Labor law governs special order labor of part-time workers, their hiring, registration, and dismissal. There are several reasons for termination employment contract with such an employee at the enterprise: his own desire, agreement of the parties, as well as dismissal associated with the initiative of the enterprise. The dismissal of a part-time job at the initiative of the employer must take place exactly with the specified norms of the law, taking into account the specifics of the work - internal or external part-time job. Adhering to the procedure established by law is extremely important, since, most often, dismissal occurs with violations, which leads to litigation.

For example, with internal part-time work, the peculiarity is that the work book is stored at the same enterprise. Accordingly, this employer is responsible for entering information about the work of this employee into it. In addition, when resigning from the position of a part-time job, he does not lose the main position in which he is listed in the same company. And vice versa, having quit his main job at this enterprise, he does not lose the second position, which he performed in his free time.

Cases of dismissal of a part-time worker

You can dismiss a specialist who works in his spare time from his main job for the following reasons:

  • At the initiative of the employee;
  • Due to admission to this position main employee;
  • In connection with the liquidation of the enterprise;
  • If the state of his health does not allow him to work at this place;
  • By reduction, if the employer has decided to reduce this position.

These are the main situations when a part-time employee can be fired, as evidenced by common practice. If we summarize all these circumstances, then there are reasons initiated by the employer, and there are situations in which the employee wants to quit himself. He may also be dismissed on the grounds set forth in Article 77 of the Labor Code.

Consider how, and in what cases, an employment contract with a part-time job is terminated at the initiative of the enterprise.

Recruitment for the position of the main employee

The dismissal of a part-time job when hiring the main employee is regulated by the provisions of the Labor Code of the Russian Federation, and is an additional basis for terminating labor relations with employees. That is, in addition to the main reasons for terminating the contract, dictated by Article 77 of the Labor Code of the Russian Federation, there is also Article 288, which allows you to dismiss an employee if a main specialist is hired for this job.

But the rationale for the termination of the employment contract under Art. 288, is the fact of admission to this place of the main worker. Confirmation of such a reception may be an order that is issued simultaneously with an order to dismiss a part-time job. These orders must be dated, preferably with the same number, so that both admission and dismissal occur according to the law.

The same provision of the article obliges to warn the part-time worker about the impending termination of the employment contract and the reason for dismissal, two weeks before the issuance of the order. Of course, here the consent of the employee is not needed, since it is the right of the employer to accept the employee for whom this position will be the main one. The law does not indicate which part-time worker can be fired according to this wording, internal or external. Only there is a certain nuance: when an internal part-time worker is dismissed, he leaves this position, but remains in the main one, at the same enterprise. The external part-time worker leaves the place of work, remaining an employee of a completely different enterprise.

Another nuance that is incomprehensible to many personnel officers is how to deal with an internal part-time job when he leaves his main position, but remains in the second one. After all, then an employment contract should be concluded with him. But such a conclusion does not happen automatically, and the norms and rules of the law should be followed. In particular, one thing remains clear and unchanged - it is impossible to terminate an employment contract with a part-time employee due to the hiring of a main specialist for this position if he was dismissed from the same enterprise as the main employee. First, you need to offer this job to him as the main one, and then offer this position to other specialists.

Dismissal for violation of labor discipline

In addition to the fact that an employee can be dismissed at the initiative of the enterprise if a main employee is hired in his place, the law also establishes the general grounds for dismissal of a part-time job, among which violations of labor discipline can be distinguished. For example, absenteeism, coming to work at drunk, systematic failure to fulfill labor duties, may serve as a reason for parting with an employee of the enterprise.

The dismissal of a part-time worker at the initiative of the employer for absenteeism occurs in the same order as the main workers. The only difference is that the work book external part-time worker is located at another enterprise, in the state of which he is considered the main one, and it is the main employer who must enter into it information about the termination of labor relations. Moreover, according to the Plenum Supreme Court Russian Federation, it is possible to dismiss a part-time worker for absenteeism, but the burden of proving the legitimacy of such an act lies with the employer.

