Dismissal of a part-time worker: how to fire an external or internal part-time worker

General concepts

A part-time worker is an employee who works part-time during his free time from his main job. Part-time work is sometimes confused with combination, in which one employee carries out activities in several different work positions at his enterprise during his working day (Article 60.2 of the Labor Code of the Russian Federation).

There are two types of part-time work: internal and external.

An internal part-time worker combines primary and additional work at the same enterprise.

An external part-time worker is considered to be a person who is in a permanent position in one company and works part-time in a second company. For such an employee, his main job is in one company, and his additional occupation is in another.

The main condition for part-time work is the official placement of an individual in both the main and additional work.

Calculation: is compensation paid for unused vacation?

According to Art. 140 of the Labor Code of the Russian Federation, settlement with a resigning employee is made on the final working day. If a citizen is absent from work, payments are made the next day after the part-time employee sends the corresponding request.

Remuneration for part-time workers is regulated by Article 285 of the Labor Code of the Russian Federation. Upon dismissal, a full settlement is made with the employee, which includes payments:

1. Earnings - the amount is determined in proportion to the time worked, based on actual output or other conditions stipulated by the contract.
2. Compensation for missed vacation (Article 127 of the Labor Code of the Russian Federation). Internal and external part-time workers are provided with rest at the same time as at their main job. If an employee has unused vacation days, the employer is obliged to compensate them in cash.
3. Other payments provided for by the employment contract or other local acts of the enterprise (bonuses, incentives, etc.).

If an internal part-time worker terminates the main contract at the same time as the additional contract, the payment is provided in full for each of the contracts (including compensation for vacation not taken).

The dismissal of an internal or external part-time worker at his will is carried out according to a standard algorithm. The procedure is launched on the basis of an application from an employee submitted to the employer within the period specified by law.

Work off is established according to the general procedure; it can be avoided if there are compelling reasons or by agreement with the management of the organization. The settlement with a dismissed part-time employee includes standard payments and compensations that are transferred to the employee on the last working day.

Legal basis

In accordance with the requirements of legislative acts, a part-time worker may have several additional jobs, but within reasonable limits.
It must be officially issued regardless of the enterprise that provides it. In addition, the working day of a part-time employee should not exceed 4 hours a day.

Article 288 of the Labor Code provides for the dismissal of an employee only at the initiative of the employer.

The restrictions provided for in Articles 81 and 261 of the Code do not apply to him, which include the dismissal of an external part-time worker while he is on sick leave or on labor leave.

If a part-time worker is among the persons having a preferential right in accordance with Article 261, then the employer is deprived of the right to dismiss him on his own initiative.

If the employer has decided to dismiss a part-time worker, then he must take into account the specifics of the employee’s legal status in industrial relations in order to avoid mistakes and prevent violations of labor legislation.

Otherwise, conflict situations may arise that must be resolved in court. As a rule, an employment contract concluded with a part-time worker is divided into a fixed-term and unlimited-term contract, in accordance with the instructions of Article 59 of the Labor Code.

The procedure for dismissing a part-time worker is carried out depending on its type in accordance with the instructions of Article 288 of the Labor Code of the Russian Federation.

If the employment contract is open-ended, then the employer has the right to terminate it upon hiring an employee for whom the work will become the main one.

In this situation, the employer must notify the part-time worker in writing about hiring the main employee two weeks in advance in accordance with Article 288 of the Labor Code.

The employer is deprived of the opportunity to dismiss an employee with whom he has entered into a fixed-term employment contract in accordance with the above article.

He can be dismissed exclusively on a general basis, that is, at the end of the agreed period, if the employee has not violated labor discipline. But the employer has the right to dismiss him subject to the liquidation of the enterprise.

An employer is deprived of the opportunity to fire a part-time worker if he is on leave, on sick leave due to temporary disability, on maternity leave related to pregnancy and childbirth, or caring for a young child.

He is obliged to respect the rights of the part-time worker without limiting them, therefore, when carrying out the dismissal procedure, he must follow the requirements of legal acts on labor.

If an employee quits his main job, then the part-time job is transferred to the main category, as a result of which he is not subject to dismissal from work at the initiative of the employer due to the hiring of another person.

