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Step-by-step instructions for the dismissal of a part-time job. Dismissal of external and internal part-time workers. sample order

How to dismiss a part-time worker at the initiative of the employer? Are there grounds for this other than those listed in Art. 80 of the Labor Code of the Russian Federation? Read about everything in our article

Read our article:

How to dismiss an external part-time worker at the initiative of the employer: article 288 of the Labor Code of the Russian Federation

Some employees may avoid giving notice, believing it will save them from being fired. However, it is not. If he refuses to receive the document, it may be read orally in the presence of several witnesses. A note about this is put on the letterhead of the employer with the signatures of witnesses.

If it is impossible to perform the above actions, a notification may be sent to a part-time worker by registered mail with acknowledgment of receipt and a description of the attachment. At the same time, by the notice period of 14 calendar days it is worth adding the term for sending the letter and a couple more days “in reserve”. Since the correspondence may be delayed or the letter may not be received immediately. And with this method of notification, the countdown begins from the moment the letter is received.

Step 2. Issuance of an order to dismiss a part-time job (a sample will be given below). The order is issued on a unified T-8 form or on a form approved by the company (since January 2013, the mandatory use of unified forms personnel documents the federal law dated 06.12.2011 No. 402-FZ “On Accounting”).

The grounds for termination in this case are indicated in the document - the employment of the main employee and a reference is made 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 can be entered in the work book. But only the employer at the main place of work can do this. Therefore, the dismissed person, at his request, must be given:

• a certificate indicating the dates of admission and dismissal, order numbers, as well as the position and structural unit;
• a copy of the employment order;
• a copy of the resignation letter.

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 the payment of severance pay. The payouts are the same as if he left by own will, namely:

• unpaid wages for hours worked;
• accrued premiums and bonuses;
• compensation for unused vacation.

Dismissal of an internal part-time worker

Dismissal of a part-time worker at his own request

Such dismissal occurs on a general basis with a two-week working off. The launch of the procedure begins from the moment the application is submitted to the head.

By agreement, the period of working off can be reduced or it can be canceled completely. It is also possible to replace it with a vacation. To provide such an opportunity to a part-time worker or not is up to the employer.

Part-time workers are the same workers as the main ones, they just work extra. Compatibility is often resorted to small companies by appointing one employee to two positions (internal part-time job). This is done in order not to overload the staffing table and optimize work time.The dismissal of a part-time worker is issued according to the general rules, but there is a nuance - additional grounds for dismissal .

How to fire a partner

The reasons for dismissal are listed in the 77th article of the Labor Code. The grounds for terminating the contract with a part-time worker are general, that is, the same as in relation to the main employee:

• mutual agreement;
• expiration of the contract;
• the desire of the employee;
• negative grounds (dismissal of a part-time worker at the initiative of the employer for
  absenteeism, violation of discipline, appearing at work drunk, etc.);
• liquidation or reorganization of the company;
• downsizing;
• translation;
• refusal to work when the terms of the contract change.

Wherein dismissal is issued according to the general principle:

• the grounds for dismissal are being prepared (a statement on one's own, an order on discipline, a decision to reduce, etc.);
• order T-8 is issued;
• complete calculation is made.

With regard to the dismissed part-time worker, all guarantees apply to employees and are enshrined in the Labor Code, for example:

• you cannot fire a part-time worker while he is on sick leave or on vacation;
• in case of staff reduction, a part-time worker is notified about this 2 months before the start of the procedure;
• in case of reorganization, liquidation of the company or reduction of staff, the part-time worker is paid severance pay(but the salary for the period of employment due to the main employees is not paid if the part-time worker is employed at the main place).

Employment history

When a part-time worker is employed, demand from him work book it is forbidden,
since it is stored in the affairs of the personnel department at the main job. A record of employment can be made to the labor if the part-time worker himself wants it. This is done according to the algorithm:

• a copy or an extract from the employment order is taken from part-time work;
• at the main job, the personnel officer makes a record of part-time work.

The same algorithm applies when dismissing - if a part-time record is made, then you need to record the dismissal:

• the employee takes a copy or extract from the T-8 order at additional work;
• at the main job, a dismissal entry is made in the labor record.

To properly process the dismissal of a part-time worker, work book entry, a sample of which must be made at the request of the instructions:

• make sure that there is a record of the employment of a part-time job;
• put down in the 1st column the serial number of the entry;
• enter the date of dismissal in the 2nd column;
• in the 3rd column write the reason for dismissal (indicating the article of the Labor Code);
• in the 4th column put down the details of the order.

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.