First of all, it is worth finding out the reason for the absence of an employee at the workplace. Although, the fact itself must be recorded in writing in the form of an act of the established commission, which is formed on the basis of a memorandum from the immediate superior of such a specialist. The act indicates that a certain employee was absent from the workplace for a shift (after all, most often, the working time of a part-time job does not exceed 3 hours). And not showing up for a shift, regardless of its duration, is also considered, according to the law, absenteeism.

After the employee appears, you should require an explanatory note from him, in which he must indicate the reason for his absence from the place of work. If he refers to the validity of such a reason, then you need to request supporting evidence from him, for example, a certificate from the hospital, or from the police if he got into an accident. If a disrespectful reason is revealed, it is necessary to carry out an immediate dismissal, since the Code establishes deadlines for bringing to disciplinary responsibility.

Downsizing

With employees working part-time at the enterprise, an employment contract may be terminated due to a reduction in the number of staff or a structural unit. In this case, he will have to receive a severance pay, as a compensation payment, in the amount of the average monthly earnings.

p> Most practitioners argue about whether it is necessary to keep the average monthly salary for such an employee, as required by the Labor Code. Some argue that it is necessary, because for part-time workers the law establishes the same rights and guarantees of compensation payments. But others believe that this is not necessary, since he is already employed at his main place of work. What happens? Should he keep his average monthly salary for the next two months, or not?

Judicial practice confirms the right of the employer not to pay him the average monthly salary for another two months, if he has a main place of work. If, by the time the employment contract is terminated, the employee does not have another position, that is, remains unemployed, then he must receive not only severance pay, but also the average monthly salary two to three months before his employment.

Form of dismissal of a part-time worker

The procedure for terminating an employment contract is slightly different from the general one in that the work book is stored at another enterprise in whose staff he is listed as the main employee. Therefore, a completely reasonable question arises, who should fill out the work book when a part-time job is dismissed.

Registration takes place at the main place of work, taking into account the fact that the employee whose labor record is made must bring a document that confirms the dismissal, indicating the reason and justification for terminating the employment contract. It turns out that the dismissed person needs to bring a copy of the order or a certificate from the enterprise, where the wording and a link to the norm of the Labor Code of the Russian Federation, which regulates the basis for terminating the contract with the employee, will be written.

The company where the part-time worker worked is obliged to correctly complete the execution of the main documents, make all the necessary calculations on time, pay them in a timely manner and issue the requested certificates. The dismissed employee receives compensation for unused vacation, along with the salary, regardless of the reason for leaving the position. But in the event of a reduction in staff, or in case of liquidation, he must also receive a severance pay in the amount of at least the minimum established by law

How to fire a part-time worker at the initiative of the employer , is sometimes of interest to employees of the personnel department who have received the appropriate order from the management. In our material, we will consider the features of the dismissal of part-time workers and the rules for its execution.

Labor Code of the Russian Federation on the dismissal of a part-time employee by decision of the employer

The Labor Code of the Russian Federation contains a number of rules on part-time work and termination of an employment contract with such employees. Analyzing them, you can see that for the most part the process of dismissal of a part-time job does not differ from the dismissal of other categories of workers, although there are still some features.

At the same time, the differences largely depend on the type of combination, that is, on whether it is internal or external. In itself, part-time work is the performance of labor duties by an employee in another position during the time free from the main job. If the employee performs them within the same organization, then such a combination will be considered internal, if we are talking about different employers - external.

Separately (in Art. 60.2) the Labor Code of the Russian Federation highlights the combination. It should not be confused with part-time work, since labor duties in this case are performed within the framework of working hours in the same organization.

Grounds for dismissal of a part-time job (both external and internal) at the initiative of the employer

As mentioned above, the vast majority of grounds for terminating an employment contract are the same for all employees, including part-time workers. That is, at work at the same timeatemployer-initiated volition possible in the following cases:

  1. Liquidation or termination of the activities of the employer or a unit located in locality different from the location of the head office.
  2. State cuts.
  3. Identified by the results of certification of insufficient qualifications of a part-time worker.
  4. Repeated cases of non-performance by a part-time job, if there is an outstanding disciplinary sanction.
  5. A gross single violation by a part-time worker of duties, which are:
    • absenteeism;
    • appearing at work in a state of any kind of intoxication;
    • disclosure of personal data of employees or secrets that became known in connection with labor activity;
    • committing theft at the place of work;
    • violation of safety regulations that caused or could have caused serious consequences;
    • provision of false documents for employment.
  6. Loss of trust in connection with the commission of guilty actions by a part-time worker.
  7. Providing false information about income, non-settlement of conflicts of interest, etc., if such an obligation is imposed on the part-time worker by law by virtue of his position.
  8. Committing an offense contrary to moral standards, which is incompatible with further work in this position (relevant for teaching staff).

