Dismissal of a part-time worker at his own request. The procedure for dismissing internal part-time workers

11.10.2019

In small private companies, a situation often occurs when an employee is hired as a part-time worker. For example, they hire an accountant or courier as an external part-time worker. Or the content manager is a “jack of all trades,” combining his duties with the work of a system administrator.

Sometimes there comes a time when a non-core job no longer suits the part-time worker. In this case, the employee submits a letter of resignation at his own request (SJ). Dismissal of part-time workers almost no different from standard dismissal under the life insurance policy.

Dismissal at your own request

This is a type of dismissal by the employee. Even if the employer does not want to lose a valuable personnel, he will not be able to refuse dismissal. However, he also has rights that the employee must respect.

The dismissal procedure is regulated by Art. 80 Labor Code of the Russian Federation. According to the law, an employee submits a letter of resignation 2 weeks before leaving and no later. Last worker
day - the date of dismissal indicated on the application. Interestingly, an employee can resign at will even while on vacation or sick leave. There is no need to recall him from vacation.

The days after informing the employer are worked according to the usual schedule, the employee cannot immediately leave the employer. If before the expiration of the two-week period the employee changes his decision, he can withdraw the application and remain “at his post”.

Documents, that is, a work record book, copies of hiring and dismissal orders, salary certificates, etc. are issued on the last day of work. At the same time, they pay back wages or compensation (under Article 127 of the Labor Code of the Russian Federation) for unused vacation. In fact, this day is the last chance for the employee to cancel the dismissal.

Dismissed according to the Labor Code, Art. 77. The work report includes the note “dismissed at his own request”, the third paragraph of this article. Additionally write the date and order number.

The period of service may be reduced or even canceled if:

  • both parties agree to cancel the two-week work period;
  • the employee was enrolled in studies;
  • the employee retires;
  • moves to another city or country;
  • the employer's actions were contrary to labor legislation.

Internal part-time worker

Internal part-time job used to optimize staff. This is work for the same employer in your free time from your main job. It is used in three main cases:

  1. For safety reasons and by law, a second employee is required. An example would be hiring your own worker as an additional, second electrician.
  2. After downsizing An employee is needed to fulfill the duties of the dismissed person. For example, an accountant, after being transferred part-time, works as a cashier in the same company.
  3. At long period of absence of an irreplaceable employee. When an accountant goes on vacation, someone still has to payroll. If the company has an employee with the appropriate qualifications, he is registered as a part-time worker for an additional fee.

Registration of dismissal

Dismissal of an internal part-time employee at his own request is not much different from dismissal of a main employee. He also writes a statement, then they draw up a dismissal order in form No. T8-a. The document does not indicate whether the part-time worker is external or internal.

The order states:

  • Full name of the employee;
  • his position;
  • personnel number of the person leaving;
  • date of dismissal;
  • basis indicating the article of the Labor Code;
  • withholding or compensation data;
  • signatures of the manager and part-time worker in the appropriate columns.

If an internal part-time worker leaves the organization altogether, two entries are made in his employment record:

  • about dismissal as a main employee;
  • below about dismissal as a part-time worker.

The reasons for dismissal do not have to be the same. In the same way, there should be two records of hiring. The accounting department makes calculations on two personal accounts. When working under an employment agreement, an employee can notify the employer of his refusal to perform additional duties 3 working days in advance (in accordance with Article 60, paragraph 2 of the Labor Code).

External part-time job

An employee can work during times not occupied by his main work, not only in his own organization, but also in another. The working day of an external part-time worker, as well as an internal one, cannot be more than 4 hours a day. If an employee has taken a vacation or time off from his main place of work, he can work part-time for at least a full day. But the number of hours of part-time work cannot be greater than the time spent on the main activity. By law, the number of part-time jobs is not limited.

The part-time worker’s remuneration is calculated by the manager with the same allowances as the main employees’ remuneration, but cannot be less than the minimum established salary. The part-time worker must be at the place of work full time, therefore An employment contract is signed with the employee. It can be indefinite or for a specific period. Whether or not to make an entry about part-time work in the employment record is the personal choice of the employee.

