In addition to the main job, any worker has the right to have a side job, which is otherwise referred to as part-time work. The additional volume of tasks can come from both the current employer and a third-party enterprise. In the first case, the employee plays the role of an internal part-time worker, and in the second - an external one.
In some situations, the dismissal of a part-time employee can cause certain inconveniences.
The interaction between workers and the employer is fully regulated by the Labor Code. All information regarding combining activities (conclusion of an agreement, available compensation and guarantees) is detailed in Chapter 44 of the Labor Code of the Russian Federation. Information on how to dismiss a part-time worker, as well as the corresponding grounds, are regulated by Art. 288 Labor Code.
Dismissal at the request of the employee
The dismissal of a part-time worker at his own request is fraught with certain nuances that a specialist in the personnel department should know. The basic rule is that the retiring work for 14 days immediately before leaving. This requirement quite legitimate as it takes time for management to secure a replacement for a departing employee.
However, there are exceptions to the rule. These include:
- Cancellation of mining by mutual agreement of the parties.
- In view of the employee's enrollment in an educational institution.
- In view of the retirement of a departing employee.
- In connection with the relocation of the worker for permanent residence in another region.
- Due to the presence of violations by the leadership of the labor code of the Russian Federation.
In the latter case, the employee has the right to leave his position on the day of filing his letter of resignation.
The listed options at the legislative level allow the departure of a worker without working off.
How to fire an incoming part-time worker
To dismissal external part-time worker voluntarily did not cause trouble, should initially be correct and on legal grounds conclude with him contract of employment:
- First of all, the applicant submits a corresponding application to the management.
- After the approval of his candidacy for this position, the parties conclude labor contract.
- The publication of the corresponding order makes the applicant a full-fledged part-time employee.
The manager should know some subtleties in case the external worker decides to stop this interaction. Here is their list:
- You can not terminate the employment agreement on a day off.
- It is necessary to make a note in work book leaving. Since it is located in the personnel department at the main place of employment, the employee should request it against signature for a while.
- You should not try to deprive the combining employee of the compensation due to him (impose any unreasonable fines, etc.). These actions of unscrupulous employers are very easily challenged in court.
Sometimes an external employee leaves the main place of work in order to get a full-time job in the company where he took a part-time job. To implement his plans, he will have to perform several actions:
- Terminate the contract with the management at the main place of employment. This procedure must be accompanied by a corresponding note in the labor.
- Leave the position that he held as a part-time job, making an entry in the labor (a copy of the order will be required).
- Submit an appropriate application to the organization where you were previously listed as an incoming employee.
Some employers mention in the contract the need for a month's work in case of leaving their post. If the worker does not agree with this requirement, he has the right to submit an application 14 days before his departure (the deadline statutory). In the event that disputes arise during dismissal, it is best to resort to the help of a competent lawyer.
How to fire an internal part-time worker
This dismissal procedure practically does not differ from the usual situation of terminating the contract. The basic rule is to make an appropriate note in the dismissal order (internal or external employee).
Please note: according to paragraph 2 of article 60 of the Labor Code of the Russian Federation, in case of leaving a combined position, it is enough to notify the management about this 3 days in advance.
Sometimes the dismissal of an internal part-time worker can occur from both positions he holds. In this case, he needs to provide the manager with 2 relevant statements. Moreover, the reasons given in them for this act may vary.
The deadline for filing is 14 days before the expected date of departure. After the employer signs the necessary papers, the worker will be returned to the worker and will be calculated for both positions he occupies.
Dismissal at the request of management
The management of the organization has the right, at its discretion, to terminate the employment agreement with the part-time worker. Reasons for this may be the following:
- liquidation of the organization.
- Failure of an employee to complete a probationary period.
- Reinstatement of a previous employee.
- Theft by employees of company property.
- Hiring an individual.
In other situations, the interests of the employee are protected by the trade union (the exception is the absence of a trade union committee at the enterprise).
Reduction
The procedure is quite simple and does not require compliance special rules. The reduction of a part-time worker occurs according to a similar scheme applied to all other employees.
The manager should warn the employee about the upcoming changes. This is done in 2 months and under the signature. In this case, the employee has the right to take advantage of other free vacancies. If this is not possible, then after the reduction of the combined rate, the worker occupies only his main position.
Termination of an open-ended contract
If the management accepts the main employee for the combined position, the part-time worker is informed in writing 14 days in advance. After the expiration of this period, it is reduced, despite the concluded indefinite contract.
