worker for absenteeism. If he has to stay at his main place of work for a certain amount of time, and part-time, he works at a different time, as it should be, then, in the event of the non-appearance of the part-time worker to work (meaning that the part-time worker could leave work without warning, without for a good reason at the moment when he must perform the labor functions assigned to him by internal part-time work), dismissal from the position of an internal part-time worker for absenteeism is allowed.

Dismissal of a part-time employee of his own free will - this is the termination of employment, which is not the main one for the employee. We will talk about the types of part-time jobs, the procedure for dismissal from additional work and the specifics of its registration in our article.

Part-time dismissal of your own free will (concept and features)

The law allows a citizen to get an additional permanently paid job in his free time, which remains with him after fulfilling the duties provided for by the main employment contract. This work is a part-time job and can be carried out both within one organization (internal) and in a third-party company (external), according to Art. 60.1 of the Labor Code of the Russian Federation.

Dismissal of a part-time employee of his own free will is the termination of an employment contract concluded in the so-called additional work. This procedure is subject to the general norm of labor law, according to which the employee has the right to declare his desire to terminate the legal relationship with the employer at any time, warning of his intention at least 14 calendar days(part 1 of article 80 of the Labor Code of the Russian Federation).

Application form

Drawing up a part-time application is the first stage of the dismissal procedure. It can be handwritten or printed using technical means... In this case, the application may contain:

  • wording that clearly states the intention of the employee to quit;
  • indication of a specific date last day work;
  • personal signature of the employee indicating the date of the application.

In practice, the question of whether it is possible to accept a statement printed on a computer from an employee is very relevant. There is no direct prohibition in the legislation, and many organizations specifically approve printed application templates so that an employee can correctly draw up it. The Constitutional Court in its ruling of 22.03.2011 No. 394-О-О also indicated the absence in part 1 of Art. 80 of the Labor Code of the Russian Federation, the obligation to use one or another form of application (stencil, form or handwritten version). In this regard, we can talk about the legal equivalence of a handwritten letter of resignation and one printed with the help of technical means.

It is worth noting that the employee may not indicate the date of dismissal in the application - in this case, the termination of the employment contract will occur on the last working day of the second week of work. The date is only important if the employee needs to leave on a specific day (i.e., without work) if there are good reasons for this (when retiring, entering school, etc.).

Dismissal of a part-time worker without working off

The employee and the employer have the right to agree to formalize the dismissal without the statutory work or to reduce its term. However, if the employer is against letting the employee go earlier, then the part-time worker will have to perform his duties under the contract for another 2 weeks.

An exception to this rule will be provided for by Part 3 of Art. 80 of the Labor Code of the Russian Federation, the reasons for the occurrence of which the employer is obliged to formalize the dismissal by the date that the part-time worker indicated in his application:

  • enrollment of an employee for training;
  • retirement of a part-time worker on an old-age pension;
  • the employer's evasion from the implementation of labor law norms or their violation;
  • other circumstances that make impossible implementation part-time work in the future.

Dismissal of an external part-time worker of his own free will - how to fire correctly?

An external part-time worker is a full-time employee who works during the main time for one employer, and after the end of the work shift, performs labor functions for another. At the same time, a citizen has the right to conclude labor contracts with 2 or more employers at his own discretion (part 2 of article 282 of the Labor Code of the Russian Federation). In the text of the employment contract, the second (third, etc.) employer must indicate that the work for the employee is part-time (part 3 of article 282 of the Labor Code of the Russian Federation).

One of the main requirements for part-time jobs is to comply with the standard working hours. By general rule it should not exceed 4 hours a day. Only on those days when the employee is relieved of his duties at the first place of work, he can additionally work a full shift part-time (part 1 of article 284 of the Labor Code of the Russian Federation). The work of an external part-time worker is paid in proportion to the time that he worked. Wage may also depend on production or be determined by other conditions prescribed in the employment contract (part 1 of article 285 of the Labor Code of the Russian Federation).