Termination of relations upon departure of the main employee for other reasons

The departure of the main employee to work is the reason for dismissal, but not always its basis . If there is an agreement with the employer, you can leave with a different wording in the work book and receive additional preferences.

Article 78 of the Labor Code of the Russian Federation provides for the possibility of part-time dismissal by agreement of the parties. Wherein:

• The date of termination of work is specified by order by agreement of the parties to the labor process. As a rule, the date of the order corresponds to the month of the day of dismissal.
• Specific reasons for “leaving” are not indicated.

Dismissal of an external part-time worker, as well as an internal one, is allowed at one’s own request in accordance with the norms of Article 80 of the Labor Code of the Russian Federation.

The grounds for terminating cooperation with a part-time worker coincide with the general rules for terminating employment relations . In addition, the law establishes clear restrictions on the legality of dismissing a part-time worker upon the departure of an employee for whom this vacancy will be the main one. Let's look at all the points more specifically.

Types of part-time work and guarantees upon dismissal

Regardless of the fact that a part-time worker is hired according to different standards than permanent employees (Article 282 of the Labor Code of the Russian Federation), and does not work full time, the employer requires him to have the same responsible attitude towards functional responsibilities as other employees.

This is also important to know:
How to properly quit your job of your own free will: step-by-step instructions

Types of part-time work have a general tendency - such an employee has an employment contract drawn up at the place of work, which is considered the main one and is entered as such into the work book. The main place of work may be in another company, which determines the status of such an employee as an external part-time worker.

External part-time workers provide relevant documentation from their main place of work, which is the basis for their registration. If a specialist works at the same enterprise where part-time work is provided, he belongs to the category of internal part-time workers.

The status of an internal part-time worker who works in the same organization under an additional employment contract should not be confused with the precedent of expanding functional responsibilities, where a second contract is not provided. Therefore, the dismissal of a part-time worker at his own request must comply with the norms of legislation focused on the designated status. The main issue remains the working period for a part-time worker. He is also required to notify the employer 2 weeks before leaving by submitting an application.

After this, the employer is obliged to dismiss the applicant and provide him with adequate severance pay. These duties are guaranteed by Labor legislation and are mandatory for the employer to fulfill.

It is unacceptable to exceed the working period even when the employee was on sick leave during the designated period, went on leave without pay or labor leave.

Restrictions on termination of an employment agreement

Article 261 of the Labor Code of the Russian Federation provides for the impossibility of dismissing part-time workers of the following categories:

• pregnant women;
• mothers raising young children (under 3 years old);
• single fathers and mothers with children under 5 years of age;
• an employee who supports 3 or more children and is the sole breadwinner.

These restrictions lose force if an employee from the listed categories has committed an unlawful, immoral act or has accumulated several penalties for violation of discipline.

Based on the requirements of Article 81 of the Labor Code of the Russian Federation. It is not permitted to terminate the employment relationship while the employee is undergoing treatment or on scheduled leave.

A part-time employee cannot be “thrown out” from work if he has signed a fixed-term contract with the employer (Article 287 of the Labor Code of the Russian Federation), even if another employee is applying for his position, for whom this position would become the main one. It is permissible to terminate cooperation in such a situation only upon expiration of the contract.

Free legal consultation We will answer your question in 5 minutes!

Ask a Question

Free legal consultation

We will answer your question in 5 minutes!

Ask a Question

Termination of an open-ended contract

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

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

Grounds for dismissal of a part-time worker

All reasons for the dismissal of a part-time worker are logically divided into two unequal parts:

1. General grounds.
2. Special grounds exclusively for part-time workers.

A citizen working part-time has the same rights as an employee working on the main staff. For many positions, there is no difference in the grounds for dismissal of a part-time employee and a permanent employee.

Thus, the following are considered general grounds for dismissal:

• the employee’s own desire (his personal initiative);
• employer initiative (Article 81 of the Labor Code of the Russian Federation);
• a joint agreement between the employee and the employer.

Dismissal at your own request

How is it possible to dismiss an external part-time worker at your own request? The procedure for such dismissal is carried out similarly to its registration for an employee working on a permanent basis. In this situation, the employee submits an application, the manager agrees with it, putting the appropriate resolution, and a dismissal order is issued. When it is impossible to agree with your superiors on early departure, such dismissal on your own initiative obliges you to work the required two weeks.

