Part-time work is labor activity, which does not last the entire working day. In this case, the employee constantly does a certain job, but his main place of work is different.
Part-time work can be internal (both jobs are in the same organization) or external ( main job in one organization, and part-time in another).
An employee who performs part-time job duties must be officially registered for work by signing with him employment contract, which means that part-time dismissal must occur in strict accordance with the provisions of the Labor Code of the Russian Federation.
Dismissal from a part-time job may occur for the following reasons:
Termination of an employment relationship with a part-time worker on his initiative proceeds in much the same way as the dismissal of the main employee: the part-time worker draws up a letter of resignation, after which the employer puts his resolution on it. After this, a dismissal order is issued.
A part-time worker will have to work the two weeks established by law, except for grounds that exempt him from this obligation. In addition, like the main employee, a part-time worker can agree with his superiors to cancel this two-week period or reduce it.
The day of dismissal of a part-time worker cannot be a holiday or day off, since on the day of dismissal the employee must be paid and a work book issued.
If the work book of an external part-time worker is located at the place of his main job, he must be asked to provide it against signature, and then take it to the place of dismissal to enter the necessary information into it.
When it comes to dismissing an internal part-time worker who wants to refuse additional work but remain in the main position, he needs to notify the employer about this three days before failure to perform additional duties.
If the employee plans to leave both jobs by terminating his employment relationship with this employer, then he is fired at general procedure. At the same time, two entries are made in the work book: first, information about the main place of work is entered, after which an entry is made regarding part-time work.
A frequent situation when terminating an employment contract with a part-time worker is a reduction in the number of staff of the organization. The procedure for such dismissal is no different from the dismissal of other employees: 2 months before the dismissal, the employee is informed about the upcoming layoff, and an order is issued to change the structure of the organization and staffing table. A part-time employee, like other employees, must be offered available vacancies from the employer. He is also guaranteed severance pay. The order of layoffs for part-time workers does not differ in any way: if a pregnant woman works part-time, she cannot be fired. The same applies to family members who are considered the sole breadwinners, and other persons established by the Labor Code of the Russian Federation.
The employer may decide to dismiss a part-time worker even if a main employee is found to fill the part-time position. This can be done even when the employment contract is concluded without specifying a validity period.
As with the main employee, an employment contract with a part-time employee can be terminated for gross or repeated violation of labor discipline, in particular, for absenteeism. It's about about a situation where an employee was absent from work all day or more than four hours. In a situation where a part-time worker’s working day lasts less than four hours, he can be fired for being absent from the workplace in specific date. The procedure for dismissal for absenteeism is no different from the usual one and includes requesting an explanation from the part-time employee.
Many employees, in addition to their main type of activity, fill out a part-time application - an employment agreement for the opportunity to work additionally. Combined work is a great chance to get more money. Regarding part-time resignation, a number of questions arise: what will be the amount of compensation and how to write a letter of resignation from a position. Read more about these nuances in the material.
Part-time work, how additional view work can be: internal and external.
Part-time work is registered on the same basis as the main type of employment. The differences between part-time activities and part-time work are that enrollment in workplace is carried out on an official basis with the provision of all necessary documentation.
Grounds for dismissal from a part-time position may be as follows:
The manager makes deductions for the part-time worker according to the rules that are prescribed in Labor Code of the Russian Federation.
How to properly fire a part-time employee at your own request? Leaving a position on your own initiative involves filling out an application and issuing an order by the employer. You can submit the document two weeks before your desired date of departure. The manager does not have the right to formalize the layoff of an employee if he does not work for a two-week period. An employee, based on the Labor Code of the Russian Federation, must work for two weeks.
During this period, the employer will find a replacement for the resigning person, and the employee will reconsider the firmness of his intentions to leave the company. If the employment contract does not stipulate the terms of service, the employee does not work for the required period. If there is a requirement in the contract, the worker can ask the employer to reduce the work to a week.
On the last day, the manager calculates compensation, issues wages and makes an entry in the work book. former employee. If the document on work ability is in another company, the employee takes it under signature and brings it to carry out the dismissal procedure. This applies to cases where an employee works external part-time job. As for the internal part, the ward writes a request to leave an additional part-time job three days before he begins his direct duties. If an employee wants to formally resign at his own request from his main job and a secondary one, the manager makes an entry in the work capacity book, first about leaving the main job, then from the secondary one.
The boss must dismiss an employee at his request, taking into account the rules that are prescribed in the Employment Contract and on the basis Article 80. If one of the requirements for dismissal is a two-week work period, the employee must work this period. If this rule is not followed, the employer will not be able to make all necessary payments to the employee. If the worker decides to stay, within two weeks he submits an application for renewal of the position, taking into account if the boss has not found a replacement for him.