IMPORTANT! If an immoral act or other actions that led to a loss of confidence are not related to the employee’s work, he can be dismissed within a year from the moment such an offense was discovered (part 5 of article 81 of the Labor Code). All disciplinary actions of part-time workers are recorded in general order, that is, in the same way as the misconduct of other workers.

Separately, we single out the grounds for the dismissal of chief accountants, managers and deputy heads, which apply, among other things, to persons holding these positions concurrently:

  • change of ownership of the employer's property;
  • adoption of an unreasonable decision that caused the loss or illegal use of the property of the employer or causing harm to him.

The change of ownership of the employer's property does not become the basis for the dismissal of anyone other than the specified categories of employees. However, part-time workers holding other positions have the right to independently make such a decision - in this situation, dismissal will follow on the grounds provided for in paragraph 6 of Art. 77 TK.

IMPORTANT! The only ground for dismissal, which applies exclusively to part-time workers, is given in Art. 288 of the Labor Code of the Russian Federation - hiring an employee for whom the position held by a part-time job will become the main one.

Like other employees, part-time employees cannot quit at the request of the employer if they are on vacation or on sick leave.

Dismissal of an internal part-time worker due to staff reduction or due to insufficient qualifications

Dismissal of an internal part-time worker at the initiative of the employer based on the results of certification or staff reductions, they mostly occur without any special features. They, like other employees (including external part-timers), undergo certification in the manner prescribed by federal and local regulations, and are informed about the reduction in staff at least 2 months before the dismissal. However, they need to extend the provisions of Art. 81 of the Labor Code of the Russian Federation.

Difficulties arise only if the internal part-time worker has not passed certification in the main position. In such a situation, he must first be offered to take as the main position, which he holds part-time (provided that his qualifications correspond to it). Let's consider this situation in detail.

So, if the employee could not confirm his qualifications for the main position, the Labor Code of the Russian Federation obliges the employer to offer him another vacancy, to which it corresponds. If this is the position that the employee is currently holding internally, then he has the right to take it as the main one.

However, in such a situation, there is a certain legal conflict, since the employer cannot offer the employee a place occupied (albeit by him). It seems that for the correct execution of such a dismissal, it is necessary to first terminate the employment contract in combination, dismissing the employee by agreement of the parties or on the basis of Art. 288 of the Labor Code, and conclude a new one - on admission as a main employee.

Dismissal of a part-time worker in connection with the hiring of a new employee

Download order form

As the title of Art. 288 of the Labor Code of the Russian Federation, it can be applied exclusively to a part-time job, while there are no restrictions on whether it is internal or external. We are talking about dismissal in connection with the employment of another employee who will hold this position as the main one. For this reason, only a part-time worker who has concluded an open-ended employment contract with the employer is dismissed, while this basis is not applicable to employees under fixed-term contracts.

To comply with the dismissal procedure, it is necessary to inform the part-time worker about the upcoming termination of the employment contract at least 2 weeks in advance. He must work this time, unless otherwise agreed between him and the employer. The law does not give a strict form of notification, but in any case it should contain a reference to Art. 288 of the Labor Code of the Russian Federation, a clear expression of the intention to dismiss the employee and an indication of the date of termination of employment. In order to avoid challenging the fact of informing in court, it is worth drawing up a notice in 2 copies, one of which is transferred to the employee, and the second (with the signature of the dismissed person about familiarization) is kept by the employer.

After that, a dismissal order is drawn up. For convenience, the T-8 form can be used with the obligatory indication of Art. 288 of the Labor Code of the Russian Federation, numbers and dates of the notice of the upcoming break in labor relations.

Note: although dismissal under this article is not considered by the Labor Code as a basis for the payment of severance pay, this form of support for a dismissed employee may be provided for by an employment or collective agreement or other local regulatory act.