However, this doesn't always work. It is impossible to reduce an internal part-time worker at will if it is planned to take an employee of the same organization in his place. In the event that an urgent agreement is concluded between the employer and the part-time worker, the reduction procedure also becomes illegal. The dismissal of a combining employee at his own request is quite acceptable and is drawn up according to the usual patterns.
Time frame
Terminating labor interaction with a part-time worker, it is necessary to notify him of this in due time.
- Upon termination of the contract on the basis of Art. 288 of the Labor Code, the combining worker must be notified 14 days in advance.
- In case of dismissal due to incompetence, it is permissible to warn 3 days in advance.
- When reducing the position occupied by a part-time job - for 2 months. The same applies to making adjustments to the employment agreement.
You can prevent any bureaucratic delays if you strictly comply with all the requirements for the employment of a combining employee. Often, all manipulations are identical to those that are carried out when hiring workers to their main place of work. The main thing is to pay attention to some differences.
A part-time employee cannot be fired just because the employer does not need his services. An employment contract can be terminated with a part-time job only if it is concluded for a certain period and it has expired.
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In other cases, a fact-ground is required, on which the employee is forced to terminate the employment relationship with the employer.
The initiator of the dismissal may be the part-time worker himself, if he does not want to continue working for personal reasons.
The legislative framework
The part-time job is subject to all the rules that are used to regulate the legal relationship between the employer and the employee in the main position.
The legislator has provided for a part-time job some features of a legal nature. Chapter 44 of the Labor Code of the Russian Federation is devoted to this.
Foundations
An associate can be fired:
- if another employee was taken in his place, for whom this work will be the main one;
- worker - part-time worker;
- employer, including a branch;
- number of personnel;
- between the parties.
Lack of need for the services of a part-time job cannot be grounds for dismissal.
If a workplace is subject to abolition, then the part-time worker, if possible, should be offered another job.
Dismissal of a part-time worker
The dismissal of a part-time worker is issued by order. Guarantees and compensations to a part-time worker who combines work with study, as well as to employees with such status in the Far North and territories equivalent to it, are provided at the main place of employment.
In other situations, the part-time worker is paid compensation, which is provided for by law, labor and collective agreement.
External
An external part-time worker simultaneously works in different organizations. Dismissal is carried out according to the usual procedure.
The employee has the right to count on leave, which should be provided with leave at the main place of work.
In case of non-use of vacation, its compensation is carried out in in full.
internal
An internal part-time worker holds two jobs in one organization.
It should not be confused with a combination, when an employee performs different duties within the same schedule.
For part-time work, it is necessary that there are 2 or more schedules, 2 salaries, etc. By dismissal at the main place, the employee terminates part-time employment, unless the employer cannot offer the part-time position as the main one.
Part-time dismissal can be carried out at the request of the employee. Then he does not lose his main position and continues to work according to the employment contract.
Guarantees and compensation internal part-time provided in full.
Of your own accord
A part-time worker must write an application no later than 2 weeks before the termination of employment. In the document, he asks the employer to release him from work duties.
It is not necessary to indicate the reasons and motives for the decision, but the employer may ask about this orally.
At the initiative of the employer
Dismissal at the initiative of the employer is possible if the employee:
- grossly violated discipline;
- made repeated absenteeism;
- kidnapped cash and other values in the workplace;
- committed an immoral act;
- lost the trust of the employer;
- violated labor discipline.
Facts of gross violation labor discipline must be documented.
Upon dismissal by the employer, no compensation is paid to the employee, but the calculation for the days actually worked must be paid.
By agreement of the parties
Termination of the contract by agreement of the parties is carried out by mutual agreement.
Guarantees and the dismissal procedure are fully provided for in accordance with the dismissal at the main place of work.
On downsizing
Dismissal to reduce staff is carried out with a warning at least 2 months before the termination of the contract.
Payment of compensation is carried out for 2-6 months and depends on whether the employee is registered with the employment service and whether he has found a new vacancy.
Due to lack of qualifications
If an employee fails to pass the next certification, then he is subject to dismissal.
If it is impossible to find employment with the employee, the employment contract is terminated, and he is paid a settlement.
When hiring a permanent employee
If invited to work new employee, for which the position will be the main job, then the part-time worker should be fired.
The employer must notify the employee of hiring no earlier than 2 weeks. This cannot be done if a fixed-term employment contract has been concluded with a part-time worker.