How to fire a part-time worker at the initiative of the employer? Are there any grounds for this other than those listed in Art. 80 Labor Code of the Russian Federation? Read about everything in our article
Read our article:
Some employees may avoid serving notice in the belief that it will prevent them from being fired. However, it is not. If he refuses to receive the document, it can be read out orally in the presence of several witnesses. A note about this is placed on the employer’s letterhead with the signatures of witnesses.
If it is impossible to carry out the above actions, notification can be sent to the part-time worker by registered mail with acknowledgment of delivery and a list of the attachments. At the same time, to the notification period of 14 calendar days, it is worth adding the deadline for sending the letter and a couple more days “in reserve.” Since correspondence may be delayed or the letter may not be received immediately. And with this method of notification, the countdown of the period begins from the moment the letter is received.
Step 2. Issuing an order to dismiss a part-time worker (a sample will be given below). The order is issued on a unified form T-8 or on a form approved by the company (since January 2013, the mandatory use of unified forms of personnel documents has been abolished the federal law dated December 6, 2011 No. 402-FZ “On Accounting”).
The reason for termination is indicated in the document - employment of the main employee and a link is given to Article 288 of the Labor Code of the Russian Federation.
Step 3. Issuing a certificate. At the request of the employee, information about part-time work may be entered into the work book. But only the employer at the main place of work can do this. Therefore, at his request, the dismissed person must be given:
Step 4. Final settlement and payment of amounts due. The dismissal of a part-time employee at the initiative of the employer does not imply payment of severance pay. The payments are the same as if he left of his own free will, namely:
Such dismissal occurs on a general basis with a two-week working period. The launch of the procedure begins from the moment the application is submitted to the manager.
By agreement, the period of work may be reduced or it may be canceled completely. It is also possible to replace it with a vacation. The employer decides whether to provide such an opportunity to a part-time worker or not.
A part-time employee cannot be fired simply because the employer does not need his services. An employment contract can be terminated with a part-time worker only if it was concluded for a certain period and it has expired.
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In other cases, a fact-based basis is required on which the employee is forced to terminate the employment relationship with the employer.
The initiator of dismissal can be the part-time worker himself if he does not want to continue working for personal reasons.
A part-time worker is subject to all the rules that are used to regulate legal relations between an employer and an employee in the main position.
The legislator has provided for some legal features for part-time workers. Chapter 44 of the Labor Code of the Russian Federation is dedicated to this.
A part-time employee can be fired:
Lack of need for the services of a part-time worker cannot be grounds for dismissal.
If the workplace is subject to abolition, then, if possible, the part-time worker should be offered another job.
The dismissal of a part-time worker is formalized by order. Guarantees and compensation for part-time workers who combine work and study, as well as employees with this status in the Far North and equivalent territories, are provided at their main place of employment.
In other situations, the part-time worker is paid compensation that is provided for by law, labor and collective agreement.
An external part-time worker works simultaneously in different organizations. Dismissal is carried out according to the usual procedure.
The employee has the right to count on vacation, which must be provided with vacation at his main place of work.
If vacation is not used, it will be compensated in full.
An internal part-time worker holds two jobs in one organization.
It should not be confused with combination, when an employee performs different duties within the same schedule.
For part-time work, it is necessary to have 2 or more schedules, 2 salaries, etc. By dismissal from the main position, the employee terminates the part-time job, except in cases where the employer cannot offer a part-time position as the main one.
Part-time dismissal can be carried out at the request of the employee. Then he does not lose his main position and continues to work in accordance with the employment contract.
Guarantees and compensation to internal part-time workers are provided in full.
A part-time employee must write a statement no later than 2 weeks before the termination of the employment relationship. In the document, he asks the employer to relieve him of his work duties.
Indicating the reasons and motives for the decision is not necessary, but the employer can ask about this orally.
Dismissal at the initiative of the employer is possible if the employee:
Facts of gross violation of labor discipline must be documented.
Upon dismissal by the employer, no compensation is paid to the employee, but payment for the days actually worked must be paid.
Termination of the contract by agreement of the parties is carried out by mutual consent.
Guarantees and dismissal procedures are provided in full in accordance with dismissal at the main place of work.
Dismissal due to staff reduction is carried out with a warning of at least 2 months before termination of the contract.
Payment of compensation is carried out 2-6 months in advance and depends on whether the employee is registered with the employment service and whether he has found a new vacant position.
If an employee fails to pass the next certification, he is subject to dismissal.