Dismissal of a part-time worker in connection with the hiring of the main employee

A part-time worker risks being fired if another person claims to take his place, who will get 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 administration of the company has the right to dismiss the part-time worker, and to accept the main employee in his place. The part-time job itself cannot apply for additional work as a main job if the personnel department already has an application from another applicant for the position, but not as a part-time job.

Nuance.

by agreement with the management, the part-time worker can become the main employee in this position, but then you have to quit or transfer from your main job. In this case, the entry will appear in the work book: “ Part-time job terminated, 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.

Registration of dismissal

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 collaborator.

After registering the application, the part-time job must be handed over against signature a notice of the upcoming dismissal. The text might be: Due to the fact that Kryukova P.Zh. is employed for your position, for which 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 date of notice to the date of termination It should take at least two weeks!

You can issue an order to terminate part-time employment in the T-8 form or by company business rules. However, the order must include mandatory inclusions:

• company name;
• registration number and date of order;
• date of dismissal;
• Full name of the part-time worker;
• indication of the department and position;
• grounds (dismissal under article 288 of the Labor Code);
• warning details;
• director's visa;
• employee familiarization line.

Companion's dismissal order, whose pattern is , will only be executed when:

• it is endorsed by the director;
• the partner will get acquainted with him;
• a copy of it will be enclosed in a personal file, and the order itself will be placed in the nomenclature folder.

Important.

dismissal of a part-time worker is impossible if he works on fixed-term contract , since the reception of the main employee involves the termination of the contract with a part-time worker, which is permissible only if the contract is valid for an indefinite period.

Dismissal during internal part-time employment 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 is significantly different. It is important to take into account all the provisions of the law when dismissing an employee, regardless of its reason. Even an employee dismissed of his own free will can go to court if, for example, the dismissal was carried out incorrectly, or all due calculations. In any case, the dismissal of an employee from an internal part-time job does not mean his dismissal from the main position.

Dismissal of an internal part-time worker

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

Registration for the position of a part-time job takes place at the same enterprise, by entering information that this employee has been accepted for the position of a part-time job on an internal part-time job, the number and date of the order on the basis of which the employee was accepted as an internal part-time job. That is, the procedure remains the same - it is necessary to issue an order.

It is also necessary to dismiss an internal part-time worker, by order. The only difference is that such an employee does not leave the main workplace. 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 worker who works at the same enterprise in the main position, indicating the reason for such dismissal. Requirements for registration of dismissal, entering information and wording into the labor, on the basis of an order, are also regulated by labor legislation.

Reasons for dismissal of an internal part-time worker

Exist like common causes dismissal of an internal part-time worker, as well as additional ones. The general ones include those established by Article 77 Labor Code. It is possible to dismiss a part-time worker working under an employment contract at an enterprise on the following grounds:

1. at the request of this internal part-time worker, remain only in the main position;
2. as agreed between the employer and the part-time worker, by drawing up an agreement in writing;
3. if the period for which the contract was concluded with the part-time partner has expired, and the parties have not agreed to continue it;
4. by order of the head (there must be legitimate reasons for this, for example, absenteeism, violation labor discipline, liquidation of the enterprise, or structural unit where the part-time worker works, to reduce, etc.);
5. when transferring or transferring an employee 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 job itself refuses to continue working in this position, due to some changes: for example, in the organizational form of the enterprise, a change in management, a change in the terms of an employment contract, etc .;
7. if the employee cannot perform the duties of an internal part-time job due to his health, which is confirmed by a medical report, and the employer cannot change the working conditions of the part-time job to 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 referred to in Art. 83 TC;

In addition to the indicated grounds, an internal part-time worker is dismissed if the main employee is hired for this position, which he occupies as a part-time worker. It is impossible to dismiss for this reason a pregnant employee who works part-time. Until the end of the pregnancy.

If the 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 for the performance of work strictly defined by the labor contract, the labor contract with him is terminated, about which an entry is made in the labor contract. At the same time, the employee continues to work at the main job.

The procedure for dismissal of an internal part-time worker

Internal part-timers, like external ones, have the same labor rights and guarantees that and essential employees. Internal part-time worker, in addition to additional wages, which he receives, also has the right to leave, the right to stay on sick leave, 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 this enterprise, but decided to remain only in the main position, then he must write an appropriate application. Warn the company about your desire to quit should be two weeks in advance. An employee has the right to quit on his own, either only from the position of a part-time employee, or from both the main position and the position in which he works as an internal part-time employee.