Application methods

Having drawn up a letter of resignation, the employee must transfer it to the personnel department, accounting department or directly to the head of the organization in which he works part-time. The authorized person is obliged to accept the document and register it in the manner determined by the internal regulations of the organization. In order for the employee to retain proof that the application was submitted on a specific date, it is necessary to keep one copy with a mark of acceptance.

In the event that the employer refuses to accept the application, it should be sent using the postal service by registered mail with acknowledgment of receipt. This notification is returned to the employee with the signature of the employer's representative who received the letter (subparagraph "b", clause 10 of the rules for the provision of services, approved by order of the Ministry of Telecom and Mass Communications of the Russian Federation No. 234 dated July 31, 2014). but this way the notification is longer, since the two-week working period will begin only from the next day after the employer receives the letter, and not from the moment it was sent.

It is worth noting that a part-time worker can apply while on vacation or sick leave. These days will be included in the working period. A direct prohibition on dismissing an employee during a period of illness or vacation is established exclusively for the employer, that is, in the case when the initiative to terminate the employment contract comes from him (part 6 of article 81 of the Labor Code of the Russian Federation).

Execution of a dismissal order

On the last day of the part-time job, the employer is obliged to issue an order to terminate the employment contract with the employee. Until 01.01.2013 for all organizations operating on the territory of the Russian Federation, a single unified form of the order of dismissal No. T-8 was established (approved by the decree of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1). In connection with the adoption of the Law "On Accounting" dated 06.12.2011 No. 402-FZ, employers were able to apply their own form of order, developed within the organization.

Regardless of which of the forms the employer's representative fills out (when drawing up an order in a free form the best option will be issued on the letterhead of the organization), the order should contain the following:

  • employer name;
  • serial number of the document, date of its preparation;
  • data of an employment contract with a part-time employee (date of signing and number);
  • information about the number of times the termination of the contract is drawn up (i.e. dismissal);
  • Full name and position of the dismissed part-time worker;
  • the grounds justifying the termination of the employment contract (the text of this line should be formulated in strict accordance with clause 3 of part 1. of article 77 of the Labor Code of the Russian Federation);
  • reference to the documentary basis for dismissal (in this case, this is the employee's statement indicating the date of its preparation);
  • the signatures of the manager and part-time worker, as well as the date of familiarization with the order, which the employee must put in his own hand.

The execution of the order by an authorized employee, its signing by the head and familiarization with the document of the leaving employee of the organization confirm the fact of the final completion of the part-time job with the employer.

Dismissal of an internal part-time worker of his own free will

An internal part-time worker is an employee who works for one employer under 2 or more employment contracts, one of which is the main one. At the same time, it is important not to confuse the concepts of "internal combination" and "combination of positions", since combination is an additional paid work within the framework of one employment contract and is formalized by drawing up supplementary agreement to the employee's contract with his written consent (Article 60.2 of the Labor Code of the Russian Federation).

The procedures for voluntary dismissal of both types of part-time jobs are identical. An employee working for one employer - both under the main employment contract and under an additional one - has the right to terminate any of them on a general basis or leave the organization altogether.

Note: in case of termination of relations with the employer under all employment contracts, the part-time worker must draw up separate applications (for each of the positions), work out the necessary periods and sign orders to terminate each contract.

Calculation of a part-time employee upon dismissal and issuance of a work book

Final settlement upon dismissal of internal part-time, as well as external, must be made according to the rules established by Art. 140 of the Labor Code of the Russian Federation, that is, on the last working day.

In this case, the employer is obliged to pay:

  1. The wages stipulated by the employment contract, in proportion to the time period worked, as well as other additional payments, which may be provided for in it (part 1 of article 285 of the Labor Code of the Russian Federation).
  2. Compensation for vacation not used by a part-time worker (part 1 of article 127 of the Labor Code of the Russian Federation).

If an internal part-time worker, along with an additional employment contract, terminates the main one, the calculation must be made in full for each of the contracts.

Registration of a record of part-time jobs in the work book

Making an entry in the work book about part-time jobs is not mandatory, but it is possible at the request of the employee. To do this, he must contact the personnel department or accounting department at the main place of work with a corresponding statement. The basis for making an entry will be a part-time employment contract (part 5 of article 66 of the Labor Code of the Russian Federation).

