Dismissal of the internal part-time worker. Grounds for dismissal. Dismissal of an external part-time worker

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 an internal part-time job, both the main and additional work are in the same company, with an external part-time job, the main and additional work are at 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, dismissal external part-time worker absolutely no different from being fired internal part-time.
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 its expiration. An exception to this situation are cases where the dismissal occurs due to a violation labor discipline or upon 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.

The partner may be fired own 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, an appropriate entry is made in the work book (if work book a record was made of hiring for a part-time job. Such an entry is made at 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 the staffing table. 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 severance pay in the amount of the average monthly wages. 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 only 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 corresponding article 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.

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 is the performance by an employee of other regular paid work on the terms employment contract during free time from work. 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, combination is such a very common type additional work when the employee 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 job, who has quit his main job, wants to continue his employment relationship 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, since neither the labor function of the employee, nor the structural unit in which he 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 for 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 about labor collective agreement, agreements, local regulations, are provided to part-time workers in 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 their 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 of Wages, Labor Protection and Social Partnership of the Ministry of Health and Social Development of Russia N. Z. Kovyazina notes the following: 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 earnings for the second and third months after the dismissal of an employee dismissed 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 work. 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 a part-time or part-time work week).

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 Izmailovsky 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: “Declining to satisfy the claim for reinstatement, the court proceeded from the fact that the defendant presented evidence that F. worked ... part-time, while S. was accepted for 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 staffing, no 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.

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

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

Order to dismiss an internal part-time job: sample

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

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

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

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

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

Dismissal of a part-time worker at his own request

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

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

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

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

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

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

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

Application for resignation part-time - sample and explanations on how to fill it out can be obtained by the employee from the personnel department of the employing organization. Also, in the material we offer, answers are given to some questions related to the preparation of such a statement.

The procedure and grounds for the dismissal of a part-time worker

A part-time employee is subject to all labor laws and local regulations, with him, as well as with others, an employment contract is concluded.

The procedure for dismissing a part-time job also remains the same as for other categories of workers, and includes the following steps:

1. Drawing up an application (by an employee) or information letter(employer) of the intention to terminate the employment contract.
2. Layoff notice. The notice period, that is, the length of the working period, depends on the reason for dismissal.
3. Drawing up a dismissal order, issuing settlement payments, a work book and other documents related to the employee's labor activity.

In case of dismissal of his own free will, the employee must comply with the provisions of Art. 80 of the Labor Code, timely informing the employer in writing of his intention. However, the Labor Code also contains some additions regarding the dismissal of part-time workers.

An employment contract with a part-time worker can be terminated both at the initiative of the employer and by decision of the employee himself. At the same time, for part-timers, Art. 288 provides for an additional reason for dismissal - hiring an employee for whom this position will be the main one. In this case, the employer informs the employee in advance in writing.

NOTE! If an employee performs additional labor functions on the terms of combination according to Art. 60.2 of the Labor Code of the Russian Federation, that is, without concluding a separate employment contract, he has the right to refuse it at any time by notifying the employer in writing at least 3 days in advance. At the same time, refusal to combine cannot serve as a basis for dismissal of an employee.

Sample notice of dismissal of a part-time worker

Observing the rule on the advance warning of the employee about the upcoming termination of the employment contract, the employer draws up a notice in free written form. Its sample looks like this:

Notification

In connection with the recruitment of an employee for the position of a merchandiser of Ecotext LLC, for whom this work will be the main one, in accordance with Art. 288 of the Labor Code of the Russian Federation, we inform you that the employment contract No. 51 concluded with you dated February 12, 2016 will be terminated on October 15, 2016.

01.10.2016

Director: (signature) Selivanov P.A.

Part-time dismissal order, sample

The form of the order T-8 on the dismissal of employees was developed in 2004 and is still in use. Its use is also possible in cases of termination of employment contracts with part-time employees.

An employee of the personnel department must fill it out, indicating the following mandatory data:

• full name of the enterprise;
• registration number of the order of dismissal;
• the date of the order;
• the name of the document is “Order on termination of the employment contract”;
• date of conclusion and registration number of the terminated contract;
• date of dismissal of the part-time employee;
• Full name of the dismissed employee;
• Name structural unit where the employee worked;
• grounds for termination of the employment contract with an indication of the article of the Labor Code of the Russian Federation;
• registration data of the document serving as the basis for dismissal.

On the part of the employer, the document is signed by the head of the organization or another authorized person. After drawing up the order, it is mandatory to present it to the employee for review, after which he also signs the document.