If it is impossible to find employment with the employee, the employment contract is terminated and he is paid a settlement.
If a new employee is invited to work, for whom the position will be the main job, then the part-time employee must be fired.
The employer must notify the employee of hiring an employee no earlier than 2 weeks in advance. This cannot be done if a fixed-term employment contract has been concluded with the part-time worker.
Dismissal due to disability is possible only if the part-time worker cannot actually work for medical reasons. The mere fact of issuing an ITU certificate is not considered grounds for termination of the employment agreement.
An employee’s contract may be terminated if he or she does not undergo a routine professional medical examination.
Dismissal is formalized by order of the director of the organization. If the termination of a part-time employment contract is carried out at the will of the employee, then he must fill out an application and send it by registered mail, or submit it to the personnel department in person.
Issued in the name of the employer. The document must be signed by the employee. There is no single application form. It can be formulated freely.
Issued on the date of dismissal of the part-time employee. He must be paid a settlement and his work book returned.
The work book is returned if the employee resigns from his main position and at the same time ceases to work as an internal part-time worker.
Part-time work at one's own request is carried out at the request of the employee.
He must temporarily take the work book from his main job and provide it to the employer at the place of his part-time job.
Warn about the dismissal of a part-time employee, on the basis of the Labor Code of the Russian Federation - Art. 288, the employer must no later than 2 weeks in advance.
The same period applies if the part-time worker leaves of his own free will.
If part-time work is terminated due to staff reduction or liquidation of the company, then employees must be notified 2 months before the termination of the employment relationship.
In 2019, the following mandatory compensations are provided:
Labor and collective agreements may provide for other compensation. They are paid along with payment for all time worked.
The part-time worker has the right to resolve the conflict in the ITS commission if it exists at the enterprise or the employer agrees to create it. You can contact labor inspection where they can provide free legal assistance.
Part-time workers are the same employees as the main ones, they just work extra. Part-time work is often resorted to small companies by assigning one employee to two positions (internal part-time). This is done in order not to overload the staffing table and optimize work time.The dismissal of a part-time worker is formalized according to general rules, however, there is a nuance - additional grounds for dismissal .
The reasons for dismissal are listed in Article 77 of the Labor Code. The grounds for terminating a contract with a part-time employee are general, that is, the same as in relation to the main employee:
Wherein dismissal is formalized according to the general principle:
A dismissed part-time worker is subject to all guarantees that apply to employees and are established Labor Code, For example:
When a part-time worker is hired, you cannot ask for his work book, 
since it is kept in the HR department files at the main job. An entry about employment can be made in the employment record if the part-time worker himself wants it. This is done according to the algorithm:
The same algorithm is used for dismissal - if a record of part-time employment is made, then the dismissal must also be recorded:
To properly formalize the dismissal of a part-time worker, entry in work book, a sample of which must be made according to the instructions:
Reminder.
A copy of the dismissal order or an extract from it is placed in the personal file at the main job, because this is the basis for making an entry in the labor record.
A part-time worker runs the risk of being fired if another person applies for his place and takes a job as the main employee. This is possible based on the meaning of Article 288 of the Labor Code.
The article establishes that the company administration has the right to dismiss a part-time worker and hire a main employee in his place. A part-time worker himself cannot apply for additional work as his main job if the HR department already has an application from another applicant for the position, but not as a part-time job.
Nuance.
by agreement with management, a part-time worker can become the main employee in this position, but then you’ll have to quit or transfer from your main job. In this case, the work book will contain the following entry: “ Part-time work stopped, continues to work as a main employee ».
If the management does not mind leaving the employee on a part-time basis and there is a suitable vacancy, you can arrange a transfer.
First you need to prepare an application from the applicant for the main job. The application may indicate that the applicant will work on a part-time basis, but not as a part-time worker.
After registering the application, the part-time partner must be given a notification of upcoming dismissal . The text could be like this: " Due to the fact that P.Zh. Kryukova is being hired for your position, for whom this work will be the main one, we warn you that in 2 weeks (July 20, 2016) you will be dismissed under Article 288 of the Labor Code».
Important.
from the moment the notice is given until the date of dismissal It should take at least two weeks!
You can issue an order to terminate a part-time job using Form T-8 or 
business rules adopted by the company. However, the order must contain the following mandatory inclusions:
Order to dismiss a part-time worker, the sample of which will be executed only when:
Important.
dismissal of a part-time worker is impossible if he works under a fixed-term contract , since hiring a main employee involves terminating the contract with a part-time worker, which is only permissible if the contract is valid for an indefinite period.
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