The procedure for dismissal of a part-time worker and its features

In general, the procedure for dismissing a part-time job remains the same as for other employees, and consists of 3 main stages:

  1. Fixing the existence of grounds for dismissal (drawing up acts on the discovery of disciplinary offenses, notices of staff reductions or the admission of an employee to this place as the main one, etc.).
  2. Issuing a dismissal order and familiarizing a part-time employee with it.
  3. Making an entry in the work book (at the request of the dismissed person), issuing all documents requested by the employee and making payments due to him.

Talking about how to fire an external part-time worker on the initiative employer, we note that the work book of such an employee remains at the main place of work and is not handed out to make a record of dismissal. Such information is entered into the work book at the request of the employee. To do this, you must submit a document confirming the dismissal to the personnel department at the main place of work.

The procedure for dismissal of an employee by combination

Art. 60.2 of the Labor Code of the Russian Federation provides for the possibility of imposing additional duties on an employee in another profession or position. Such duties are performed by the employee at the same working time as the main ones at the same enterprise. Such activity is called combination and, unlike part-time employment, does not require a separate employment contract - the written consent of the employee and the issuance of the corresponding order by the employer are sufficient.

Both the employer and the employee have the right to terminate the combination by notifying the other party in writing at least 3 days in advance. At the same time, the TC does not oblige the parties to argue such a decision.

Since a separate employment contract is not concluded when combining with an employee, an order to dismiss him is not required if he refuses it (usually an order is drawn up to cancel the combination). If the employee leaves the main place of work, the combination stops automatically.

In conclusion, it remains to be said that, although the termination of an employment contract with an internal part-time job due to a reduction in staff or the results of certification has some peculiarities, and entries in the work book are made exclusively at his request, otherwise the dismissal of part-time workers occurs in the same way as in the case of ordinary employees (i.e., occupying one position).

A part-time worker is an employee who regularly performs part-time additional responsibilities in free time from the main employment. Part-time employment can be internal (both the main and additional jobs are in the same enterprise) or external (the main employment is in one enterprise, and the additional one is in another). Additional works, according to the law, citizens can have as much as they want (with a reasonable time limit, of course). And most importantly, part-time employment should be just as formalized as the main employment. This article will discuss how to fire a part-time job, how to do it right and what nuances must be taken into account.

Hiring and firing a partner

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 take place on a general basis. Registration of a part-time worker workplace produced in several stages:

  • an appropriate application 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 a part-time job.

The external part-time worker must also provide the personnel department (or the head of the enterprise, if we are talking about a small organization) with a passport and, if necessary, documents on education. The internal part-time worker has the necessary package already at the enterprise. No extracts or copies from work book not required when applying for a job.

From all of the above Special attention should be given to the employment contract, since it is he who affects the dismissal from part-time work. Otherwise, the procedure for dismissing a part-time job (internal or external) and the main employees is the same.

Employment contract

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

  • urgent - that is, to act until a specific date or until the end / start of certain events (for example, before an employee returns to work or repair work in full);
  • indefinite - that is, without specifying deadlines (valid constantly, until the employee decides to terminate labor Relations 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 job (internal or external), as well as the main employees, occurs on a general basis. According to the law, it is impossible to dismiss employees who are on sick leave, on vacation, on maternity leave, on childcare. The date on which the employee is dismissed cannot be earlier than the date of his exit from vacation or the closing of the sick leave.

Fixed term contract

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

Indefinite contract

If an open-ended employment contract is signed, the employer has the right to dismiss the part-time worker if the main employee is found in his place. In this case, a notice of dismissal is sent in writing no later than two weeks before the expected date. At the same time, the employee may have time to quit the 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 job at the initiative of the employer in connection with the hiring of the main employee can no longer be made.

Dismissal procedure

Since the part-time worker is the same full-fledged employee as everyone else, he can be fired:

  • at will;
  • 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 instruction is issued for the enterprise, if necessary, a corresponding entry is made in the work book - in the event that there was a mark on employment part-time. Such records are maintained at the main place of work on the basis of relevant documents.