By disability
Dismissal due to disability is possible only if the part-time worker cannot actually work for medical reasons. The very fact of issuing an ITU certificate is not considered a basis for terminating an employment agreement.
The contract with the employee may be terminated if he has not passed a scheduled professional medical examination.
Registration procedure
Dismissal is issued by order of the director of the organization. If the termination of a part-time employment contract is carried out at the will of the employee, then he must fill out an application and send it by registered mail, or submit it personally to the personnel department.
Applying
Issued in the name of the employer. The document must be signed by the employee. There is no single application form. It can be formulated freely.
Order
It is issued on the date of dismissal of the part-time worker. He must be paid the calculation and returned the work book.
The work book is returned if the employee quits his main position and at the same time terminates his activity in the status of an internal part-time job.
Entry in the workbook
A part-time worker at his own request is carried out at the request of the employee.
He must temporarily take the work book from the main job and provide it to the employer at the place of part-time work.
Timing
Warn about the dismissal of a part-time employee, on the basis of the Labor Code of the Russian Federation - Art. 288, the employer must not later than 2 weeks.
The same period applies if the part-time worker leaves of his own free will.
If the part-time job is terminated due to a reduction in staff or the liquidation of the company, then employees must be warned 2 months before the termination of employment.
Payments and compensation
In 2019, the following mandatory compensations are provided:
- in the amount of the average monthly salary (with a reduction in staff and liquidation of the organization);
- payment of sick leaves;
- holiday compensation.
Labor and collective agreements may provide for other compensations. They are paid together with the calculation for all hours worked.
Consequences of illegal dismissal
The part-time worker has the right to resolve the conflict in the ITS commission if it exists at the enterprise or the employer agrees to create it. You can contact labor inspection where they can provide free legal assistance.
When dismissing part-time employees, employers must take into account the specifics of their legal status in labor relations in order to avoid mistakes, violations of labor law requirements and the emergence of litigation with dismissed employees. In this article, we will try to understand the features of the dismissal of part-time workers.
part-time- this is the performance by an employee of other regular paid work on the terms of an employment contract in his spare time from his main job. Moreover, as a general rule, the conclusion of employment contracts for part-time work is allowed with an unlimited number of employers.
In other words, part-time work is such a very common type of additional work, when an employee in free time works under the second (third, etc.) employment contract concluded with the same or another employer, and receives a second (third, etc.) salary for this.
SHOULD THE PART-WORKING WORKER BECOMING THE MAIN EMPLOYEE BE FIRED?
Often, an external part-time worker who has quit his main job wants to continue labor Relations with the employer, for whom he worked part-time, already as the main employee.
In such a situation, employers have several natural questions at once:
1. Does an outside part-time worker who leaves his previous job become the main employee for his second employer?
2. If so, is it possible not to terminate the previously concluded employment contract for part-time work, but to make changes to it related to the recognition of work as the main one?
Similar questions were repeatedly raised before officials from Rostrud. Answering the first of them, they at one time came to the following conclusion:
In order for part-time work to become the main one for the employee, it is necessary that the employment contract at the main place of work be terminated, with an appropriate entry in the work book. In this case, part-time work becomes the main one for the employee, but this does not happen “automatically”. An employment contract concluded at a part-time job must be amended (for example, that the work is the main one, as well as if the employee's working hours and other conditions change). […]
In addition, only with the consent of the employee, it is possible to terminate the employment contract for part-time work (for example, by agreement of the parties, at their own request), and then conclude an employment contract with other conditions. At the same time, appropriate entries are made in the work book of the employee. Thus, the lawyers of Rostrud rightly give a positive answer to the first question, however, it is emphasized that any legal action, including changing the terms of an employment contract, requires documentation.
The officials answered the second question in two ways. As we can see, it is also possible to change the previously concluded employment contract for part-time work, and its termination with the subsequent admission of the former part-time worker to the main place of work under a new employment contract.
However, in recent times Rostrud experts are increasingly supporting the latter option. Thus, the Deputy Head of the Department for Supervision and Control over Compliance with Labor Legislation Federal Service on Labor and Employment of the Russian Federation T. M. Zhigastova in her interview noted that in a situation where a part-time job leaves the main place of work and wants part-time work to become the main one, and his employer does not object to this, in order to exclude violations related to registration of a work book, you must first dismiss this part-time worker, and then hire him again, but already as the main employee in compliance with the procedure established by labor legislation. This approach can be fully supported, since only it allows employers to avoid problems with issuing a work book for a part-time worker who has changed his status.
