Author: Ivan Ivanov
A part-time worker is a specialist who, during his free time from work, carries out certain work activities on a part-time basis. Part-time work may involve working at one enterprise or several (internal and external, respectively). In accordance with the norms of current legislation, an employee may have many additional job functions. But in any case, part-time work is formalized.
Dismissal of a part-time worker
An employment contract concluded with a part-time worker can be terminated either at the request of the employee himself or at the initiative of the employer.
The provisions of the Labor Code of the Russian Federation apply equally to main employees and to those who work part-time, therefore the reasons for dismissal of a part-time worker will be the same as for main employees (Article of the Labor Code of the Russian Federation). In addition, the law provides for part-time workers one more additional basis for terminating the employment relationship - hiring an employee for whom the work performed by the part-time worker will be the main one (Article 288 of the Labor Code of the Russian Federation).
Part-time workers have the right to count on the same guarantees and compensations that are due to main employees, with the exception of those provided to main employees who combine work with study and work in the Far North (Article 287 of the Tax Code of the Russian Federation). Otherwise, part-time workers can count on all guarantees in full. For example, like main employees, when a part-time worker is dismissed, he is entitled to be paid compensation for unused vacation.
Completion of combining positions
As mentioned above, if a company organizes a combination of positions, then the period during which such combination will be valid is determined in advance. Therefore, the question arises: what will happen after this period?
The combination ceases to be valid, i.e. the employee is further obliged to perform only his main duties. At the same time, the legislator does not provide for the need to draw up any special document closing the combination.
Therefore, everything here remains at the discretion of the company: you can issue a special order that terminates the employee’s combined powers, or you don’t have to do this - the combination will still be considered completed (unless the company has issued another order extending the employee’s combined powers).
In addition, the Labor Code of the Russian Federation establishes that at any time, both one and the other party can stop combining unilaterally (Article 60.2 of the Labor Code of the Russian Federation). To do this, you simply need to send the appropriate notice (if the initiator of the cancellation is a company) or a statement (if the initiator is an employee) to the other party no later than 3 business days in advance.
ATTENTION! If the initiator of the termination of the combination is the company, then it makes sense for it to acquaint the employee with the relevant notice against a receipt, so that later it does not turn out that he, since he knew nothing about the cancellation, continued to work for some time, combining 2 positions, for which he demands appropriate remuneration.
Part-time employee resigns on his own initiative
When resigning of his own free will, a part-time employee must comply with the procedure for such dismissal, provided for in Art. Labor Code of the Russian Federation:
- notify the employer in writing of your resignation in advance - at least 2 weeks before the date of termination of the contract (3 calendar days if the contract was concluded for a period of up to 2 months or for a period of seasonal work);
- write a letter of resignation.
The two-week (or other) working period begins the next day after the employer receives an application from the employee, so it is advisable to immediately write such an application, thereby warning the employer in advance. If the parties agree, then the employment relationship can be terminated before the expiration of the work period. The contract can be terminated at any time by agreement of the parties - for this it is necessary to conclude a written agreement (Article of the Labor Code of the Russian Federation). In a number of cases, the employer is obliged to terminate the employment contract within the period specified by the employee in the application - upon retirement, enrollment in a university, and in other cases when continuing to work part-time is impossible.
Depending on the type of part-time job, the form of application submitted by the employee will also differ.
Internal part-time job
When terminating an internal part-time employment contract, two options are possible:
- the employee quits simultaneously from his main place of work and from his part-time job;
- the employee only quits his part-time job, but continues to work in his main position.
Since part-time work requires the conclusion of two different employment contracts, applications for dismissal from the main position and from part-time work are submitted separately (even if dismissal from both positions occurs on the same day).
An entry about internal part-time work, along with the main job, is made in the work book and in the “Information on labor activity” submitted to the Pension Fund of the Russian Federation (form SZV-TD). Upon dismissal, it is indicated that “the employment contract for part-time work was terminated at the initiative of the employee, in accordance with paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation.”
In this regard, the application should indicate which particular employment contract the employee wants to terminate.
A sample application for an internal part-time worker may look like this:
How to formalize leaving work with an external part-time job
Part-time workers can be both internal and external. Internal part-time work consists in the fact that a person works in two positions at once, but in one organization, does not leave it and spends working time only within its boundaries.
An external part-time worker is someone who primarily works for another company, but additionally works at a given enterprise located in a radically different location.
Important! The second job is a work activity that is externally combined with the main place. According to the law, any part-time job must be properly and documented, which means that the employee must be dismissed in accordance with all applicable standards.
How leaving a job occurs depends on how the external part-time worker was hired. When hiring him to the workplace, it is necessary to carry out a certain procedure.
The employee draws up the necessary application, as well as an employment contract with signatures by agreement of the parties. Next, an order is issued for the admission of a part-time worker to a specific position.
