When dismissing part-time workers, it is worth considering a number of features, although the procedure itself is not much different from dismissing other employees.

What rules for terminating employment relations with this category of employees apply in Russia? It is important not to miss any details when terminating an employment contract with a part-time worker.

Indeed, despite the similarity of the procedure for dismissing main employees and people who work part-time, there are nuances that should not be forgotten.

Required information

First, let's define who a part-time worker is and what are the rules for hiring him. Only after we have sorted out this information can we move on to the specifics of the dismissal procedure.

Basics

Employment of a part-time employee

Before accepting an employee, it is worth determining whether he works in difficult and dangerous conditions or drives vehicles.

After all, in this case, part-time work is impossible. But the following categories of workers cannot be part-time workers:

• advocate;
• judge;
• head of the organization;
• minor;
• police officers;
• prosecutor;
• municipal employee;
• external intelligence officer;
• security officers;
• deputy

The procedure for applying for a job is no different from general cases. It consists of the following stages:

1. A number of certificates (identity card, documents confirming education) are prepared and submitted.
2. An employment agreement is drawn up according to general rules.
3. The leader publishes.
4. The person begins to fulfill his labor obligations.

The employment contract reflects:

• date of conclusion;
• company name;
• details of each party;
• rights and obligations;
• features of remuneration;
• working conditions;
• liability in case of violation;
• duration of the contract;
• when the contract can be terminated.

If, upon hiring an internal part-time worker, a valid contract is entered into, this will be considered a violation.

Issues regarding the establishment of a probationary period for a part-time worker are decided by the management of the enterprise. If this is prescribed, it is carried out according to the general rules.

Legal regulation

The main document to rely on is the Labor Code ().

The list of situations when a person can be dismissed is in Art. 77, and the peculiarities of dismissal of a part-time worker are discussed in Art. 288.

Procedure for part-time dismissal

Grounds for dismissal of a part-time worker:

• the decision of the employee himself;
• by agreement of the parties ();
• hiring a key employee for this position;
• the company is being liquidated;
• the state of his health has deteriorated (if it is known that the employee cannot perform this work);
• enterprise and a decision was made to reduce this position.

These are the main reasons. Generally speaking, we can distinguish the grounds when a person independently wants to quit, and when the employer becomes the initiator of termination of the employment contract.

Dismissal is also possible on the grounds specified in Art. 77 Labor Code of Russia.

The process of dismissing a part-time worker differs from the general procedure, because the work book remains at the enterprise, which is the main place of work.

If an agreement is signed for an indefinite period, employers can dismiss part-time workers when a main employee is found in his place.

In this case, notice of dismissal must be sent 2 weeks before settlement. Dismissal process:

• The employee writes a statement addressed to the manager.
• The employer issues a notice or order of dismissal.
• If there is such a need, put a mark in the work book.

How to write an application correctly? There is no set pattern. General recommendations should be followed:

• write a header indicating the addressee of the application and the employee’s details;
• the very essence is stated - a request for dismissal;
• signed and dated.

At the initiative of the employer

The employer has the right to decide to dismiss a part-time worker in the following cases:

At your own request

The procedure for dismissing a part-time worker is the same. He writes a statement, the company management prepares it. Then he will have to work for two weeks and be fired.

The obligation to work can be canceled if the parties decide to do so. It can also be reduced, again, if the employee and employer agree on this.

Every employee has the right to terminate the employment relationship. Moreover, he can do this at any time. And it doesn’t matter what kind of contract he works under - fixed-term or indefinite. This also applies to part-time workers.

This means that if a part-time worker asks about dismissal, the employer does not have the right to refuse and dismisses him in accordance with the Russian Federation.

An employee cannot be fired on a holiday or day off, even if the person was at work on that day.

After all, the employer is required to prepare a number of certificates and documents, and it is unlikely that anyone will be in the HR and accounting department on such a day.

When deciding to leave, a part-time worker must notify the management of the enterprise a couple of weeks before dismissal. The countdown of this period will begin from the moment the application is submitted.

But at the same time, the employee has the right not to be at work during this time. He has the right to stay at home, having issued a certificate of incapacity for work or leave. In this case, the dismissal period will not be changed or postponed.