By writing an application, a part-time worker may, by agreement with the employer, not work out the allotted time, or go on vacation that he did not use. But it is important that this leave coincides with the leave for the main position. That is, if an employee has a vacation at a certain time according to the schedule, he must also take the vacation that is due to him as a part-time worker at this enterprise. Some employers add up vacation, simple way additions, and add an additional one to the main vacation.

But, if the employee, having served on vacation, which he was entitled to in his main position, considered it necessary not to use the leave due to him as a part-time employee, the employer must, upon his dismissal, compensate him for all unused vacations by this employee for the entire internal part-time job. The same right applies to those part-time workers who leave for other reasons (except for guilty actions).

Features of the dismissal of an internal part-time job

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

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

Then, certain problems arise if, say, the employer hires a part-time employee, the main employee. By law, such dismissal of a part-time worker is not allowed due to the admission of a main employee to this position. After all, the dismissed person is no longer a part-time employee, but a main and full-fledged employee. If he works at this enterprise as the main employee, and in 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.

p> the Law does not exclude an opportunity to dismiss the internal part-time worker and for infringement of labor discipline. Acts, memorandums, and other documents confirming the fact of 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 the main place of work for a certain amount of time, and part-time, he works at a different time, as it should be, then, if the part-time worker does not appear at work (meaning that the part-time worker could leave work without warning, without good reason at the moment when he must fulfill the duties assigned to him internal combination labor functions), dismissal from the position of an internal part-time job for absenteeism is allowed.

When dismissing part-time employees, employers must take into account the specifics of their legal status in labor relations in order to avoid mistakes, violations of labor law requirements and the emergence of litigation with dismissed employees. In this article, we will try to understand the features of the dismissal of part-time workers.

part-time- this is the performance by an employee of other regular paid work on the terms of an employment contract in his spare time from his main job. And according to general rule conclusion employment contracts about part - time work is allowed with an unlimited number of employers .

In other words, combination is such a very common type additional work when an employee works in his spare time under a second (third, etc.) employment contract concluded with the same or another employer, and receives a second (third, etc.) salary for this.

SHOULD I FIRE THE PART-WORKING WORKER WHO BECOMES THE MAIN WORKER?

Often, an external part-time worker who has quit his main job wants to continue labor Relations with the employer, for whom he worked part-time, already as the main employee.

In such a situation, employers have several natural questions at once:

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

2. If so, is it possible not to terminate the previously concluded employment contract for part-time work, but to make changes to it related to the recognition of work as the main one?

Similar questions were repeatedly raised before officials from Rostrud. Answering the first of them, they at one time came to the following conclusion:

In order for part-time work to become the main one for the employee, it is necessary that the employment contract at the main place of work be terminated, with an appropriate entry in the work book. In this case, part-time work becomes the main one for the employee, but this does not happen “automatically”. An employment contract concluded at a part-time job must be amended (for example, that the work is the main one, as well as if the employee's working hours and other conditions change). […]

In addition, only with the consent of the employee, it is possible to terminate the employment contract for part-time work (for example, by agreement of the parties, at their own request), and then conclude an employment contract with other conditions. At the same time, appropriate entries are made in the work book of the employee. Thus, the lawyers of Rostrud rightly give a positive answer to the first question, however, it is emphasized that any legal action, including changing the terms of an employment contract, requires documentation.

The officials answered the second question in two ways. As we can see, it is also possible to change the previously concluded employment contract for part-time work, and its termination with the subsequent admission of the former part-time worker to the main place of work under a new employment contract.

Recently, however, Rostrud specialists have increasingly supported the latter option. Thus, the Deputy Head of the Department for Supervision and Control over Compliance with Labor Legislation Federal Service on Labor and Employment of the Russian Federation T. M. Zhigastova in her interview noted that in a situation where a part-time job leaves the main place of work and wants part-time work to become the main one, and his employer does not object to this, in order to exclude violations related to registration of a work book, you must first dismiss this part-time worker, and then hire him again, but already as the main employee in compliance with the procedure established by labor legislation. This approach can be fully supported, since only it allows employers to avoid problems with issuing a work book for a part-time worker who has changed his status.

In fact, the transition of an employee from part-time work to the main place of work cannot be recognized as a transfer to another job, since neither labor function employee, nor the structural unit in which he works, does not change. Only the nature and working conditions are transformed, however, these changes are not recorded in the employee's work book, which prevents them from being correctly reflected in personnel documents. Nevertheless, Rostrud gives recommendations on what entries are possible in the work book if the part-time worker is re-registered for the main job without dismissal, through an additional agreement to the employment contract.