There is a small nuance for an external part-time worker. If he wants to record his part-time dismissal in his work book, then he must first take it at the place of his main job in order to take the book to record the dismissal.

If an internal part-time worker wishes to leave an additional job, but remain at the main one, he must notify the employer of his intention three days before the date of departure.

This is also important to know:
What is the retention period for the personal files of dismissed employees?

A part-time employee’s application for voluntary dismissal must be submitted no less than three days before the date of intended dismissal

Certain difficulties also arise when a part-time worker wants to leave his main and additional work at the same time. In this situation, dismissal occurs in the usual way, but the resignation from the main job is first recorded in the work book, and below is a record of dismissal from the additional job.

Dismissal at the initiative of the employer

How to fire a part-time worker at the initiative of the employer? The main reasons for dismissal in this situation are:

• Reduction of staff (Article 81.1);
• Liquidation of an enterprise (Article 81.2);
• Gross disciplinary offense (Article 81.6).
• Inconsistency with the position held in terms of qualification level (Article 81.3);
• Concealment of income or conflict of interest (Article 81.7.1);
• Committing immoral offenses Art. 81.8);
• Providing false documents when applying for a job (Article 81.11);
• Arrival of a new owner (Article 81.4). Applies only to part-time chief accountants and managers;
• Making decisions due to which the company’s property is lost or damaged (Article 81.9). Applicable exclusively to chief accountants and managers.

All of the above grounds apply equally to both a part-time employee and a full-time employee. Although in the event of dismissal due to failure to pass qualifications based on the results of the certification commission, some special conflict may arise. Let us assume that such a rather ordinary situation arises when an employee has not passed the certification for his main job and at the same time applies for this position as an internal part-time worker. Then, in order to take this position, this employee must first resign from his part-time job on his own initiative, by agreement of the parties, or under Art. 288 of the Labor Code of the Russian Federation, and after that re-enter work as a full-time employee.

Dismissal by agreement of the parties

With this option of dismissal, the general procedure for terminating the contract applies. The only difference with the dismissal of a full-time employee is that here in the order and entry in the work book it is necessary to mention in the reference to the reason that it is the part-time employee who is leaving.

The entry in the work book will look like this:

Dismissed from his part-time job by agreement of the parties, paragraph 1, part 1, article 77 of the Labor Code of the Russian Federation.

Special grounds for dismissal

In the Labor Code of the Russian Federation there is only one basis for dismissal, intended exclusively for a part-time worker (Article 288). This article applies in the case of hiring a full-time employee for a part-time job.

If such a situation arises, only a part-time worker who has entered into an open-ended employment contract with his employer is subject to dismissal. Art. 288 cannot be applied to personnel working under a fixed-term contract.

The employee must be notified in advance of the intention to dismiss under Article 288. The notice is sent at least two weeks before the planned dismissal.

The document is drawn up in two copies. One of them, signed by the departing part-time worker, remains at the enterprise, and the other is transferred to the employee. After the two-week period, a dismissal order is drawn up. It is drawn up on a standard T-8 form, with the obligatory recording of Art. 288.

It should be noted that the law does not provide for the payment of any severance pay to a part-time worker dismissed under this article. However, it is not prohibited to include the payment of benefits in an employment contract with a part-time worker.

By agreement of the parties

IMPORTANT! A sample notice of termination of the employment contract of a part-time worker in connection with the hiring of an employee for whom the work will be the main one, from ConsultantPlus, is available at the link

The option of dismissing a part-time employee by agreement between him and the administration (Article 78 of the Labor Code of the Russian Federation) is similar to dismissal at his own request: in both cases, in order to dismiss and resign, the desire of the employee himself is required. However, there are also differences.

Either party may propose dismissal under this article. Most often, the employer does this if he has no complaints against the part-time worker and production needs do not require two weeks of work. If the employee agrees with him, an agreement to terminate the contract is signed. Its content is the unconditional termination of employment relations from a certain point in time.

In general, the procedure for calculating and registering a part-time employee is identical to the case of voluntary dismissal. At the same time, the part-time worker must understand the risks. For example, he is deprived of the opportunity to withdraw his resignation letter within a 2-week period.