Remember that the employer does not have the right to refuse to dismiss a part-time worker. This will be contrary to the law, as it will violate the employee’s rights.

During the period of service, a person may change his mind about quitting. In this case, he can withdraw the submitted application and continue to work.

But if his decision has not changed, then on the payment day the employer will issue:

• work book;
• a copy of the orders;

Calculation can be made earlier (without waiting for the end of mining) if:

• the employer and part-time worker have reached such an agreement;
• the employee has been accepted to study at an educational institution;
• the person resigns due to retirement;
• a citizen moves to another city;
• the employer has committed an action that is contrary to the law.

By staff reduction

Part-time workers have the same rights as main employees. This means that it is permissible to lay off such an employee in compliance with the general rules.

The dismissal procedure is as follows:

When reducing staff, they do not distinguish whether the main employee is an employee or a part-time employee. You cannot discriminate against a person on this basis.

If an employee's rights are violated, he has the right.

The employer has the right not to pay the part-time worker for another 2 months, since he still has his main place of work.

Is it possible without consent?

The employee's consent to dismissal is not required:

Formation of an order (sample)

When dismissing an employee holding a part-time position, an order is issued.

The document should indicate:

1. Full name of the employee with whom the contract is being terminated.
2. His position.
3. Personnel number.
4. Date of termination of the employment relationship.
5. A reference to the relevant legal norm and the reason for termination of the agreement.
6. Management signature.
7. Employee signature.

The order for the dismissal of an external and internal part-time worker is no different. Sample order:

Entry in the work book

On the day of dismissal, the employee must receive a work book with the corresponding entry. If a mistake is made, it should be corrected immediately.

The work book is filled out at the place of main work. But the employee must bring a document that confirms his dismissal.

The certificate must reflect the reason and justification for termination.

This may be a photocopy of the order or another certificate with reference to an article of the Labor Code of Russia, which regulates the grounds for dismissal.

Information about part-time work is entered into the work book if the employee wishes. But to do this, you should write an application addressed to the head of the human resources department, who is responsible for maintaining the work record book.

Such a statement is made arbitrarily. Data is entered into the labor report according to the same rules as for the employee at his main place.

When dismissing internal part-time workers, an entry is made in the work book, but they are not stamped and the person in charge does not sign. This does not apply to main positions.

What to do if a person leaves his main place of work and joins another company (where he was a part-time worker) full-time?

Then you need to adhere to this order:

If a person quits his main job, but remains an employee of the company where he worked part-time, only one entry is made in the employment record.

If a citizen later decides to quit his part-time job, the work book will be filled out in the same way by the company where he is employed as the main employee.

Emerging nuances

Let's figure out what you should remember when dismissing an internal and external part-time worker. We will also find out what payments such employees are entitled to.

For external part-time worker

Peculiarities of external part-time work - a person has the right to work part-time in an organization, even full time, but the total hours in this case should not exceed the number of hours at the main place of work.

The work books of such workers are kept at their main job, and an entry about part-time work may not be made in it.

If a person wishes to become a member of the main staff of the enterprise where he works additionally, he must go through the dismissal procedure for all places of work. Dismissal is carried out according to the standard scheme.

For internal part-time worker

Often, in order to optimize the staff, internal part-time work is used. Employers give their employees the right to work in another position during their free time from their main job.

Internal part-time work takes place:

• when another employee is needed;
• when an irreplaceable employee is away from work for a long time (he is on vacation, on sick leave);
• if the staff is being reduced, but you need to hire someone who will fulfill the obligations of the dismissed persons

To dismiss a person who is an internal part-time worker, order T-8a must be issued. When resigning from a part-time position, a citizen can remain in his main position.

But if it is calculated in full, then the work book will reflect 2 entries - one about the dismissal of a part-time employee, the second - about the main employee. When making payments, 2 personal accounts are created.

In connection with the hiring of a key employee

A part-time employee is dismissed upon hiring the main employee on the basis of the provisions of the Labor Code of the Russian Federation.

But such benefits do not apply to part-time workers (), the average salary will be paid in accordance with Art. 178 TK.