Details regarding the calculation of vacation pay upon dismissal are contained here.

It often happens that an external part-time worker wants to join the staff. In this case, he is preliminarily dismissed from both organizations. Dismissal of an external part-time worker at his own request does not provide for any sanctions and would be a good choice.

The date of dismissal of a part-time employee cannot be a weekend or holiday, even if he worked on that day. You must wait until the next weekday. The part-time worker, as well as the main employee, informs management 2 weeks in advance.

Upon dismissal, if a record of external part-time work was made, the employee is required to pick up the work book from his main job in order to make a note about dismissal. It is entered at the place of dismissal, in contrast to the entry about the beginning of a part-time job.

The terms of an employment contract that increase the period of service or impose sanctions upon dismissal have no legal force and are contrary to the law. For example, the contract stipulates a month’s notice and loss of wages upon dismissal at the initiative of the employee. But the person resigning still has the right to notify management in accordance with the law, that is, 2 weeks in advance. Moreover, he can go to court, pointing out the violation.

Calculation of leave of an external part-time worker upon dismissal

This is the main difference. When your external partner receives vacation at the main place, he can go on vacation from the additional place. In this case, leave is granted even if he has not yet worked the required period. Upon dismissal, you will need to recalculate and deduct money for days taken off but not worked. If, during vacation, the employee continued to work as a part-time worker, he will need to pay compensation.

As you can see, the differences in the dismissal of a part-time employee and the main employee are small. Make your employees adhere to the law and follow it yourself. Do not force them to resign of their own free will, because now this can be proven in court. Let dismissal at the employee’s initiative remain that way.

A part-time worker is an employee who, in his free time from his main job, regularly performs some part-time work. A part-time worker can be internal or external. With internal part-time work, both the main and additional work are in the same company; with external part-time work, the main and additional work are in different enterprises. This article will discuss how to properly fire a part-time employee and what nuances should be taken into account.


Grounds for dismissal

The grounds for dismissing a part-time worker are exactly the same as for dismissing an employee at his main place of work.

At the same time, the dismissal of an external part-time worker is absolutely no different from the dismissal of an internal part-time worker.
You cannot fire part-time workers who are on sick leave, on vacation, maternity leave or child care leave.

Termination of an employment contract with a part-time worker

If a fixed-term employment contract was signed with a part-time worker, then it can only be terminated upon expiration of its term. An exception to this situation are cases when dismissal occurs due to violation of labor discipline or during the complete liquidation of the enterprise.
If the employment contract was signed for an indefinite period, the employer has the right to dismiss a part-time employee if a main employee has been found to replace him. In this situation, the employer must provide notice in writing no later than two weeks before the proposed date of dismissal. In this case, the employee can resign from his main place of work, then the part-time job will be considered the main one, and 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 dismissing a part-time worker

The procedure for dismissing a part-time employee is no different from the procedure for dismissing an employee at his main place of work.

A part-time worker can be dismissed at his own request, by agreement of the parties or at the initiative of the employer (due to a reduction or change in staff).

If an employee is dismissed at his own request or by agreement of the parties, the employee writes a letter of resignation, a dismissal order is drawn up, and, if necessary, a corresponding entry is made in the work book (if an entry was made in the work book about hiring part-time work. Such an entry is made according to the main place of work on the basis of relevant documents).
Working off during part-time dismissal is mandatory (except for those cases where the employee and the employer have reached an agreement on the absence of working off or reducing the period of working off).
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 a final settlement with the employee.

Retrenchment of a part-time employee

Two months before the proposed layoff, the employee must be notified of this. At the same time, an order is issued to make changes to the structure of the enterprise and staffing. During these two months, the employer is obliged to offer the employee other vacancies. At the same time, the proposed vacancies may have lower pay and require less qualifications from the employee. If an employee refuses the offered vacancies, then dismissal occurs due to staff reduction.
In this case, the employee must be paid severance pay in the amount of the average monthly salary. These payments are retained for another two months, if during this period the employee is unable to find a job.

When laying off part-time workers, it is necessary to take into account that it is impossible to fire pregnant women, people who are the only breadwinner in the family, or trade union workers (if the part-time job is related to trade union activities).