Dismissal of a part-time employee due to the hiring of a permanent employee

This situation is regulated by the Labor Code of the Russian Federation, Articles 77 and 288, that is, this reason is absolutely legal and practical. If the employer decides that the position held by a part-time employee should be filled by a full-time employee, then he has the right to dismiss the part-time employee. The basis for applying Article 288 of the Labor Code of the Russian Federation is the actual hiring of a new employee for this position. Evidence that will document this appointment can be the issuance of orders for the dismissal of a part-time employee and the hiring of a new employee. These documents must have the same creation date for acceptance and termination to be valid.

According to the Labor Code, a person can have several jobs

This is also important to know:
Dismissal of the CEO: options

In addition, Article 288 of the Labor Code of the Russian Federation prescribes that a part-time worker who is subject to dismissal must be warned in advance.

The employee must be informed of his dismissal fourteen calendar days before the relevant order is issued.

The official consent of the part-time worker is not required in this case. But there is one point that is worth considering: the article does not state whether an internal or external part-time worker is fired in this way. If an internal employee quits, he leaves the additional position, but remains in the main position in the same company. The external part-time worker leaves the company along with the position.

Among other things, it is impossible, according to the norms of the Labor Code of the Russian Federation, to terminate the employment relationship with a part-time worker due to the hiring of a new employee on a permanent basis, if he was previously dismissed from his main place of work. In other words, at the initial stage, you should offer the part-time employee to switch to permanent work in this position, and in case of refusal, hire another employee.

How should I write an application?

Informing the management of the enterprise about the termination of the contract is carried out by submitting a letter of resignation. The document starts the dismissal procedure and becomes the basis for the formation of an appropriate order. There is no unified application form; it is drawn up arbitrarily. The document contains information:

• name of company;
• Full name and position of the authorized person;
• Full name and position of the employee;
• the employee’s request to dismiss him at his own request;
• day of application.

With standard notification deadlines, the date of dismissal may not be indicated in the application.

If the contract is terminated without completion, the date must be displayed in the document. If there are compelling reasons for immediate resignation or dismissal on a specific day, they should be noted in the application (moving, retirement, etc.).

Dismissal of a part-time worker for violations of labor discipline

The dismissal of a part-time employee can also be carried out due to violations of labor discipline. Such violations include:

• Truancy
• Working while drunk or under the influence of drugs
• Refusal to fulfill the requirements prescribed by the employment contract, and so on.

If a part-time employee is absent from work, the manager can fire him in exactly the same manner as other employees. But a problem arises: the truant’s work record is at his main job, that is, in another company. According to the law, in this case, only the employer of the main position can make any notes in the work book of the part-time worker. That is, the part-time worker will be fired from the additional position and will remain in the main position.

When combining positions, the employee must have a signed employment contract

In case of absenteeism, you first need to find out why the part-time worker did not show up for work. Next, a commission is created on the basis of a memorandum from the manager. This commission draws up a written report on the absence of this employee on site during the work shift. After the employee appears, they write an explanatory note explaining why the absenteeism was allowed. In the event that an employee indicates a valid reason in an explanatory note, it is necessary to require from him documents that can confirm this fact, for example, a certificate from a traumatology department or from the traffic police. If a valid reason is not proven, the employer has the right to immediately dismiss the part-time employee.

Reasons for termination of the contract

The reasons for termination of a contract can be very different (according to Articles 77 and 81 of the Labor Code). For example, an employee may leave for a good reason - in case of illness or moving to another place of residence.

Or the dismissal will be initiated by the employer due to violations of labor discipline by the part-time worker.

Part-time workers who are on annual or maternity leave, undergoing treatment (on sick leave), or caring for a child cannot lose their jobs.

Fixed-term contracts are terminated more often after the expiration of the working period specified in the document. The employee also has the right to resign himself. Or he may be deprived of his job due to violations of discipline (the so-called dismissal under the article).

An open-ended contract can be terminated either at the initiative of the employer or at the request of the employee. Employers initiate dismissal if a permanent employee has been found to fill a part-time job.