Of your own accord

The dismissal of a part-time worker of his own free will occurs in exactly the same way as the main employee: an application is written, an order is prepared for the enterprise, the employee works out the required two weeks. Part-time work upon dismissal is mandatory, unless, of course, the employee has agreed with the employer to reduce the period of work or even cancel it.

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 issue Required documents, and the accounting and personnel departments are unlikely to work on weekends.

Reduction of a part-time employee

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

If an employee refuses the offered vacancies, he is dismissed due to staff reduction. At the same time, a severance pay in the amount of the average monthly wages and these payments are retained by the employee for a maximum of two months, if during this period he cannot find a job.

When dismissing a part-time worker, it should also be taken into account that it is impossible to reduce pregnant women, family workers who are the only breadwinners, trade union workers (in the event that part-time work belongs to trade union activities), as well as other categories of workers listed in the legislation.

Companion's dismissal order

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

  • surname, name and patronymic of the employee;
  • job title;
  • Personnel Number;
  • date of dismissal;
  • grounds for dismissal and the relevant article of the Labor Code;
  • information about the payment of compensation or deductions;
  • signature of the head of the enterprise;
  • the signature of the part-time worker that he is familiar with the order.

The order to dismiss an internal part-time job is no different from the order to dismiss an external one - these features are not recorded in the document.

Vacation compensation

Before dismissing an internal part-time worker, it is necessary to calculate compensation for unused vacation days or deductions for overspent vacation days. Since the vacation of a part-time job must coincide with his rest at his main place of work, he could well take vacation days at a part-time job in advance, therefore, upon dismissal from him, the corresponding amount must be withheld. An employee may not take a vacation at work part-time during his main vacation - in this case, unused days are compensated.

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

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

Or call by phone:

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

The application itself can be submitted in the following ways:

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

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

Execution of an order for the dismissal of an external part-time worker

Since dismissal on one's own is the right of the employee, the manager does not have the opportunity to create obstacles. He must issue a dismissal order. This document can be formatted in two ways.

  1. With the help of the unified form T-8, approved by the Decree of the State Statistics Committee of the Russian Federation No. 1 of 2004.
  2. With the help of the company's own form. The current Federal Law "On Accounting" gives organizations the right to develop their own forms for accounting primary documentation.

The order must contain the following:

  • the number of the document and the date it was drawn up;
  • Name of the organization;
  • full name, position and structural subdivision employee (if available, a personnel number may also be indicated);
  • reason for dismissal: in this case, the order indicates part 3 of Art. 77 of the Labor Code of the Russian Federation and decoding - “At their own request”;
  • reason - it will be an application, therefore, this column indicates the date and registration number under which the document is fixed (if a number was assigned to it);
  • date of dismissal;
  • position, name and signature of the head;
  • signature of the employee on familiarization with the order.

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

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

IMPORTANT: Based on the order, the company's accountant prepares a calculation that is made on the last day of work. However, since no entry is made in the work book during external part-time work, it will not be issued, respectively.

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

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

  • from a joint position;
  • with the main one, continuing to work only on the additional one;
  • from both positions at the same time.

How to apply

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

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

In this case, the resigning employee must also ensure that he has in his hands confirmation that the application was submitted.

Execution of an order for the dismissal of an internal part-time worker

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

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

Dismissal of a part-time worker without working off

Art. 80 of the Labor Code of the Russian Federation provides that the employee submits an application at least 14 calendar days before the date of dismissal. However, the notice period is not mandatory. An employee may be fired earlier in the following cases.

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

When answering the question of how to dismiss an external part-time job at the initiative of the employer or an internal part-time job at their own request, as well as any other question regarding the dismissal of a part-time job, it should be borne in mind that the Labor Code of the Russian Federation retains for part-time workers all the same guarantees and compensations as for employees on main job. The exception is guarantees and compensations provided to employees who combine work and study, as well as to persons working in the Far North, since they are provided only at their main place of work (Article 287 of the Labor Code of the Russian Federation).

With this in mind, when dismissing a part-time job, the employer must ensure that the same rights and guarantees of employees are observed that workers in their main job have upon their dismissal.