Considering that the Labor Code of the Russian Federation provides an additional basis for the dismissal of a part-time worker due to the employment of another person to work as the main one, we will consider a sample order in such a situation:

IMPORTANT! In part 1 of Art. 373 of the Labor Code provides a closed list of grounds for the dismissal of an employee - a member of a trade union, requiring agreement with the trade union body of the employer, and dismissal under Art. 288 TC is not included in this list.

It is worth paying attention to the mandatory written informing of the employee about the upcoming dismissal in connection with the admission of another employee to the position as the main one. This must be done at least 2 weeks before the termination of the employment contract. The date of dismissal and the date of drawing up the order may differ.

Sample letter of resignation for part-time worker

Application for the dismissal of an internal part-time worker

If the internal part-time worker completely terminates the employment relationship with the employer, then the dismissal process takes place in the general manner established by the Labor Code of the Russian Federation. The Labor Code does not provide for the mandatory mention of internal part-time employment in an employee's resignation letter. Consider a sample application for dismissal in accordance with paragraph 5 of Art. 77 of the Labor Code of the Russian Federation (when transferring an employee):

Director of Ecotext LLC

Selivanov P. A.

Pitrenko L. S.

Statement

I ask you to terminate the employment contract concluded with me dated February 12, 2016 No. 51 and dismiss me in the order of transfer from Ecotext LLC to Agroimpeks CJSC on 10/15/2016. I am enclosing a letter of transfer to Agroimpeks CJSC dated 09/30/2016.

01.10.2016

Application for dismissal of an external part-time worker

We will separately consider the option of dismissing an external part-time worker. External are considered part-time workers who perform official duties at another enterprise during the time free from the main work. The work book of such an employee is kept by the main employer, while at the request of the employee, records can be made in it about labor activity and dismissal from part-time work. When such an employee is dismissed, the application must indicate the fact of part-time work.

The statement in this case looks something like this:

Director of Ecotext LLC

Selivanov P. A.

from a regional representative

Pitrenko L. S.

Statement

I ask you to dismiss me of my own free will from my part-time position as a merchandiser on 10/04/2016.

01.10.2016

Signature: (signature) Petrova L.S.

Making entries about dismissal in the work book of a part-time job

The procedure for making entries in the work book is approved by the Decree of the Ministry of Labor “On approval of the Instructions ...” dated 10.10.2003 No. 69. In accordance with it, all entries, including the dismissal of part-time workers, are made at the main place of work.

Please note that entries about part-time work are made at the request of the employee. An employee who plans to make an entry about the termination of an employment contract at a part-time job must take a document from the personnel department confirming the fact of employment and dismissal. The record of dismissal is made subject to the availability of a record of employment.

The procedure provides for an indication in the relevant columns:

1. Record numbers.
2. Dates of admission and dismissal.
3. Marks of part-time employment indicating the position, profession, specialty and qualifications of the employee.
4. Information about the document - the basis for the record (name, date, number).

Thus, part-time workers are subject to standard rules registration of dismissal, including writing an application, drawing up an order to terminate the employment contract and making an entry in the work book.

Part-time work is a widespread practice in all areas of business. On this issue, there is a wide the legislative framework. And yet, in the problems of hiring and dismissing part-time workers, both employers and part-time workers themselves are often confused.

General concepts

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

There are two types of combination: internal and external.

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

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

The main condition for part-time work is an official device individual both primary and secondary jobs.

Grounds for dismissal of a partner

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

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

Citizen performing labor activity concurrently, has the same rights as an employee working in the main state. For many positions, there is no difference in the grounds for dismissal of a part-time employee and a permanent employee.

Thus, the general grounds for dismissal are:

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

Voluntary dismissal

The procedure for passing such a 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 him, putting the appropriate resolution, an order is issued to dismiss him. When it is impossible to agree with the authorities on early departure, such a dismissal on one's own initiative obliges to work out the prescribed two weeks. Exists small nuance for an external collaborator. If he wants to record his part-time dismissal in a 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 the internal part-time worker wants to leave the additional job, but at the same time remain on the main one, he must notify the employer of his intention three days before the date of departure.