Dismissal of a part-time employee due to staff reduction

This wording also applies to the dismissal of a part-time worker at the initiative of the employer. With such dismissal, the employee receives a cash benefit in the form of an average monthly salary. The controversial point is that there is some ambiguity in this statement. Some HR specialists believe that benefit payments are necessary in this case, since part-time workers, along with other employees, are subject to the laws of the Labor Code of the Russian Federation and are also entitled to cash benefits. Another part of HR specialists claims that such payments are not due to part-time workers, since they have a main place of work.

Part-time worker can be internal or external

As a rule, Judicial practice sides with the employer in this matter and allows not to pay monetary compensation after dismissal, since the employee has a permanent place of work.

Documentation and procedure

The procedure for terminating an employment contract depends on who initiated the dismissal.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The basis for issuing this document is a notification application received from the employee, or documents documenting violations on his part. And if a permanent employee has been found, a notification is sent to the employee by the employer himself.

At the same time, making a corresponding entry in the work book has its own characteristic features. The entry is made by a personnel service employee at the place of main work on the basis of a copy of the order or certificate issued at the additional workplace. There is no stamp!

1. The employer asks the offender to write an explanatory note. In case of refusal, an act is drawn up recording the violation.
2. Based on the explanatory note, an internal memorandum is drawn up. At this stage, the employer has the right to limit himself only to disciplinary action. It should be noted that two punishments at once - disciplinary (for example, a reprimand) and dismissal are not applied according to labor legislation.
3. If a decision is nevertheless made to dismiss, a corresponding order is issued, which is signed by the employee (in the T-8 form). If a refusal is received from the employee, it is recorded in an act with two witnesses. The act is then filed in the offender’s personal file.
4. Based on the order, notes are made in the personal file and work book.
5. The payments due to the employee are calculated and the final payment is made.

When hiring a permanent employee

Regulated by Article 288 of the Labor Code of the Russian Federation:

1. Management sends a written notice to the part-time worker, informing him of the date of termination of the contract. The document is sent two weeks before dismissal. At this stage, the employee may quit his permanent job, preferring a part-time position. In this case, the employer can no longer hire a new employee for the same position.
2. An order is issued within two weeks. The employee can sign it or refuse to sign. Refusal requires drawing up an act in front of two witnesses.
3. Then entries are made in the work book and personal file. And on the last working day the final payment is made.

Read more about the procedure for terminating an employment contract with a part-time worker at the initiative of the employer in other cases here.

1. The employee himself sends a notification to management. The document indicates the day of dismissal and the reasons for leaving. For fixed-term contracts, this document is drawn up three days before termination. Open-ended contracts require two weeks' notice.
2. The notification received serves as the basis for issuing an order. The employee is familiarized with the order, and he puts his signature on it.
3. After that, entries are made in the work book and personal file. Compensation payments are accrued in the form of wages and funds for unused vacation days. Payments are made on the last working day.
4. Also, the law allows the signing of a document by agreement of two parties. On its basis, an order is issued and a calculation is made. The employee can independently set the date of termination of the contract and agree on additional compensation payments.

This is important to know: How many days in advance is a report written on the dismissal of a serviceman?

In case of disability

If the first disability group is assigned, the part-time worker has the right to terminate the employment contract urgently.

To do this, you must contact management with a statement and documentary evidence of a valid reason. In this case, the employee has the right to request immediate dismissal , citing the impossibility of continuing to work.

Further paperwork takes place according to the generally accepted procedure. An order is issued, notes are made in the personal file and work book, payments are calculated and calculations are made.

Procedure for dismissing a part-time worker

The procedure for terminating an employment relationship with a part-time worker does not differ in basic terms from the general dismissal procedure. The entire dismissal process can be divided into the following stages:

1. Preparation of documents that are the basis for dismissal.
2. Notifying the employee and issuing an order.
3. Entry into the work book.
4. Settlement payments.

Preparation of documents justifying dismissal

Such documents include:

• acts of disciplinary violations;
• notification of impending staff reductions;
• notification of the upcoming liquidation of the enterprise;
• an order to hire a permanent employee to replace a part-time employee;
• other certificates, acts and messages.

How to create an order

The dismissal of an employee who works part-time must be properly formalized in accordance with the regulations of legal acts.