In fact, the transition of an employee from part-time work to the main place of work cannot be recognized as a transfer to another job, because neither labor function employee or structural subdivision, in which it works, does not change. Only the nature and working conditions are transformed, however, these changes are not recorded in the employee's work book, which prevents them from being correctly reflected in personnel documents. Nevertheless, Rostrud gives recommendations on what entries are possible in the work book if the part-time worker is re-registered for the main job without dismissal, through supplementary agreement to an employment contract.
Extract from the letter of Rostrud dated October 22, 2007 No. 4299-6-1
In the event that the work book of the employee did not have an entry about part-time work, then in the work book of the employee, after the record of dismissal from the main place of work, the full name of the organization, as well as the abbreviated name of the organization (if any) are indicated in the form of a heading. Then an entry is made on the acceptance of the employee to work from the day the work began with a specific employer with reference to the relevant order (instruction) and indicating the period of work as a part-time job.
In the event that the employee’s work book contains an entry about part-time work made at one time at the main place of work, then after the entry on dismissal from the main place of work and the entry on the full, as well as the abbreviated (if any) name of the organization in the work book should make an entry stating that from such and such a date, work in such and such a position has become the main one for this employee. In column 4, a reference is made to the relevant order (instruction).
DISMISSAL OF A PART-TIME WORKER WHEN REDUCING STAFF
The legislator does not exclude the possibility of dismissal of part-time workers to reduce the number or staff of employees of the organization ( individual entrepreneur). It is known that one of the guarantees provided to employees dismissed on this basis is severance payment in the amount of their average monthly income. Besides, average earnings remain for such employees and for the period of their employment, but not more than two months from the date of dismissal (including severance pay), and in exceptional cases - within the third month after the day of dismissal (by decision of the public employment service, taken on the condition that within two weeks after the dismissal, the employee applied to this body and was not employed by him).
Guarantees and compensations provided for by labor legislation and other regulatory legal acts on labor, collective agreement, agreements, local regulations are provided to part-timers in full. The exception is guarantees and compensations for persons combining work with study, as well as for persons working in the Far North and equivalent areas, which are provided only at the main place of work.
As we can see, formally the law does not include guarantees, the right to which the employee arises when the staff is reduced, in the number provided only at the main place of work. Therefore, some experts come to the conclusion that the reduced part-time workers are not only paid severance pay, but also retained the average earnings for the period of their employment.
However, there is another position on this issue. In particular, the Deputy Director of the Department wages, labor protection and social partnership of the Ministry of Health and Social Development of Russia N. Z. Kovyazina notes the following: “When dismissed due to a reduction in the number (staff), part-time workers are paid severance pay only. Average earnings for the period of employment for the second and third months after their dismissal not saved because they have a main place of work, and they are employed.” This position is supported by many other experts.
Analysis of the norms of Art. 178 of the Labor Code of the Russian Federation leads us to the conclusion that the goal of maintaining the average salary for the employee fired for the second and third months after the dismissal is his material support for the period of job search. And if a laid-off employee finds a job, for example, before the expiration of the second month after the dismissal, then the average salary will be kept for him and paid only until the moment he starts a new job.
Reduced part-time worker at the time of dismissal, as a rule, has a primary job, that is, in fact, he is employed. Therefore, he does not need material support for the search period. new job. Consequently, he usually does not have the right to receive the payment we are considering, which is purely targeted. But if by the time of dismissal for reduction the part-time worker already lost his job due to dismissal for any reason, then the average earnings for the period of employment must be kept by the employer for whom he worked part-time.
This means the termination of a fixed-term employment contract with a part-time job on the basis provided for in Art. 288 of the Labor Code of the Russian Federation, will be illegal.
When applying this ground for dismissal, it is important to take into account that the legislator is talking about the right of the employer to hire the main employee, that is, about the initial conclusion of an employment contract with him, and not about the internal transfer of another employee to the position previously occupied by a part-time job. At the same time, for the main job new employee can be accepted both on a full-time basis and on other conditions (for example, with part-time or part-time work).
Unfortunately, employers do not always correctly understand the conditions under which it is possible to apply the grounds for dismissal we are considering, which inevitably leads to labor disputes with co-workers. Let's take an example from judicial practice, showing that the newly hired instead of part-time worker must perform exactly the work that the dismissed part-time worker previously did.