The procedure for dismissing a part-time worker is not much different from that carried out when terminating an employment contract with the main employee.

But, as you can see, there are little things that cannot be overlooked. Otherwise, you will violate the law.

Be careful when terminating your employment relationship. And if you have any questions, you can always contact a specialist for advice.

In addition to the main job, any worker has the right to have a part-time job, which is otherwise called a part-time job. Additional tasks may come from either your current employer or an outside company. In the first case, the employee plays the role of an internal part-time worker, and in the second, an external part-time worker.

In some situations, dismissal of a part-time employee may cause some inconvenience.

The interaction between workers and employers is fully regulated by the Labor Code. All information regarding combined activities (conclusion of an agreement, available compensation and guarantees) is described in detail in Chapter 44 of the Labor Code of the Russian Federation. Information on how to dismiss a part-time worker, as well as the relevant grounds for this, are regulated by Art. 288 Labor Code.

Dismissal at the request of the employee

Dismissing a part-time employee at his own request is fraught with certain nuances that a HR specialist should know. The basic rule is that those leaving work for 14 days immediately before leaving. This requirement is quite legal, since management needs time to provide a replacement for the departing employee.

However, there are exceptions to the rules. These include:

• Cancellation of work by mutual agreement of the parties.
• Due to the employee’s enrollment in an educational institution.
• Due to the retiring employee's retirement.
• In connection with the worker’s move for permanent residence to another region.
• Due to the presence of violations by management of the Labor Code of the Russian Federation.

In the latter case, the employee has the right to leave his position on the day he submits his resignation letter.

The listed options at the legislative level allow the worker to leave without working.

How to fire an incoming part-time worker

To ensure that dismissal of an external part-time worker at your own request does not cause trouble, you should initially correctly and legally conclude an employment agreement with him:

1. First of all, the applicant submits a corresponding application to management.
2. After approval of his candidacy for this position, an employment contract is concluded between the parties.
3. The issuance of an appropriate order makes the applicant a full-fledged part-time employee.

The manager should be aware of some subtleties in case the external employee decides to end this interaction. Here is their list:

• You cannot terminate an employment agreement on a day off.
• It is necessary to make a corresponding note in the work book of the person leaving. Since it is located in the HR department at the main place of employment, the employee should request it under signature for a while.
• You should not try to deprive a part-time employee of the compensation due to him (impose any unjustified fines, etc.). These actions of unscrupulous employers are very easily challenged in court.

Sometimes an external employee quits his main job in order to later get a full-time job at the company where he took part-time work. To implement his plans, he will have to perform several actions:

1. Terminate the contract with management at the main place of employment. This procedure must be accompanied by a corresponding note in the labor document.
2. Leave the position you held as a part-time worker, making an entry in your employment record (a copy of the order will be required).
3. Submit a corresponding application to the organization where you were previously listed as a visiting employee.

Some employers mention in the contract the need for a month's work in case of leaving their position. If the worker does not agree with this requirement, he has the right to submit an application 14 days before his departure (the period established by law). In cases where controversial issues arise during dismissal, it is best to seek the help of a competent lawyer.

How to fire an internal part-time employee

This dismissal procedure is practically no different from the usual situation of termination of a contract. The basic rule is to make a corresponding note in the dismissal order (of an internal or external employee).

Please note: according to clause 2 of Article 60 of the Labor Code of the Russian Federation, in case of leaving a part-time position, it is enough to notify management about this 3 days in advance.

Sometimes the dismissal of an internal part-time worker can occur from both positions held by him. In this case, he must provide the manager with 2 relevant statements. Moreover, the reasons for this action indicated in them may vary.

The deadline for submission is 14 days before the expected date of departure. After the employer signs the necessary papers, the employee will be returned the work permit and will be paid for both positions held by him.

Dismissal at the request of management

The management of the organization has the right, at its discretion, to terminate the employment agreement with a part-time worker. The reasons for this may be the following:

• Liquidation of the organization.
• Failure of the employee to complete the probationary period.
• Reinstatement of the previous employee.
• Theft of company property by workers.
• Hiring an individual for a position.

In other situations, the interests of the employee are protected by the trade union (with the exception of the absence of a trade union committee at the enterprise).