This is also important to know:
The dismissal procedure under the Labor Code

The enterprise issues an order to dismiss the employee, which is drawn up on a form with the unified T-8 form.

It must indicate:

• personal data of the employee;
• position held;
• Personnel Number;
• date of dismissal;
• basis with reference to the relevant article of the Labor Code;
• payments due.

The order is signed by the employer and the employee, who makes a note of familiarization with it. If it is necessary to dismiss an internal part-time worker, then a similar order is issued.

Notification and publication of the dismissal order

The nature of the notification of a part-time employee about the termination of an employment contract with him depends on the grounds for dismissal. If an employee is dismissed on a general basis (at his own request, by agreement of the parties, due to a disciplinary offense, etc.), then a notice of the upcoming dismissal is drawn up according to the general rules regulated in Art. 77 Labor Code of the Russian Federation.

It’s another matter if an employee quits as a result of hiring a permanent full-time employee in his place (Article 288 of the Labor Code of the Russian Federation). In this case, it is necessary to notify the part-time employee two weeks before dismissal. The notice is drawn up in writing and given to the employee against signature.

Notice of dismissal is presented to the part-time employee at least three days before the date of the upcoming dismissal

The reason for dismissal must be indicated here, as well as the full name of the enterprise, its details, full name of the employee without abbreviations.

The dismissal order is drawn up on a unified T-8 form. In this case, it does not matter what nature of the combination takes place - internal or external. For any method of part-time work, the order must contain the following elements:

• Full name of the employee working part-time;
• Position, rank, category of part-time worker;
• Employee personnel number;
• Date of dismissal;
• Grounds for dismissal with obligatory reference to the Labor Code article;
• Brief description of payments and deductions made;
• Manager's signature;
• Part-time partner’s signature confirming that the order has been read.

An order to terminate an employment contract with a part-time worker is drawn up in the same way as when dismissing permanent employees on a unified T-8 form

Entry into the work book

Nothing obliges an employee to enter information about his work experience as a part-time worker in his work book (Article 66 of the Labor Code of the Russian Federation). Quite often, records of part-time work are needed by an employee in order to show his experience in a specific position. Such entries are made only at the request of the part-time worker. If an entry about dismissal from the main job must be made in the work book on the day the corresponding order is issued, then in the event of the dismissal of a part-time worker, there is no need to talk about the timing of making the entry.

If he is an internal part-time worker, then making such an entry is not difficult and can be done at his request on the day of dismissal from his part-time job.

If he works part-time at another enterprise, then in order to make an entry in the book located at the main place of work, he must first contact this other enterprise with a request to provide a certified copy of the dismissal order and, if necessary, other documents confirming his part-time work.

Free legal consultation

We will answer your question in 5 minutes!

Free legal consultation We will answer your question in 5 minutes!

Call: 8 800 511-39-66

Ask a Question

The company where the part-time worker worked is obliged to issue him a certificate within three days from the date of submission of the application

The company in which he worked part-time, in this case, is obliged to issue him the requested documents within three days from the date of the application. After receiving such documents confirming the fact of dismissal, the employee goes to his main place of work, where an entry is made in his work book in the personnel department. At the same time, the law does not regulate the method of contacting an organization with a request to make an entry in the work book. Of course, it’s easier to express your desire in words. However, such verbal appeal may not be responded to at all or may be delayed in response. Therefore, lawyers recommend applying for an entry in writing.

It is preferable to submit such a statement in writing.

The second option involves the temporary transfer of the book from the place of main work and the registration of an entry at the company where the employee is listed as a part-time worker. Both options for such an operation require some time and it is quite problematic to carry them out on the same day as the issuance of the dismissal order.

This is also important to know:
Wages were not paid upon dismissal: where to file a complaint

The recording itself is made in the same way as recording the dismissal of an employee from his main place of work. In this case, it is necessary to write the reason for dismissal and indicate that the work was carried out part-time.

Should I work for two weeks?

Termination of a contract at the initiative of an employee is carried out according to the usual procedure - the procedure starts after submitting a letter of resignation to the employer. Notification is made within the period specified by law. Mostly the period of information (working out) is two weeks, but can be shortened or extended.

Part-time work does not serve as a basis for canceling work.