The work book is a form strict accountability, therefore, it should be stored at the employee's main place of work (clause 42 of the rules approved by the RF Government Decree No. 225 dated April 16, 2003). When a part-time worker is dismissed, he is not given a job. The responsible employee of the organization is obliged to return it personally to the employee on the day of the termination of his employment under the main contract (paragraph 35 of the above rules).

Thus, in order to quit on their own initiative, a part-time job (both internal and external) must be officially employed in the organization. An employment contract must be properly drawn up with him, the duration of his work shift must be determined, the amount of salary and other payments must be established. In the process of dismissal, the employee is obliged to correctly draw up an application and work out the due date. The employer, in turn, must dismiss the part-time worker on the last day of his work shift by issuing an appropriate order and making a full payment.

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

Sometimes there comes a moment when a non-main job ceases to suit a part-time job. In this case, the employee submits a letter of resignation at will (SJ). Dismissal of part-time workers almost does not differ from the standard dismissal for SJ.

Dismissal of your own free will

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

The procedure for dismissal is regulated by Art. 80 TC Russian Federation... According to the law, an employee submits a letter of resignation 2 weeks before leaving and no later. Last worker
day - the date of dismissal indicated on the application. It is interesting that an employee can leave at will even while on vacation or sick leave. You do not need to recall him from vacation.

Days after informing the employer are worked out according to the usual schedule, an employee cannot immediately leave the employer. If, before the expiration of the two-week line, the employee has changed his decision, he can withdraw the application and remain “in office”.

Documents, that is, a work book, copies of orders for admission and dismissal, a certificate of salary, etc., issued on the last day of working. At the same time, they pay back salary arrears or compensation (according to Article 127 of the Labor Code of the Russian Federation) for unused vacation. In fact, this day for the employee is the last chance to cancel the dismissal.

They are fired under the Labor Code, Art. 77. A note “dismissed of his own free will,” the third paragraph of the above article, is entered into the labor service. Additionally, they write the date and number of the order.

The term of work may be reduced or canceled altogether if:

  • both sides agree to cancel the two-week detention;
  • the employee has been enrolled in training;
  • the employee retires;
  • moves to another city or country;
  • the employer's actions were contrary to labor laws.

Internal part-time

Internal combination is used in order to optimize the state. This is a job for the same employer during free time from the main employment. It is used in three main cases:

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

Dismissal registration

The dismissal of an internal part-time employee of his own free will is not much different from the dismissal of the main employee. He also writes a statement, then they draw up an order for dismissal in the form of number T8-a. There is no indication in the document, external part-time or internal.

The order states:

  • Full name of the employee;
  • his position;
  • the personnel number of the resigning person;
  • date of dismissal;
  • the basis with the indication of the article of the Labor Code;
  • data on deductions or compensation;
  • signatures of the head and part-time worker in the appropriate columns.

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

  • about dismissal as the main employee;
  • below about dismissal as a part-time job.

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

External combination

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

Remuneration for part-time workers is calculated by the manager with the same allowances as for the main employees, but it cannot be less than the minimum established wage. A part-time worker must be at the place of work for a full day, therefore an employment contract is signed with the employee. It can be unlimited or for a specific period. It is the employee's personal choice to make a record of part-time employment or not.

Details on calculating vacation pay upon dismissal are contained here.

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

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

Upon dismissal, if an external part-time job was recorded, the employee is obliged to pick up the work book from the main job in order to make a mark about dismissal. It is entered at the place of dismissal, in contrast to the entry on the beginning of part-time jobs.

Terms of an employment contract that increase the term of service or impose sanctions upon dismissal, legal force do not have and contradict the legislation. For example, the contract prescribes a month's warning and wage losses upon dismissal at the initiative of the employee. But the resigning person still has the right to warn the management in accordance with the law, that is, 2 weeks in advance. Furthermore, he can go to court, pointing out a violation.

Calculation of the leave of an external part-time employee upon dismissal

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

As you can see, the differences in the dismissal of a part-time employee and a main employee are not large. Get your employees to abide by the law and do it yourself. Do not force them to resign of their own free will, because now this can be proven in court. Let the dismissal at the initiative of the employee remain so.