Reduction

The procedure is quite simple and does not require 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 2 months in advance and against signature. In this case, the employee has the right to take advantage of other available vacancies. If this is not possible, then after a reduction in the combined rate, the worker occupies only his main position.

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.

Time frame

When terminating your employment relationship with a part-time worker, you must notify him of this in due time.

1. Upon termination of the contract on the basis of Art. 288 of the Labor Code, the part-time employee must be notified about this 14 days in advance.
2. If you are fired due to incompetence, it is permissible to give 3 days notice.
3. In case of reduction of a part-time position – 2 months in advance. The same applies to making adjustments to the employment agreement.

You can prevent any bureaucratic delays if you strictly comply with all requirements when employing a part-time employee. Often, all manipulations are identical to those carried out when hiring workers to their main place of work. The main thing is to pay attention to some differences.

Dismissal during internal part-time work can occur for several reasons: at the request of the employee himself, or at the request of the enterprise where he works. Only the procedure for such dismissal differs significantly. It is important to take into account all legal provisions when dismissing an employee, regardless of the reason. Even an employee dismissed at his own request can go to court if, for example, the dismissal was carried out incorrectly, or all due payments were not made to him. In any case, the dismissal of an employee from an internal part-time job does not mean his dismissal from his main position.

Dismissal of an internal part-time worker

In order to understand the features of dismissing an internal part-time worker, you need to consider what constitutes an internal part-time job. An internal part-time worker can be the main employee of an organization who performs additional work at the same enterprise in his free, non-working hours. That is, these job functions should not be intertwined with the main ones that the employee performs at this enterprise.

Registration for a part-time position takes place at the same enterprise by entering information that the employee has been accepted for the position of a part-time employee internally, the number and date of the order on the basis of which the employee has been accepted as an internal part-time employee. That is, the procedure remains the same - you must definitely issue an order.

An internal part-time worker must also be fired by order. The only difference is that such an employee does not quit his main job. But only from the position where he is part-time. As with the dismissal of the main employee, it is necessary to dismiss a part-time employee who works at the same enterprise in the main position, indicating the reason for such dismissal. The requirements for registering dismissal, entering information and wording into the labor report, on the basis of an order, are also regulated by labor legislation.

Reasons for dismissal of an internal part-time worker

There are both general reasons for dismissing an internal part-time worker and additional ones. General ones include those established by Article 77 of the Labor Code. A part-time employee working under an employment contract at an enterprise can be dismissed on the following grounds:

1. at the request of this internal part-time worker, remain only in the main position;
2. by agreement between the employer and part-time worker, by drawing up an agreement in writing;
3. if the period for which the contract was concluded with the part-time worker has expired and the parties have not agreed on its continuation;
4. by order of the manager (there must be legitimate reasons for this, for example, absenteeism, violation of labor discipline, liquidation of the enterprise or structural unit where the part-time worker works, due to layoffs, etc.);
5. when an employee is transferred or transferred on his own initiative, for example, to another enterprise, or to an elective position that does not imply the possibility of part-time work;
6. if the part-time worker refuses to continue working in this position due to some changes: for example, in the organizational form of the enterprise, change of management, change of terms of the employment contract, etc.;
7. if the employee cannot perform the duties of an internal part-time worker due to his health condition, which is confirmed by a medical certificate, and the employer cannot change the working conditions of the part-time worker to those that suit him;
8. when the employer moves to another locality, if the part-time worker also refuses, he is transferred to another locality;
9. under the circumstances specified in Art. 83 TK;

In addition to the indicated grounds, an internal part-time worker is dismissed if the company hires a main employee for this position, which he occupies as a part-time worker. You cannot fire a pregnant employee who works part-time for this reason. Until the end of pregnancy.

If a part-time worker was hired under a fixed-term employment contract when there is no need for the main employee, for example, for work related to seasonal work at the enterprise, or to perform work strictly defined by the employment contract, the employment contract with him is terminated, about which a record is made to work. At the same time, the employee continues to work at his main job.