Order to dismiss a part-time worker

When a part-time employee is dismissed, a dismissal order is issued. An order for part-time dismissal is drawn up in form T8-a; it must contain the following information:
last name, first name and patronymic of the part-time employee;
part-time worker position;
personnel number of the part-time employee;
date of dismissal;
grounds for dismissal and the corresponding article of the Labor Code;
information about payment of compensation or deductions;
signature of the head of the enterprise;
signature of the part-time worker that he has read the order.

Vacation compensation upon dismissal of a part-time worker

When dismissing a part-time employee, it is necessary to calculate compensation for unused vacation days or deductions for overused vacation days.

The vacation of a part-time employee must coincide with his vacation at his main place of work, so sometimes situations occur that a part-time employee takes vacation in advance, in this case, upon dismissal, deductions for overused vacation days are calculated.
If a part-time worker did not take leave from his part-time job during the leave at his main place of work, upon dismissal he will be compensated for unused leave.

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 labor duties 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, 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 ownership 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 mainly 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 peculiarities, 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).

A part-time employee is a part-time employee who regularly performs additional duties in his free time from his main job. Part-time work can be internal (both the main and additional jobs are in the same enterprise) or external (the main job is in one enterprise, and the additional one is in another). According to the law, citizens can have as much additional work as they want (with a reasonable time limit, of course). And most importantly, part-time work must be just as formalized as the main job. This article will talk about how to fire a part-time employee, how to do it correctly and what nuances need to be taken into account.

Hiring and dismissing a part-time worker

The most important thing that an employer needs to remember is that a part-time worker is the same employee as everyone else, so his hiring and dismissal occur on a general basis. Registration of a part-time worker for a workplace is carried out in several stages:

  • a corresponding statement is written;
  • the parties sign an employment contract;
  • on the basis of an employment contract, an order or instruction is issued for the enterprise on hiring part-time work.

The external part-time worker must also provide the HR department (or the head of the enterprise, if we are talking about a small organization) with a passport and, if necessary, educational documents. The internal part-time worker already has the necessary package at the enterprise. No extracts or copies from the work book are required when applying for a job.

Of all of the above, special attention should be paid to the employment contract, since it is the one that influences dismissal from part-time work. Otherwise, the procedure for dismissing a part-time employee (internal or external) and main employees is the same.

Employment contract

A part-time employment contract is drawn up in exactly the same way as a regular one. It could be:

  • urgent - that is, to act until a specific date or until the end/beginning of certain events (for example, until an employee returns to work or repair work is completed in full);
  • unlimited – that is, without specifying deadlines (valid continuously until the employee decides to terminate the employment relationship with the employer).

It is the term of the employment contract that affects the dismissal of a part-time worker. Let's look at these questions in more detail.

Grounds for dismissal

The dismissal of a part-time worker (internal or external), as well as of main employees, occurs on a general basis. According to the law, employees who are on sick leave, vacation, maternity leave, or child care cannot be fired. The date on which an employee is dismissed cannot be earlier than the date of his return from vacation or the end of his sick leave.

Fixed-term contract

If a fixed-term employment contract has been signed, the employee can be fired only upon expiration of its term and not earlier (we are not currently considering cases where there is a violation of labor discipline or complete liquidation of the enterprise).

Permanent contract

If an open-ended employment contract is signed, the employer has the right to dismiss a part-time worker if a main employee is found in his place. In this case, notice of dismissal is sent in writing no later than two weeks before the expected date. In this case, the employee may have time to resign from his main place of employment, then the part-time activity will be considered the main one - even with part-time work - and the dismissal of the part-time worker at the initiative of the employer in connection with the hiring of the main employee can no longer be carried out.

Dismissal procedure

Since a part-time worker is a full-fledged employee like everyone else, he can be fired:

  • at your own request;
  • by agreement of the parties;
  • at the initiative of the employer (to reduce or change staff).

In the first two cases, everything is quite simple: an application for part-time dismissal is written, an order or order for the enterprise is drawn up, and, if necessary, a corresponding entry is made in the work book - in the event that there was a note about being hired for a part-time job. Such records are kept at the main place of work on the basis of relevant documents.