In the absence of compelling reasons and agreement with management, the employee is obliged to comply with the established reporting period and carry out his job duties in full during this period. Otherwise, the employer has the right to dismiss due to violation of labor discipline (absenteeism).

Procedure: how to quit without working?

It is permissible to reduce or completely avoid working hours by personal agreement with the employer , since Art. 80 of the Labor Code of the Russian Federation does not prohibit the reduction or absence of the information period. In this case, the day of dismissal must be indicated in the resignation letter.

It is also permissible for external and internal part-time workers to terminate the contract without working out if there are compelling reasons:

• upon admission to an educational institution;
• upon retirement;
• when the employer commits offenses.

The law assumes the possibility of other situations when work becomes impossible. Then it is also allowed to quit without working:

• when moving;
• army conscription;
• formation of occupational pathologies;
• assignment of disability and so on.

The reason for leaving must be indicated in the application.

A part-time worker who is on vacation or sick leave has the right to terminate the contract without working or reduce it. This period will be counted towards the designated notification period.

Work is counted from the next day after the date of receipt of the application by the employer.

Payments to a part-time worker

The final payment to the dismissed person should be made on the last day.

The following are subject to payment:

• salary accrued for the time period worked;
• compensation for those vacation days that the employee did not have time to take;
• severance pay in some cases;
• other types of compensation payments, if they are specified in the company’s internal documentation.

To calculate these amounts, the existing standard form is used - calculation note T-61.

Payment of compensation

The part-time worker has the right to monetary compensation for those days of vacation that he did not have time to take off. It is due to every person resigning, and the reason for dismissal and the initiative party do not matter.

When calculating this type of compensation payment, you need to multiply the average daily earnings for the last year by the number of unused days of annual leave. The last indicator is calculated taking into account the following formulas:

Severance pay

Compensation in the form of severance pay is issued to a dismissed part-time worker in the following cases:

• Reduction in the number of personnel - the amount of average earnings per month (if there is further unemployment for three months, another 2 monthly earnings are paid);
• Liquidation of the employer - the amount of payment is determined similarly to the previous paragraph;
• Subject to the conditions of Art. 178. Labor Code of the Russian Federation - the amount of average 2-week earnings;
• Other cases specified in the employer’s local internal documentation.

Basic moments

It should be understood that part-time workers, both external and internal, do not have any additional privileges that distinguish this category from ordinary employees of an enterprise or organization.

The working period or waiting period for final payment is determined by the type of contract. Fixed-term contracts imply a three-day period (for seasonal work, notice is sent a week in advance!), and open-ended contracts require a two-week waiting period. The management team resigns with one month's notice.

Payments are calculated in the form of unpaid wages for the last month and compensation for unused vacation days and days spent on sick leave. Leaving at your own request excludes additional accrual of severance pay.

When the number of workers is reduced, the general rules also apply to part-time workers. You cannot lay off people belonging to preferential categories - pregnant women, caring for children, members of a trade union organization (coordination with this organization is required). This category of laid-off workers is legally entitled to financial support for the next two months, which are allotted for finding a new job.

In 2021, Russian military pensions will be increased! Find out more about this event in the article.

There are some changes to unemployment benefits in 2021. Our material has all the information you need.

Deadlines

The manager must adhere to the requirements for complying with the notification deadlines for the upcoming termination of employment agreements with the employee:

• the part-time worker must be notified 2 weeks in advance if the dismissal is based on Article 288 of the Labor Code of the Russian Federation;
• 3 days in advance, if the reason for the dismissal of a part-time worker is unsatisfactory completion of the probationary period;
• 2 months in advance if the combined position is being reduced or due to changes to the employment contract.

Strict adherence to the procedure for hiring and dismissing a part-time employee will help you avoid legal conflicts. The procedure for many actions is similar to that performed in relation to employees performing the main work, there are only some differences. You need to attach importance to every detail so as not to get into an intractable situation.

At the initiative of the employer

Dismissal on the initiative of the administration of a part-time employee, both internal and external, is fundamentally not much different from the dismissal of main employees. Regulates the procedure of Art. 81 Labor Code of the Russian Federation. In addition to the liquidation of a company or termination of business activities, it mentions a number of reasons why dismissal may occur.