The procedure for dismissing an internal part-time worker

Internal part-time workers, like external part-time workers, have the same labor rights and guarantees as main employees. An internal part-time worker, in addition to the additional salary he receives, also has the right to vacation, the right to remain on sick leave, and the right to have guarantees and compensation upon dismissal. Dismissal from an internal part-time job should occur in the same way, according to the rules established by labor legislation.

If the dismissal occurs at the request of an employee who, for one reason or another, no longer wants to be an internal part-time worker at a given enterprise, but has decided to remain only in the main position, then he must write a corresponding statement. You must notify the company of your desire to resign two weeks in advance. An employee has the right to resign on his own, either only from a part-time position, or from both his main position and the position in which he works as an internal part-time employee.

Having written an application, the part-time worker may, by agreement with the employer, not work the allotted time, or go on vacation that he did not use. But it is important that this leave coincides with leave for the main position. That is, if an employee has a scheduled vacation at a certain time, he must also take the vacation that he is entitled to as a part-time worker at this enterprise. Some employers sum up the vacation simply by adding it up and add an additional one to the main vacation.

But, if an employee, having served on vacation, which he is entitled to in his main position, considers it necessary not to use the vacation entitled to him as a part-time worker, the employer must, upon his dismissal, compensate him for all unused vacations by this employee for the entire period of internal part-time work. The same right applies to those part-time workers who are dismissed for other reasons (except for guilty actions).

Features of dismissal of an internal part-time worker

Few people pay attention to the timing and procedure for making records of the dismissal of a part-time employee. Even in the case of internal part-time work, the rules for dismissal and the rules for applying for the position of the main employee remain the same as for the main one. The only difference is that an internal part-time worker has the opportunity to work at the same enterprise.

A part-time worker can only be considered an employee who has his main place of work, either at the same enterprise where he is a part-time worker, or at another, with another employer. Therefore, when dismissing an employee from his main place of work and leaving him as a part-time worker, some employers do not take into account that if he does not get a main job somewhere else, then such an employee automatically becomes not a part-time worker, but a main employee. Even if not full-time.

Then, certain problems arise if, say, the employer hires a part-time, main employee. According to the law, such dismissal of a part-time employee is not allowed due to the hiring of a main employee for this position. After all, the person being fired is no longer a part-time employee, but a main and full-time employee. If he works at this enterprise as a main employee, and in his free time, under an employment agreement, performs part-time labor functions, despite his desire, he can be fired by the employer if he decides to hire a permanent employee.

The law does not exclude the possibility of dismissing an internal part-time worker for violation of labor discipline. Reports, reports, and other documents confirming the fact of the violation must be drawn up about such a violation. Quite an interesting case of dismissal of an internal part-time worker for absenteeism. If he must stay at his main place of work for a certain amount of time, and part-time, he works at a different time, as it should be, then, in the event of a part-time worker’s failure to show up for work (meaning that the part-time worker could leave work without warning, without valid reason at the moment when he must perform the labor functions assigned to him by internal part-time work), dismissal from the position of an internal part-time worker for absenteeism is allowed.

When dismissing part-time workers, employers need to take into account the specifics of their legal status in labor relations in order to avoid mistakes, violations of labor legislation and the emergence of legal disputes with dismissed employees. In this article we will try to understand the peculiarities of dismissing part-time workers.

Part-time job- this is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job. Moreover, as a general rule, concluding employment contracts for part-time work is allowed with an unlimited number of employers.

In other words, part-time work is a very common type of additional work, when an employee, in his free time, works under a second (third, etc.) employment contract concluded with the same or another employer, and receives a second (third, etc.) . d.) wages.

SHOULD I FIRED A PART-TIME WORKER WHO BECOME THE MAIN EMPLOYEE?

Often, an external part-time worker who quit his main job wants to continue his employment relationship with the employer for whom he worked part-time, now as a main employee.