At your own request

Dismissal of a part-time employee at his own request occurs in the same way as the main employee: a statement is written, an order for the enterprise is prepared, the employee works the required two weeks. Working off a part-time job is mandatory, unless, of course, the employee has agreed with the employer to shorten the working period or cancel it altogether.

The date of dismissal cannot fall on a holiday or weekend, even if the person worked on that day - after all, the employer must make the final payment and draw up the necessary documents, and the accounting department and the human resources department are unlikely to work on a day off.

Retrenchment of a part-time employee

Reduction of a part-time worker (external or internal) also occurs on a general basis. Two months before the proposed layoff, the employee is notified of this, and an order is issued to make changes to the structure of the enterprise and the staffing table (on staff reduction). During this time, the employer is obliged to offer other vacancies. At the same time, these job options may pay less well, be less interesting and require lower qualifications - often employers specifically take such measures if for some reason they need a reduction.

If an employee refuses the offered vacancies, he is dismissed due to staff reduction. In this case, severance pay must be paid in the amount of the average monthly salary, and these payments are retained by the employee for a maximum of two months, if during this period he is unable to find a job.

When dismissing a part-time worker, you must also take into account that it is impossible to lay off pregnant women, family workers who are the only breadwinners, trade union workers (if the part-time job is related to trade union activities), as well as other categories of workers listed in the legislation.

Order to dismiss a part-time worker

When a part-time worker is dismissed, an order is issued for the enterprise. An order for part-time dismissal is drawn up in form T8-a. This document must contain:

  • last name, first name and patronymic of the employee;
  • job title;
  • personnel number;
  • date of dismissal;
  • grounds for dismissal and the corresponding article of the Labor Code;
  • information about payment of compensation or deductions;
  • signature of the head of the enterprise;
  • signature of the part-time worker indicating that he has read the order.

An order for the dismissal of an internal part-time worker is no different from an order for the dismissal of an external one - these features are not recorded in the document.

Vacation compensation

Before dismissing an internal part-time employee, it is necessary to calculate compensation for unused vacation days or deductions for overused vacation days. Since the part-time worker’s vacation must coincide with his vacation at his main place of work, he could easily take vacation days at his part-time job in advance, so when he is fired, the appropriate amount must be withheld. An employee may not take leave from a part-time job during his main leave - in this case, unused days are compensated.

How to fire a part-time worker at the initiative of the employer? This issue is directly regulated by the Labor Code of the Russian Federation and is resolved depending on the type of part-time job. The procedure for dismissal and the marking itself in the work book (LC) differs from the well-known procedure for terminating employment agreements and documenting this fact.

Termination of the contract

There is external and internal part-time work, which is possible only in free time. In the first case, we are talking about a stranger who works in another company and comes to you only part-time (up to 4 hours a day), in the second - about a colleague from a neighboring or the same department who agreed to take on additional work. duties and work during your working hours. Both types are formalized by an employment contract, and in both cases, part-time dismissal occurs in different ways. This is due to the fact that the Labor Code is stored only at the place of work where the employee is registered and works full time.

Dismissal of an internal part-time employee at the request of the company is possible only if he is given a warning 14 days before the final termination of cooperation, and in case of staff reduction - 2 months in advance. Since the TC is located at the same employer, after leaving one position he continues to work in his main place.

Management issues an order (instruction) indicating the reason for termination of cooperation. Upon termination of the contract, the part-time employee is subject to all guarantees and severance pay, as are the main employees. If we are talking about layoffs, then the company is obliged to offer the employee another position to choose from, and a part-time worker can be fired only if he refuses another position or the company does not have the opportunity to offer any other options.

The most common reasons for refusal to cooperate:

  • the desire expressed by the quitter himself;
  • management initiative (for absenteeism, non-compliance, etc.);
  • reduction of employees;
  • termination of the employment agreement;
  • when the company moves to another region;
  • hiring a person for this position who is ready to work full time;
  • due to the closure or bankruptcy of a company.