Before dismissing an employee who comes to work from another company, you should carefully consider some nuances:
- it is necessary to fire a person not on a day off or on a holiday;
- if the work book of such an employee is located at the main workplace, you need to visit the personnel or accounting department to pick up the document for signature and bring it to another workplace to make the necessary entries. You won’t be able to do without a work book;
- attempts by an employer to punish a part-time worker financially, for example, by imposing a sanction or a fine on him, are illegal and contrary to legal principles, which means that such actions are very easy to appeal in court.
Even if the employment contract contains certain conditions for the dismissal of such a part-time worker, for example, that a resignation letter must be submitted a month in advance, otherwise he will not receive any compensation - be that as it may, according to labor law, the employee has the right to submit a document for fourteen days before the date of dismissal.
Refusal to provide the required amount of money (earnings) or vacation accruals that were not used are actions contrary to the law, therefore the employment agreement does not have any importance here. The court will be based on the law, and not on the content of the employment contract, when making a specific decision.
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External part-time job
External part-time work is not the main one for the employee. Accordingly, information about it is not entered into the work book kept by the main employer, but at the request of the employee at his main place of work, they can make an entry about such work - if there are copies of documents from another employer on the hiring and dismissal of a part-time worker (Part 5 of Art. 66 Labor Code of the Russian Federation). The wording of the notice of dismissal will, for example, be as follows: “The employment contract for part-time work at Gamma LLC was terminated at the initiative of the employee, in accordance with paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation.”
But if the employee refuses to maintain a regular paper work book, information about external part-time work (form SZV-TD) must be submitted not by the main employer, but by the one for whom the employee worked on a part-time basis.
Since one employment contract is concluded with an external part-time worker, the application can be completed in the standard way:
Useful video
Watch the video about the dismissal of a part-time worker, the registration procedure, and the relevant documents upon termination of a part-time job:
When ending an employment relationship with a part-time employee, the manager must remember that the duties and rights of such employees are no different from similar conditions for employees at their main place of employment.
To avoid mistakes and not violate legal requirements, the employer must strictly follow the provisions of the labor code. In contact with
Part-time worker resigns at the initiative of the employer
The procedure for dismissing part-time workers at the initiative of the employer is the same as for other employees. It is impossible to dismiss a part-time employee while he is on vacation or on sick leave, with the exception of cases of liquidation of the enterprise/termination of the activities of the individual entrepreneur.
The part-time employee must be notified in advance, in writing and against signature, of the upcoming dismissal. The length of such notice will depend on the grounds for dismissal. For example, the employer must warn about the upcoming reduction or liquidation of the enterprise (Articles 292, 296 of the Labor Code of the Russian Federation):
- in 2 months - in the general case;
- 7 days (calendar) - if the employee works on seasonal work;
- 3 days (calendar) - if an employment contract is concluded with the employee for a period of up to 2 months.
A special case of termination of an employment contract, which is possible only with a part-time job, is due to the hiring of a part-time worker for whom this place of work will be the main one (Article 288 of the Labor Code of the Russian Federation). The employer is obliged to notify the part-time employee at least 2 weeks in advance about the upcoming dismissal in writing against signature. A variant of this warning:
Submitting an application
After completing the application, it must be provided to employees of the personnel department, accounting department, or the management of the company. The competent person accepts the document and registers it. In order for an employee to prove that an application was submitted on a specific day, he must keep one copy with a mark on it.
In a situation where an employer does not wish to accept an application to fire a person, it can be sent by mail with return receipt requested. A sample notification can be found on our website. Later, the notice will be returned back to the employee, but it will be signed by the representative of the organization’s management who received the document. This method of notification takes a lot of time because the fourteen-day period calculated for working out starts from the next day after the employer receives the notification.
Order to dismiss a part-time worker
Regardless of the basis for termination of the employment relationship, it is mandatory to issue a dismissal order. When terminating employment contracts with both main employees and part-time employees, employers can use the unified form of order No. T-8 (approved by Resolution of the State Statistics Committee No. 1 of 01/05/2004), or draw up a dismissal order in free form.
When dismissing an internal part-time worker, if he simultaneously quits his main position, the employer must draw up two orders. One order is for dismissal from the main place of work, the other is for dismissal from an internal part-time job.
The day of termination of the part-time worker’s employment contract is the last day of his work. The details and wording of the order are entered into the work book.
The order is presented to the employee against signature. At his request, the employer must hand over a certified copy of the order (and other work documents) to him. If the employee refuses to familiarize himself, a corresponding entry is made on the order (Article 84.1 of the Labor Code of the Russian Federation).
On the last working day, the employer must make a full payment and issue the resigning part-time worker with a work book (if the part-time job is internal, and he is also resigning from his main position), or “Information on work activity” (if the employee refused to keep it, incl. with external part-time jobs).
Termination of a part-time employment contract - sample order:
Results
So, in order to dismiss a part-time worker, it is necessary to issue an order for his dismissal and make a corresponding entry in his personal card.
There is no need to draw up a work book unless the employee requests it - the legislator does not oblige employers to enter into it information about part-time employment of employees (both external and internal). You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