In such a situation, employers have several natural questions:

1. Does an external part-time worker who quits his previous job become the main employee for his second employer?

2. If this is 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 the 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 a part-time job to become the main one for an employee, it is necessary that the employment contract at the main place of work is terminated, with the corresponding entry being made in the work book. In this case, part-time work becomes the main one for the employee, but this does not happen “automatically”. It is necessary to make changes to the employment contract concluded for part-time work (for example, stating that the work is the main one, as well as if the employee’s work schedule and other conditions change). […]

In addition, only with the consent of the employee is it possible to terminate an employment contract for part-time work (for example, by agreement of the parties, at one’s own request), and then conclude an employment contract with other conditions. At the same time, appropriate entries are made in the employee’s work book. Thus, Rostrud lawyers rightly give a positive answer to the first question, but emphasize 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 see, it is permissible to change a previously concluded employment contract for part-time work, and its termination with the subsequent hiring of the former part-time worker to the main place of work under a new employment contract.

However, recently, Rostrud specialists are increasingly supporting the latter option. Thus, Deputy Head of the Department of Supervision and Control over Compliance with Labor Legislation of the Federal Service for Labor and Employment of the Russian Federation T. M. Zhigastova noted in her interview that in a situation where a part-time worker quits his main job and wants part-time work to become the main , and his employer does not object to this, in order to exclude violations related to the registration of a work book, it is still necessary first dismiss this part-time employee, and then rehire him, but as a 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 registering the work book of a part-time worker who has changed his status.

In fact, the transition of an employee from a part-time job to his main place of work cannot be considered a transfer to another job, since neither the employee’s labor function nor the structural unit in which he works changes. Only the nature and working conditions are transformed, but these changes themselves 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 in the event of reassignment of a part-time worker to the main job without dismissal, through an additional agreement to the employment contract.

Extract from the letter of Rostrud dated October 22, 2007 No. 4299-6-1

If there was no entry in the employee’s work book about part-time work, then in the employee’s work book, after the record of dismissal from the main place of work, the full name of the organization is indicated in the form of a heading, as well as the abbreviated name of the organization (if any). Then a record is made of the employee’s hiring from the date of commencement of work for a specific employer with reference to the relevant order (instruction) and indicating the period of work as a part-time worker.

If the employee’s work book contains a record of part-time work, made at one time at the main place of work, then after the record of dismissal from the main place of work and the record of the full, as well as the abbreviated (if any) name of the organization in In the work book, an entry should be made stating that from such and such a date, work in such and such a position became the main one for this employee. Column 4 makes reference to the relevant order (instruction).

DISMISSAL OF A PART-TIME WORKER DURING STAFF REDUCTION

The legislator does not exclude the possibility of dismissing part-time workers to reduce the number or staff of an organization (individual entrepreneur). It is known that one of the guarantees provided to employees dismissed on this basis is payment of severance pay in the amount of their average monthly earnings. Besides, average earnings remain the same 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 - during the third month after the day of dismissal (by decision of the employment service body, adopted provided that within two weeks after dismissal, the employee contacted this body and was not employed by it).

Guarantees and compensations provided for by labor legislation and other regulatory legal acts on labor, collective agreements, agreements, and local regulations are provided to part-time workers in full. The exception is guarantees and compensation 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 the guarantees to which an employee is entitled when staff are reduced among those provided only at the main place of work. Therefore, some experts come to the conclusion that part-time workers being laid off are not only paid severance pay, but also retain their average earnings for the period of their employment.

However, there is another position on this issue. In particular, Deputy Director of the Department of Wages, Labor Safety and Social Partnership of the Ministry of Health and Social Development of Russia N.Z. Kovyazina notes the following: “In case of dismissal due to reduction in headcount (staff), part-time workers are paid only severance pay. Average earnings for the period of employment for the second and third months after their dismissal not saved, since they have a main place of work and 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 preserving the average earnings of a laid-off employee for the second and third months after dismissal is his material support for the period of job search. And if a laid-off employee finds a job, for example, before the end of the second month after dismissal, then his average earnings will be retained and paid only until he starts a new job.

A shortened part-time worker at the time of dismissal, as a rule, has a main place of work, that is, in fact he is employed. Therefore, he does not need financial support while looking for a new job. Consequently, he usually does not have the right to receive the payment we are considering, which is of a purely targeted nature. But if by the time of dismissal due to reduction a part-time worker I've already lost my main job due to dismissal for any reason, then the average salary for the period of employment must be retained by the employer for whom he worked part-time.