The dismissal of an employee due to staff reduction is accompanied by the payment of benefits. In fact, he is the same employee as everyone else, he simply combines several positions.

Dismissal of a part-time employee at his own request implies notification of this to his superiors. In the period from 3 to 14 days, work is expected, unless, of course, there are good reasons for canceling this rule or an agreement on this issue is reached between the boss and the subordinate. A period of 3 days is provided if the employee has not completed the probationary period. In this case, no compensation is paid, but calculations must be made. An entry is made in the Labor Code under a serial number and indicating the number of the director’s order. If a person leaves the company and wants to be fired for both the main and additional positions, then one entry is made - for the main position.


The dismissal of an external part-time worker occurs differently, because the TC is located in another company. Upon admission, an entry is made in it on the basis of an application from the employee, who also encloses a certificate of part-time employment and a copy of the order for employment in another company. An employee (part-time worker) dismissed on the initiative of the second employer must familiarize himself with the order of management and sign for it. Then he needs to come with this order and make an entry in the Labor Code at the main service.

In this case, there is a separate calculation procedure. In addition to the salary, full vacation is provided (28 days). If it was not used (this is quite possible, because the employee already has leave from his main job), then compensation is paid.

Part-time work and main job

The dismissal of a part-time worker at the initiative of the employer, if we are talking about external part-time work, does not automatically make him the main employee in this company. To do this, you need to resign and register in accordance with all the rules, i.e. be hired and work not 4, but at least 8 hours a day. The employee should have an entry in the Labor Code, which will indicate the date of reception and the order number. All this cannot be done if the employee does not intend to leave his first job.

You can fire an external part-time employee for various reasons, but the most common is the hiring of a new employee who will work in this position full time. Naturally, the person holding the dual position must be paid in full and, at his request, given copies of all the certificates he needs. On the eve of dismissal, an employee can go on vacation if he is entitled to it and coincides with the one entitled to his main position. Typically, rest days are summed up and additional ones are added to them.

It is prohibited to fire:

  • an employee who is pregnant or caring for a young child;
  • single parent;
  • parent of many children.

The employer may terminate the contractual relationship due to absenteeism, systematic violation of discipline, failure to meet the requirements and many other reasons. The dismissal of a part-time employee for such compelling reasons cannot be a reason to terminate cooperation at the main job.

The dismissal of a part-time employee at the initiative of the employee occurs in a similar way, simply preceded by a personal statement of intention to terminate cooperation. Like an ordinary able-bodied citizen, a part-time worker has the right to rest and payment for temporary disability.

A dismissed internal part-time worker, as well as an external one, can appeal the fact of termination of the employment relationship in court. If he considers the reason for the breakup to be illegal, he can file a lawsuit at the location of the defendant (in the district court). An internal employee's status may change. If the management decides that he is more needed in his combined job than in his main job, then he can be transferred (the corresponding order is issued and an entry is made in the Labor Code). When moving to the main place, the employee will already work full time, and not 4 hours.

Payments to a part-time worker

As we have already said, upon dismissal of a part-time employee, certain payments are due. The company pays him all the wages due, compensation for vacation for the entire time and severance pay (in case of closure of the company or layoff). The benefit amount is one salary, while for main employees the average salary is maintained for 2 months. Thus, internal part-time workers, who are most likely to be laid off in their main position, find themselves in a privileged position.

The situation may change if you provide a technical documentation indicating that the main place has been lost. In this case, the average earnings from a part-time job are saved not for one, but for several months.

The benefit is not paid if you quit voluntarily or due to the fact that a new employee has appeared who is ready to work 8 hours a day. To figure out what the amount of compensation for unused vacation will be, you can check in advance with the accounting department how many days were used from the moment indicated in the Labor Code as hiring.

Please note that there are professions, for example teachers and university professors, for which paid, but extended leave is provided - up to 56 days a year. And this is despite the fact that teachers often work part-time at one or different universities, teaching in different disciplines.

Annual paid vacations for part-time workers coincide with vacations for their main job. This is a legal requirement that cannot be violated. If you haven’t worked even six months at your second job, then the vacation can be arranged in advance.