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

An employee performing his / her part-time job duties in mandatory is officially formalized for work by signing an employment contract with him, which means that part-time dismissal should take place in strict accordance with the provisions of the Labor Code of the Russian Federation.

Dismissal from a part-time job can occur due to the following reasons:

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

Dismissal initiated by a part-time worker

Termination labor relations with a part-time job on his initiative is about the same as the dismissal of the main employee: the part-time job draws up a letter of resignation, after which the employer puts his resolution on it. After that, a dismissal order is issued.

The part-time worker will have to work out the two weeks established by law, with the exception of the grounds exempting him from this obligation. In addition, like the main employee, the part-time worker can agree with the superiors to cancel or reduce this two-week period.

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

When it comes to the dismissal of an internal part-time worker who wants to give up additional work, but remain in the main position, he needs three days before failure additional responsibilities notify the employer about it.

If the employee plans to leave both jobs, terminating labor relations with this employer, then he is dismissed in general order... At the same time, two entries are made in the work book: first, they enter information on the main place of work, after which they make an entry regarding part-time work.

Dismissal on the initiative of the employer

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

The employer can decide to dismiss the part-time worker even in the case when the main employee is found for the part-time job. This can be done even when the employment contract is concluded without specifying the duration.

As with the main employee, an employment contract with a part-time worker can be terminated for gross or repeated violation of labor discipline, in particular, for absenteeism. It is about a situation when an employee was absent from work all day or more than four hours. In a situation where the working day of a part-time worker has a duration of less than four hours, then he can be fired for absence from the workplace on a certain date. The procedure for dismissal for absenteeism does not differ from the usual one and includes requesting an explanation from a part-time employee.

Part-time employees are beneficial to the company, since salary costs are slightly reduced. The part-time worker carries out his activities under an employment contract in his free time from the main employment. But a more qualified specialist may come to the place of a part-time employee, for whom the occupied place will be the main one. In addition, it may happen that an employee somewhere breaks discipline and ceases to suit you. The employee will have to be fired in accordance with labor laws. How to properly arrange the dismissal of a part-time employee? Step-by-step instruction and calculation with a part-time job is attached.

Features of the severance of labor relations

It is necessary to employ and fire a part-time person in the same way as any employee who works on a full-time basis. The differences will be insignificant and related to what type of part-time job the employee carried out and for what reason you fire him.

The combined position is internal and external. An internal employee takes a joint place in the same company where he is employed as a primary employee. An external one works in a main position in another company, and carries out a part-time job in yours. The employment record of the person who combines the position within the same company is stored in the archive of the personnel department. With external alignment, the book lies at the place of the main work.

There may be several positions occupied by a part-time worker; the law stipulates only that the employee must have enough time to sleep. At each place, an employment contract is concluded with a part-time employee, and the employee has the right to receive annual leave and bonus payments.

At each place, an employment contract is concluded with a part-time employee, and the employee is entitled to annual leave and bonus payments.

The cooperation agreement, under which the part-time job is carried out, is of two types: urgent (with a specific expiration date) or indefinite. When concluding an open-ended contract, the hired person has the right to quit without giving you any reason at any time.

Reasons for dismissal

Termination of labor relations with a part-time employee is carried out in accordance with the rules and regulations prescribed in Art. 80 of the Labor Code of the Russian Federation. Reasons for dismissal are subdivided depending on the initiator:

  1. At the employee's own request.
  2. At the initiative of the employer.
  3. By mutual agreement of the employer and the hired person.

Dismissals of an employee on your initiative may have the following grounds:

  • When accepting a main employee to a place that was occupied by a part-time employee;
  • The staff of the company requires a reduction.
  • The employee is transferred to permanent employees;
  • The term of the concluded labor contract has expired, and you do not intend to continue cooperation;
  • at the workplace (systematic absenteeism, tardiness);
  • Liquidation of the enterprise.