The application of the part-time partner for dismissal of his own free will is submitted at least three days before the date of the proposed dismissal

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

Dismissal at the initiative of the employer

The main reasons for dismissal in this situation are:

• Downsizing (art. 81. 1);
• Liquidation of an enterprise (art. 81. 2);
• Gross disciplinary offense (art. 81. 6).
• Inconsistency of the position held by the level of qualification (Article 81.3);
• Concealment of income or conflict of interest (art. 81. 7. 1);
• Committing immoral offenses Art. 81.8);
• Providing false documents when applying for a job (art. 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 property of the company is lost or harmed (Article 81. 9). Applies 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 non-qualification, according to the results of the certification commission, some special conflict may arise. Let's assume that such a rather ordinary situation arises when an employee has not passed the certification for the main job and at the same time claims this place as an internal part-time job. Then, in order to take this position, this employee is first obliged to quit his job as a part-time worker on his own initiative, by agreement of the parties, or under Art. 288 of the Labor Code of the Russian Federation, and after that, go back to work as a full-time employee.

Dismissal by agreement of the parties

With this option of dismissal, general order termination of the contract. The difference with the dismissal of a full-time employee lies only in the fact that here in the order and the entry in the work book it is necessary to mention in the reference to the basis that it is the part-time worker who is resigning.

The entry in the workbook will then look like this:

Dismissed from part-time work by agreement of the parties, paragraph 1 of part 1 of 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 ground 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 job performed by a part-time employee.

In the event of such a situation, only a part-time worker who has concluded an open-ended employment contract with his employer is subject to dismissal. Art. 288 cannot be applied to personnel working on a fixed-term contract.

The employee must be notified in advance of the intention to dismiss under Article 288. The notice shall be sent at least two weeks prior to the planned termination.

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

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

The procedure for dismissal of a partner

Termination procedure labor relations with a part-time job in general terms does not differ from the general dismissal procedure. The entire process of dismissal 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 in the workbook.
4. Estimated payments.

Preparation of documents justifying the dismissal

Such documents include:

• acts of disciplinary violations;
• notice of upcoming layoffs;
• notification of the upcoming liquidation of the enterprise;
• an order to hire a permanent employee instead of a part-time employee;
• other certificates, acts and messages.

Notification and publication of the order of dismissal

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

Another thing is 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 worker two weeks before the dismissal. The notice shall be drawn up in writing and handed over to the employee against receipt.

The notice of dismissal is presented to the part-time worker at least three days before the date of the upcoming dismissal.

It must indicate the grounds for dismissal, 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. It does not matter what kind of combination takes place - internal or external. With any method of combination, the order must contain the following elements:

• Full name of an employee working as a part-time employee;
• Position, rank, category of part-time worker;
• Employee's payroll number;
• Date of dismissal;
• Grounds for dismissal with a mandatory reference to the article of the Labor Code;
• A brief description of the payments and deductions made;
• Head's signature;
• Signature of the part-time worker on reading the order.

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

Entry in the work book

Nothing obliges an employee to enter information about his work experience as a part-time worker in the work book (Article 66 of the Labor Code of the Russian Federation). Quite often, part-time records are needed by an employee in order to show his experience in a particular position. Such entries are made only at the request of the part-time worker. If a record of dismissal from the main job is necessarily entered into the work book on the day the relevant order is issued, then in the event of the dismissal of a part-time job, it is not necessary to talk about the timing of the entry.

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

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, you 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.

The enterprise where the part-time worker worked is obliged to issue him a certificate within three days from the date of 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 applies to his main place of work, where an entry is made in the personnel department in his work book. At the same time, the law does not regulate the method of contacting the organization with a request to make an entry in the work book. Of course, it is easier to express your desire in words. However, such an oral appeal may, in general, not be reacted to or delayed with an answer. Therefore, lawyers recommend that you apply for an entry in writing.

It is preferable that such a declaration be made in writing.

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

The record itself is made similarly to the record of the dismissal of an employee from the main place of work. In this case, it is imperative to write the reason for dismissal and indicate that the work was carried out part-time.

Final settlement with a partner

If the time for making an entry in the part-time work book can be somehow extended, then there should be no delay in issuing the payments and compensation due to him. All due amounts must be paid strictly on the day the employment contract with him is terminated (Article 140 of the Labor Code of the Russian Federation).

Such payments, as in the case of full-time employees, include:

1. Salary for the days worked in the last month.
2. Compensation for unused vacation.

And also, in addition to settlement payments, a part-time job on the day of dismissal is supposed to hand over a dismissal order and income statements. In addition to these mandatory documents, the employee may be issued, at his request, other documents confirming his passing seniority part-time: translations for work, gratitude, awards and so on.

It should be noted that the delay due payments may lead the employer to impose penalties on him in the form of interest for each day of delay (Article 236 of the Labor Code of the Russian Federation).

The dismissal of a part-time job is not as simple as it seems at first glance. The procedure for terminating an employment contract with part-time workers is strictly regulated by law. It requires careful study and a serious approach.