Quite often people are fired from a part-time job due to a reduction in staff or numbers. The main point here is the need to inform such an employee. The usual period is set at 2 months (Article 180 of the Labor Code of the Russian Federation), and the document requires a personal signature of the part-time worker. There are also shorter periods: for seasonal employees - 7 days (Article 296 of the Labor Code of the Russian Federation), for those who have entered into an agreement for a period of no more than 2 months - 3 days (Article 292 of the Labor Code of the Russian Federation).

Another common reason for the dismissal of a part-time employee is the commission of a disciplinary offense (absenteeism, drunkenness at work), loss of confidence, inadequacy for the position held, and others like that. They are listed in detail in Art. 81 Labor Code of the Russian Federation. The most important thing here is for the administration to collect a sufficient evidence base and document all the negative aspects of working with a part-time worker.

All reasons for dismissal must relate exclusively to part-time work.

If this is an internal part-time job, the dismissal concerns only him and not the main job.

An employer cannot, on its own initiative, part with a part-time employee if she is pregnant; except for the liquidation of the company. Dismissal of a woman with a child under three years of age is possible only in exceptional cases that require proof of her negligent attitude towards labor duties. Similar provisions apply to a number of part-time workers with minor children (Article 261 of the Labor Code of the Russian Federation).

How to fire an employee and is it possible to keep him in his main position?

If the company goes into liquidation or the employee resigns due to disciplinary or other violations, he will be fired from both positions. In other cases, you can leave him at only one place of work.

A common situation will be when the main employee is employed in a second job as an internal part-time worker (in particular, for seasonal work) and an employment contract has been drawn up with him. At the end of the contract, this employee is subject to official dismissal. However, he still remains in his main position.

Regardless of the type of employment contract, the employer has the right to dismiss a part-time worker from only one of the positions on one of the following grounds:

1. By agreement of the parties.
2. At the employee's own request.

In both the first and second cases, the head of the organization has the right to leave a part-time worker in the main position.

At your own request

An internal part-time worker has the right to resign at his own request from both the part-time position and both jobs. Moreover, in the latter case, the employee needs to draw up 2 resignation letters, and the head of the organization needs to issue 2 dismissal orders, respectively.

In case of dismissal only from a part-time position, the employee submits a notice of dismissal in accordance with the general procedure. In other words, this must be done at least 2 weeks before the date of cancellation of the employment contract (Part 1 of Article 80 of the Labor Code of the Russian Federation). Within 14 days, the resigning employee must work the remaining working days.

The two-week working period can be reduced only by agreement of the parties concluded between the employee and the head of the organization (Article 80 of the Labor Code of the Russian Federation).

By agreement of the parties

If the need for part-time work has ceased or other reasons have arisen for canceling the employment contract, then in such a situation the employee and the employer should draw up a written agreement of the parties (clause 1 of Article 77 of the Labor Code of the Russian Federation). Moreover, in this case, the resigning employee has the right to leave work without working a two-week period.

If an agreement is drawn up between the parties, the dismissed employee and the employer must keep in mind the following nuances:

• dismissal from a part-time job does not entail a change in the working conditions established in the main position;
• if the employer dismisses such an employee from both positions at once, then in such a situation the parties should draw up 2 separate agreements;
• When drawing up an agreement between the parties, the head of the organization must take into account the terms of the employment contract (agreement) subject to termination.

If an employee is dismissed only from a part-time position, the internal part-time regime is automatically cancelled. In this case, the dismissed employee remains at his main job.

Example of a dismissal order

A standard T-8 order form is provided, which is convenient because it contains all the necessary details, but if desired, the company can prepare its own form.

The order states:

• Information about the employer;
• Details of the part-time agreement;
• Date of dismissal;
• Part-time partner information;
• Article of the Labor Code of the Russian Federation, which allows you to terminate relations with a specified person;
• A document serving as the basis for dismissal (application from a part-time worker, notice or warning to the employer);
• Manager's signature;
• No. and date of formation of the order.

The order must be brought to the attention of the part-time worker against signature. If a standard form is used for registration, then it has a special field in which the resigning person signs and indicates the current date.

If it is not possible to provide a part-time employee with an order for signature, then a similar mark is also made.

Example of a dismissal order