This means the termination of a fixed-term employment contract with a part-time worker 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 employer’s right 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 a position previously occupied by a part-time worker. At the same time, a new employee can be hired for the main job both on a full-time basis and on other conditions (for example, part-time or part-time).

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 part-time employees. Let us give an example from judicial practice showing that a newly hired employee instead of a part-time worker must do exactly the work that the dismissed part-time worker had previously done.

JUDICIAL PRACTICE

Resolution 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 electromechanic for elevators in RU-7, was fired due to 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 illegal. The Izmailovsky District Court of Moscow refused to satisfy F.’s claim, the judicial panel for civil cases of the Moscow City Court left the court’s decision unchanged. But the Presidium of the Moscow City Court overturned these court decisions, indicating the following: “Refusing the claim for reinstatement, the court proceeded from the fact that the defendant presented evidence that F. worked ... part-time, while S. was hired main place of work. However, the court did not take into account that the circumstance that is important for the correct resolution of claims for 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 hired by the employer for the main place of work, there will also be a circumstance whether the hired employee performs the same work as the part-time employee. F. was hired by the defendant for the position of electrician for elevators of the 6th category part-time... S. was hired for the position of electrician for elevators of the 3rd category, permanently, according to the staffing table, without the right to work independently... Since the court did not check that circumstance, he performs whether the hired employee S. did the same job as part-time employee F., that is, the court did not fully investigate and establish all the circumstances relevant to the case, this led to the adoption of an illegal and unfounded decision.”

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

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

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

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

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

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

As mentioned above, the vast majority of grounds for terminating an employment contract are the same for all employees, including part-time workers. That is, when working part-timeatdismissal at the initiative of the employer possible in cases:

1. Liquidation or termination of activities of an employer or division located in a locality other than the location of the head office.
2. Staff reductions.
3. Insufficient qualifications of a part-time worker identified by the results of certification.
4. Repeated cases of failure by a part-time worker to fulfill job duties if there is an outstanding disciplinary sanction.
5. A gross one-time violation by a part-time worker of job duties, which are:
   • absenteeism;
   • showing up at work in a state of any kind of intoxication;
   • disclosure of personal data of employees or secrets that have become known in connection with their work activities;
   • committing theft at the place of work;
   • violation of safety regulations that resulted or could lead to serious consequences;
   • providing false documents during employment.
6. Loss of trust due to the commission of guilty actions by a part-time worker.
7. Providing false information about income, failure to resolve conflicts of interest, etc., if such an obligation is imposed on the part-time employee by law due to his position.
8. Committing an offense contrary to moral standards that is incompatible with further work activity in this position (relevant for teaching staff).

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

We will separately highlight the grounds for the dismissal of chief accountants, managers and deputy managers, which also apply to persons holding these positions part-time:

• change of owner of the employer's property;
• making an unfounded decision that caused the loss or illegal use of the employer’s property or damage to it.

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

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

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

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

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

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

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

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

Dismissal of a part-time worker due to the hiring of a new employee

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As the title of the article suggests. 288 of the Labor Code of the Russian Federation, it can be applied exclusively to a part-time worker, and there are no restrictions regarding whether he is internal or external. We are talking about dismissal in connection with the employment of another employee who will occupy this position as the main one. For this reason, only a part-time worker who has entered into an open-ended employment contract with the employer is dismissed; this basis does not apply to employees under fixed-term contracts.

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

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

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

The procedure for dismissing a part-time worker and its features

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

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

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

The procedure for dismissing a part-time employee

Art. 60.2 of the Labor Code of the Russian Federation provides for the possibility of assigning additional responsibilities to an employee in another profession or position. Such duties are performed by the employee during the same working hours as the main ones at the same enterprise. Such activities are called combining and, unlike part-time work, do not require a separate employment contract - the written consent of the employee and the issuance of a corresponding order by the employer are sufficient.

Both the employer and the employee have the right to terminate the combination by warning the other party in writing at least 3 days in advance. At the same time, the Labor Code does not oblige the parties to give reasons for such a decision.

Since a separate employment contract is not concluded with an employee when combining employment, an order for dismissal if the employee refuses to do so is not required (usually an order to cancel the combination is drawn up). If the employee quits his main place of work, the combination ends automatically.

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