ARBITRAGE PRACTICE
Decree of the Presidium of the Moscow City Court dated October 10, 2008 in case No. 44g-391
Citizen F., who worked part-time as an electrician for elevators in RU-7, was dismissed in connection with the hiring of an employee in his place, for whom this work became the main one. Citizen F. challenged his dismissal, believing that it was unlawful. The Izmaylovsky District Court of Moscow dismissed F.'s claim, and the Judicial Collegium for Civil Cases of the Moscow City Court upheld the court's decision. But the Presidium of the Moscow City Court canceled these court decisions, stating the following: “In refusing to satisfy the claim for reinstatement, the court proceeded from the fact that the defendant presented evidence that F. main place of work. However, the court did not take into account that the circumstances that are important for the correct resolution of claims for the reinstatement of persons whose employment contract was terminated under Art. 288 of the Labor Code of the Russian Federation, in addition to establishing the fact whether the employee was accepted by the employer to the main place of work, there will also be a circumstance whether the accepted employee performs the same work as the part-time employee. F. was hired by the defendant as an electrician for elevators of the 6th category in combination ... S. was hired for the position of an electrician for elevators of the 3rd category, permanently, according to the staff list, without the right independent work... Since the court did not verify the fact whether the employed worker S. performs the same work as the part-time worker F., that is, the court did not fully investigate and establish all the circumstances relevant to the case, this led to the issuance of an unlawful and unreasonable decision.
A part-time employee is an employee who, in his spare time from his main job, regularly performs some work during part-time work. The part-timer can be internal and external. With internal combination, both the main and extra work are in the same company, with external part-time work, the main and additional work is in different enterprises. This article will discuss how to properly dismiss a part-time job and what nuances should be taken into account.
Grounds for dismissal
The grounds for dismissal of a part-time job are exactly the same as for the dismissal of an employee at the main place of work.
At the same time, the dismissal of an external part-time worker is absolutely no different from the dismissal of an internal part-time worker.
It is impossible to dismiss part-time workers who are on sick leave, on vacation, on maternity leave or on parental leave.
Termination of an employment contract with a part-time partner
If a fixed-term employment contract was signed with a part-time worker, then it can be terminated only after the expiration of its term. An exception to this situation are cases when the dismissal occurs due to a violation of labor discipline or in the event of the complete liquidation of the enterprise.
If the employment contract was signed indefinitely, then the employer has the right to dismiss the part-time employee if the main employee was found in his place. In this situation, the employer must send a notice to writing no later than two weeks before the expected date of dismissal. At the same time, the employee may quit his main job, then the part-time job will be considered the main one, and the dismissal of the employee at the initiative of the employer due to the fact that the main employee has been found will be impossible.
The procedure for dismissal of a part-time worker
The procedure for part-time dismissal is no different from the procedure for dismissal of an employee at the main place of work.
A part-time worker can be dismissed of his own free will, by agreement of the parties or at the initiative of the employer (due to a reduction or change in staff).
In case of dismissal of an employee of his own free will or by agreement of the parties, the employee writes a letter of resignation, a dismissal order is drawn up, if necessary, a corresponding entry is made in the work book (if an entry was made in the work book about a part-time job. Such an entry is made according to the main place of work on the basis of relevant documents).
Part-time work upon dismissal is mandatory (except in cases where the employee and the employer have reached an agreement on the absence of work or a reduction in the period of work).
The date of dismissal of a part-time worker cannot be a holiday or a working day, even if the employee worked on that day, since on the last working day the employer must make the final settlement with the employee.
Reduction of a part-time employee
Two months before the proposed reduction, the employee must be notified of this. At the same time, an order is issued to amend the structure of the enterprise and staffing. During these two months, the employer is obliged to offer the employee other vacancies. At the same time, the proposed vacancies may have lower pay and require less qualifications from the employee. If an employee refuses the offered vacancies, then there is a dismissal due to staff reduction.
In this case, the employee must be paid a severance pay in the amount of the average monthly salary. These payments are saved for another two months, if during this period the employee cannot find a job.
When reducing part-time jobs, it should be taken into account that pregnant women, persons who are the sole breadwinner in the family, trade union workers (if part-time work is related to trade union activities) cannot be fired.
Companion's dismissal order
Upon dismissal of a part-time worker, a dismissal order is issued. A part-time dismissal order is drawn up in the T8-a form, it must contain the following information:
surname, name and patronymic of the part-time worker;
position of a part-time worker;
personnel number of the part-time worker;
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.