An employee can quit without giving any reason. The main thing is to notify the employer 3 days in advance so that a worthy replacement can be found for the position (ФЗ 30.06.2006 N 90-ФЗ, and 02.07.2013 N 185-ФЗ). If the employee takes vacation or is on sick leave when he made the decision to dismiss, he is obliged to write a statement and give it to you. He will receive the calculation together with the labor after his return. You will have to work 2 weeks after the vacation or the closing of the sick leave. Exemption from work can occur by mutual agreement with the employer. If during the period of working off the employee changes his mind about leaving, then he must withdraw his application and return to his position. But the employer has the right not to renew cooperation with him.

There is no difference whether you fire an internal or external part-time worker. The procedure is regulated by Labor Code RF.

You cannot fire a part-time worker on your initiative if he is on sick leave or on maternity leave (Labor Code of the Russian Federation 12/30/2001 N 197-FZ). It is necessary to wait for his return and then notify him of the upcoming dismissal 2 weeks in advance.

You can fire an outside employee simply by order. In the employee's personal file, the code of the reason for dismissal is entered, the work book is filled in at the request of the employer and employee.

The procedure for dismissing an internal part-time worker:

  1. The employee must notify about the upcoming dismissal 3 days in advance. If the dismissal occurs on your initiative, then a warning to the employee is made in writing 2 weeks in advance. If a person does not go to work without good reason, a warning is sent to him by registered mail. The moment it is received, it will be considered that the employee has been warned.
  2. An order is drawn up to terminate labor relations with a part-time worker according to form No. T8-a. In the order, it is not necessary to mark an external part-time employee quits or an internal one. The full name is indicated. employee, reason and date of dismissal, position and personnel number, information on withholding funds (compensation, additional payments), signature of the employer.
  3. A record of dismissal is made in the labor book. If the employee also leaves the main position, then 2 entries are made in the labor one: first the main one, then, from below, for the combined position. The reasons for dismissal from the main and combined positions can be indicated as the same or different.
  4. On the day of dismissal, the accounting department must issue the dismissed person with a calculation and compensation for the vacation.

The main difference between the dismissal of a part-time employee is in terms of vacation. The fact is that vacation at the main place of work and at the combined one should coincide, no matter how long the employee has worked. For example, employee N.N. Kislov decided to quit his job as a courier on 05/22/2018, and he was hired from 01/20/2018. At his main job, Kislov was given leave on 03/22/2018. They are also obliged to give him leave for positions in combination from 03/22/2018, but he did not take it. Despite the fact that the employee did not work for a part-time job for 6 months, upon dismissal he is entitled to material compensation for unused vacation. Payments must be made no later than 3 days after the date of dismissal. Otherwise, the former employee has the right to sue and you will have to pay him material compensation. The positions of a part-time employee and the main one upon dismissal of an employee count on different personal accounts.

If the part-time worker decided to do additional work as the main one, then first a letter of resignation from the combined place is written, a decree on termination of cooperation is issued, and only after that an open-ended contract is concluded for permanent place work. You can arrange an employee with a translation, then his work experience is not lost. During the transfer, an order is drawn up and an open-ended contract is concluded with the employee. A sample transfer order can be downloaded from the Consultant Plus program.

If the part-time worker has decided to do the additional work as the main one, then first a decree is issued on the termination of cooperation, and only after that an open-ended contract for a permanent place of work is concluded.

Dismissal for absenteeism is carried out on the basis of acts that are left in an arbitrary form, the consent of the employed person is not required. For every day of absence it is necessary to draw up a new act. The truant is notified of the impending dismissal or is awaiting his return.

Upon termination of an employment contract for the reduction of staff, the employee is paid a severance pay in the amount of 3 salaries.

An employee holding a part-time position is fired according to the same rules as other employees. The employee is obliged to work two weeks after the dismissal; this period cannot be extended. You can reduce working hours by mutual agreement between the employer and the employee, or completely release the dismissed from obligations. Enrollment in work book only needs to be done by the dismissed internal part-time, in case of external part-time, the recording is made at will. The main difference is in the calculation of the dismissed part-time worker. He is entitled to compensation for not working leave, even if the period of employment is less than six months. There are no other differences, and the procedure will not cause you any difficulties.