Order of dismissal of an external part-time worker of his own free will. Special grounds for the dismissal of part-time workers. Termination of an open-ended contract

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 is entered into labor on their own", The third paragraph of the said article. 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:

For safety reasons and by law, a second employee is needed. An example would be hiring your own worker as an additional, second electrician.
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.
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

Dismissal internal part-time voluntarily differs little 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. The document does not indicate whether it is an external part-time or an internal one.

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 on labor agreement the employee can notify the employer of the 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. Working day external part-time, as well as internal, 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 sign with the employee labor contract. 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 work book from the main job 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.

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 an employee who was dismissed at his own request can go to court if, for example, the dismissal was carried out incorrectly, or all the necessary calculations were not made with him. In any case, the dismissal of an employee from an internal part-time job does not mean his dismissal from the main position.

Dismissal of an internal part-time worker

In order to understand the features of the dismissal of an internal part-time job, you need to consider what constitutes an internal part-time job. An internal part-time worker can be the main employee of an organization who performs additional work at the same enterprise in his 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 Labor Code... It is possible to fire a part-time worker working under an employment contract at an enterprise on the following grounds:

at the request of this internal part-time worker, stay only in the main position;
by agreement between the employer and the part-time employee, by drawing up an agreement in writing;
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;
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.);
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;
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 management, change of terms of an employment contract, etc .;
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;
when the employer moves to another locality, if the part-time worker also refuses, he is transferred to another locality;
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. Internal part-time job, in addition to additional wages, which he receives, he also has the right to leave, the right to stay on sick leave, the right to have guarantees and compensation upon dismissal. Dismissal from an internal part-time job should 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.

The law does not exclude the possibility of dismissing an internal part-time worker 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 an internal part-time worker

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:

at the request of this internal part-time worker, stay only in the main position;
by agreement between the employer and the part-time employee, by drawing up an agreement in writing;
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;
by order of the head (for this there must be legitimate reasons, for example, absenteeism, violation of labor discipline, liquidation of an enterprise, or a structural unit where a part-time job is employed, for redundancy, etc.);
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;
if the part-time worker himself refuses to continue working in this position, due to some changes: for example, in the organizational form of the enterprise, change of management, change of the terms of the employment contract, etc.;
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;
when the employer moves to another locality, if the part-time worker also refuses, he is transferred to another locality;
under the circumstances specified in Art. 83 TC;

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.

Having written a statement, a part-time worker may, by agreement with the employer, not work out the allotted time, or go on vacation that he did not use. But it is important that this leave coincides with the leave for the main position. That is, if an employee has a vacation at a certain time according to the schedule, he must also take 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.

Features of the dismissal of an internal part-time worker

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 at this enterprise as a main employee, and in his free time, according to an employment agreement, performs part-time labor functions, regardless of his desire, he may 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. Quite an interesting case of the 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.

A part-time worker is an employee who, in his free time from his main job, regularly performs some kind of work during part-time work. A part-time worker can be internal or external. With internal part-time work, both the main and additional work are in the same company, with external part-time work, the main and additional work are at different enterprises. In this article, we will talk about how to properly fire a part-time employee and what nuances should be taken into account in this case.

Grounds for dismissal

The grounds for dismissing a part-time employee are exactly the same as for dismissing an employee at the main place of work.

At the same time, the dismissal of an external part-time worker is absolutely no different from the dismissal of an internal part-time worker.
You cannot fire part-time workers who are on sick leave, on vacation, on maternity leave or parental leave.

Termination of an employment contract with a part-time job

If a fixed-term employment contract was signed with a part-time employee, then it can be terminated only upon the expiration of its term. An exception to this situation are cases when the dismissal occurs due to a violation of labor discipline or with the complete liquidation of the enterprise.
If the employment contract was signed for an indefinite period, then the employer has the right to dismiss the employee part-time if the main employee was found in his place. In this situation, the employer must give notice in writing no later than two weeks before the expected date of dismissal. At the same time, the employee can quit his main job, then the part-time job will be considered the main one, and the dismissal of the employee at the initiative of the employer due to the fact that the main employee is found will be impossible.

The procedure for dismissing a part-time employee

The procedure for part-time dismissal is no different from the procedure for dismissing an employee at the main place of work.

A part-time worker can be dismissed of his own free will, by agreement of the parties or at the initiative of the employer (in connection with the reduction or change of staff).

In case of dismissal of an employee of his own free will or by agreement of the parties, the employee writes a letter of resignation, a dismissal order is drawn up, if necessary, a corresponding entry is made in the work book (if an entry was made in the work book about hiring part-time. Such a record is made according to the main place of work on the basis of the relevant documents).
Working off part-time dismissal is mandatory (unless the employee and the employer have reached an agreement on the absence of work or a reduction in the period of work).
The date of dismissal of a part-time employee cannot be a holiday or a working day, even if the employee worked on that day, since the employer must make the final settlement with the employee on the last working day.

Reduction of a part-time employee

The employee must be notified of this two months before the proposed reduction. At the same time, an order is issued to amend the structure of the enterprise and the staffing table. During these two months, the employer is obliged to offer the employee other vacancies. At the same time, the offered vacancies may have lower pay and require less qualifications from the employee. If the employee refuses the offered vacancies, then there is a layoff due to staff reduction.
In this case, the employee must be paid severance pay in the amount of the average monthly salary. These payments are kept for another two months, if during this period the employee will not be able to find a job.

When reducing part-time jobs, it must be borne in mind that you cannot fire pregnant women, persons who are the only breadwinner in the family, trade union workers (if the part-time job is related to trade union activities).

Order of dismissal of a part-time worker

Upon dismissal of a part-time employee, a dismissal order is issued. A concurrent dismissal order is drawn up in the T8-a form, it must contain the following information:
surname, name and patronymic of the part-time employee;
the position of a part-time worker;
the personnel number of the part-time worker;
the date of dismissal;
grounds for dismissal and the relevant article of the Labor Code;
information about the payment of compensation or about deductions;
the signature of the head of the enterprise;
the signature of the part-time worker that he is familiar with the order.

Vacation compensation upon dismissal of a part-time employee

Upon dismissal of a part-time employee, it is necessary to make a calculation of compensation for unused vacation days or deductions for overspent vacation days.

The vacation of a part-time worker must coincide with his leave at the main place of work, therefore, sometimes situations happen that a part-time employee takes a vacation in advance, in this case, upon dismissal, deductions for overspent vacation days are calculated.
If the part-time worker did not take part-time leave for the duration of the leave at the main place of work, upon dismissal he is compensated for the unused vacation.

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 of labor relations with a part-time employee on his initiative is about the same as the dismissal of the main employee: the part-time employee 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 to remain in the main position, he needs to three days before failure additional responsibilities notify the employer about it.

If the employee plans to leave both jobs by stopping labor Relations with this employer, then he is fired 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.