Vacation compensation upon dismissal of a part-time worker
When dismissing a part-time worker, it is necessary to calculate compensation for unused vacation days or deductions for overspent vacation days.
The vacation of a part-time worker must coincide with his vacation at his main place of work, therefore, sometimes there are situations that a part-time employee takes vacation in advance, in this case, upon dismissal, deductions for overspent vacation days are calculated.
If the part-time worker did not take a vacation at work part-time for the duration of the vacation at the main place of work, upon dismissal, he is compensated for the unused vacation.
An employee with the status of a part-time worker does not work full time at the workplace. The laws of the Russian Federation do not make it clear what the maximum amount of work can be assigned to the shoulders of an employee. There are two main types of combination according to Article 60.1 TC RF :
- Internal - the employee works additionally at the same enterprise, only in a different position.
- External - the worker works in another enterprise.
It is important that an employee, regardless of the number of jobs, must be officially arranged everywhere, otherwise he will be powerless and defenseless in relation to his superiors. The administration on any occasion can dismiss the part-time worker without being responsible for this. The part-time worker has equal rights along with other full-time employees, the dismissal occurs according to general rules.
To guarantee their rights, the part-time worker needs to make sure that everything is properly framed. This raises the question: how to make an entry in the work book part-time. The fill pattern is located.
Dismissal of a part-time employee at the initiative of the employee
If the employee does not want to continue the employment relationship with the company, the option of part-time dismissal of his own free will is possible. TC Russian Federation defines procedure for such dismissal. It happens, as well as deprivation of work of the main employee. The worker submits an application to the authorities, which, after consideration, issues an order for the company to dismiss this employee.
Part-time worker following the letter of the law undertakes to work the stipulated two weeks unless otherwise agreed upon in this regard. The day of dismissal cannot fall on a weekend or holiday, even if during this period the employee was at the workplace and performed his duties. Everything is produced on the last day due payments. The Human Resources and Accounting departments will not be at work during this time.
How to dismiss an employee from an internal part-time job?
Dismissal by internal combination happens when the list of duties of the worker increases and, in view of the limited time, he copes with the main and additional activities. There is a need for a full-time employee.
You can fire a part-time worker based on:
- Statement of their own desire to quit.
- Completion of the TD.
- Agreement of the parties to the TD;
Also, deprivation of a job is possible at the initiative of the authorities, if the part-time worker violates the terms of the TD or commits illegal actions, citizens in Art. 81. It is worth noting that the employer cannot fire a non-primary employee if:
- This is a woman expecting a baby.
- Parent of many children.
- Is in maternity leave or on treatment with the presentation of a sick leave.
A part-time job with whom an indefinite TD was concluded may be dismissed if a person for whom this work will be the main one applies for the same position according to article 288. Article 77 indicates that in other cases, the part-time worker is deprived of his job according to the general rules. Employees with special benefits may lose their jobs only under articles 81 and 261 .
Sample entry in the work book about part-time dismissal
An entry in the work book upon dismissal must be made on the day of deprivation of work. The entry indicates the number and date of the order, the name of the enterprise and the reason for dismissal. The entry is made only on the basis of an order and can be of the following format:
“The part-time employment contract has terminated in accordance with paragraph 3 of part 1 of Art. 71 of the Labor Code of Russia, at their own request. Order of Romashka LLC dated March 6, 2018.
After that, the book with a copy of the dismissal order is transferred to the part-time worker who terminated the contract.
How to dismiss a part-time employee without his consent?
Few on own initiative wants to lose extra income. The legislation reserves the right for the employer to dismiss the part-time worker in the following cases:
- There was an employee for whom this place will be the main one.
- Closing the enterprise.
- Reorganization, which led to the reduction of the position of a part-time job.
- Termination of urgent TD.
- The employee has a lot disciplinary violations which are negatively reflected in the production activities of the enterprise.
- Inadequacy of qualifications for the position held.
Transfer to a part-time job from the main place of work without dismissal
The procedure for such a transfer is not provided for by the Labor Code of the Russian Federation, since part-time employment implies the presence of a main place of work. Thus, it will be a change in the rate and the length of the working day. Even if a person has a main workplace, then he needs to provide labor to the personnel department, and it is possible to pick him up from his previous place of work only after the termination of the TD. It is advisable to dismiss a person from the main place and accept it again, but with the mark “part-time”.