Order to dismiss an internal part-time job: sample

The form of the order to dismiss an internal part-time job can be developed by the employer independently, or the employer can use the unified form No. T-8 (Resolution of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1). This order must contain all the same details as the order to dismiss the employee for the main job: last name, first name, patronymic of the part-time worker, structural unit and position of the part-time worker, date of dismissal, grounds for termination of the employment contract (according to the Labor Code of the Russian Federation), signature leader. The employee must be familiar with the order against signature. If the employee refuses to familiarize himself with the document against signature, the employer is obliged to make a note about this in the order.

Order on the dismissal of an external part-time worker. Sample

The order to dismiss an external part-time job is issued by the employer in the same form as the order to dismiss an internal part-time job, and must contain all the same details as the order to dismiss an employee in the main job: last name, first name, patronymic of the part-time employee, structural unit and position of a part-time worker, date of dismissal, grounds for termination of the employment contract (according to the Labor Code of the Russian Federation), signature of the head.

An entry in the work book about dismissal from part-time work. Sample

All entries in the work book on the performance of work on a part-time basis are made at the main place of work, and only if the part-time job requires this from the employer (part 5 of article 66 of the Labor Code of the Russian Federation). Entries are made on the basis of documents issued by the employer for whom the employee works part-time (clause 3.1 of the Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69). The section "Information about work" of the work book is filled in by the employer as follows: in column 1 the employer puts down the serial number of the entry, in column 2 the date of dismissal of the employee who worked as a part-time worker is indicated, in column 3 an entry is made about the reason for the dismissal of the part-time worker, in column 4 the employer indicates the name, date and number of the document on the basis of which the entry was made.

Dismissal of a part-time worker at his own request

When answering the question of how to dismiss an external part-time job at your own request or an internal part-time job on the same basis, you must be guided by the general rules of the Labor Code on the procedure for dismissal at the initiative of an employee. A part-time worker (external and internal) has the right to terminate the employment contract on his own initiative (own will), without fail having warned his employer about this. The notification must be made by the part-time partner in writing and no later than two weeks before the termination of the contract (Article 80 of the Labor Code of the Russian Federation). By agreement with the employer, the part-time worker may be dismissed before the expiration of two weeks. When resigning from a part-time position, it is important to take into account that the part-time job may at any time before the expiration of the two-week period withdraw his own resignation letter. If, after two weeks, the employer does not terminate the employment contract with the part-time worker and at the same time the part-time worker does not insist on terminating the employment contract, then the employment contract with the part-time worker will continue.

Dismissal of a part-time worker at the initiative of the employer

To answer the question of how to dismiss an internal part-time job at the initiative of the employer or an external part-time job on the same basis, it is necessary to be guided not only by the general rules of the Labor Code on the termination of an employment contract at the initiative of the employer, but also by special rules relating only to part-time workers.

The legislation establishes a special basis for the dismissal of a part-time job - hiring an employee who will perform the work of a part-time job as the main one (Article 288 of the Labor Code of the Russian Federation). In such situations, the employer is obliged to notify the part-time worker in writing about this, and the notification must be made at least two weeks before the termination of the employment contract.

External and internal part-timers may be dismissed by the employer on his initiative on grounds similar to those provided for by labor legislation for workers employed in their main job (Article 81 of the Labor Code of the Russian Federation):

  • liquidation of an enterprise or reduction in the number (staff) of employees of an enterprise;
  • discrepancy between the qualifications of the part-time job or the work performed by him (the fact of the lack of qualification is established based on the results of the certification of the part-time job);
  • repeated non-fulfillment by a part-time worker of labor duties or a single gross violation by a part-time worker of his official duties, namely absenteeism, appearing at the workplace in alcoholic (drug) intoxication, disclosure by an employee of secrets protected by law and other actions directly recognized by the Labor Code of the Russian Federation as a gross violation of labor duties;
  • commission by a part-time worker of guilty actions that led to a loss of confidence on the part of the employer, if the part-time worker directly serviced monetary or commodity values;
  • other cases expressly provided Labor Code Russian Federation (other federal laws).

Procedurally, the dismissal of a part-time employee at the initiative of the employer will not differ in any way from the dismissal of an employee in the main job. The employer under Art. 287 of the Labor Code of the Russian Federation will be obliged to observe with respect to part-time workers all the rights and guarantees provided for laid-off workers employed in their main job.