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

In the event that the employee’s work book did not contain an entry 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, as well as the abbreviated name of the organization (if any) are indicated in the form of a heading. Then an entry is made on the acceptance of the employee for work from the day the work began with a specific employer with reference to the relevant order (instruction) and indicating the period of work as a part-time job.

In the event that the employee’s work book contains an entry about part-time work made at one time at the main place of work, then after the entry on dismissal from the main place of work and the entry on the full, as well as the abbreviated (if any) name of the organization in the work book should make an entry stating that from such and such a date, work in such and such a position has become the main one for this employee. In column 4, a reference is made to the relevant order (instruction).

DISMISSAL OF A PART-TIME WORKER WHEN REDUCING STAFF

The legislator does not exclude the possibility of dismissal of part-time workers to reduce the number or staff of employees of the organization ( individual entrepreneur). It is known that one of the guarantees provided to employees dismissed on this basis is severance payment in the amount of their average monthly income. Besides, average earnings preserved for such employees and for the period of their employment, but not more than two months from the date of dismissal (including severance pay), and in exceptional cases - within the third month after the day of dismissal (by decision of the public employment service, taken on the condition that within two weeks after the dismissal, the employee applied to this body and was not employed by him).

Guarantees and compensations provided for by labor legislation and other regulatory legal acts on labor, a collective agreement, agreements, local regulations are provided to part-timers in full. The exception is guarantees and compensations for persons who combine work with education, as well as for persons working in districts Far North and areas equivalent to them, which are provided only at the main place of work.

As we can see, formally the law does not include guarantees, the right to which the employee arises when the staff is reduced, in the number provided only at the main place of work. Therefore, some experts come to the conclusion that the reduced part-time workers are not only paid severance pay, but also retained the average earnings for the period of their employment.

However, according to this issue there is one more position. In particular, the Deputy Director of the Department of Wages, Labor Protection and Social Partnership of the Ministry of Health and Social Development of Russia N. Z. Kovyazina notes the following: severance pay only. Average earnings for the period of employment for the second and third months after their dismissal not saved because they have a main place of work, and they are employed.” This position is supported by many other experts.

Analysis of the norms of Art. 178 of the Labor Code of the Russian Federation leads us to the conclusion that the goal of maintaining the average earnings for the second and third months after the dismissal of an employee dismissed is his material support for the period of job search. And if a laid-off employee finds a job, for example, before the expiration of the second month after the dismissal, then the average salary will be kept for him and paid only until the moment he starts a new job.

Reduced part-time worker at the time of dismissal, as a rule, has a primary job, that is, in fact, he is employed. Therefore, he does not need material support for the search period. new work. Consequently, he usually does not have the right to receive the payment we are considering, which is purely targeted. But if by the time of dismissal for reduction the part-time worker already lost his job due to dismissal for any reason, then the average earnings for the period of employment must be kept by the employer for whom he worked part-time.

This means the termination of a fixed-term employment contract with a part-time job on the basis provided for in Art. 288 of the Labor Code of the Russian Federation, will be illegal.

When applying this ground for dismissal, it is important to take into account that the legislator is talking about the right of the employer to hire the main employee, that is, about the initial conclusion of an employment contract with him, and not about the internal transfer of another employee to the position previously occupied by a part-time job. At the same time, a new employee can be accepted for the main job both on a full-time basis and on other conditions (for example, with a part-time work day or a part-time work week).

Unfortunately, employers do not always correctly understand the conditions under which it is possible to apply the grounds for dismissal we are considering, which inevitably leads to labor disputes with co-workers. Let's take an example from judicial practice, showing that the newly hired instead of part-time worker must perform exactly the work that the dismissed part-time worker previously did.

ARBITRAGE PRACTICE

Decree of the Presidium of the Moscow City Court dated October 10, 2008 in case No. 44g-391

Citizen F., who worked part-time as an electrician for elevators in RU-7, was dismissed in connection with the hiring of an employee in his place, for whom this work became the main one. Citizen F. challenged his dismissal, believing that it was unlawful. The Izmailovsky District Court of Moscow dismissed F.'s claim, the Judicial Collegium for civil affairs The Moscow City Court upheld the decision of the court. But the Presidium of the Moscow City Court canceled these court decisions, stating the following: “In refusing to satisfy the claim for reinstatement, the court proceeded from the fact that the defendant presented evidence that F. main place of work. However, the court did not take into account that the circumstances that are important for the correct resolution of claims for the reinstatement of persons whose employment contract was terminated under Art. 288 of the Labor Code of the Russian Federation, in addition to establishing the fact whether the employee was accepted by the employer to the main place of work, there will also be a circumstance whether the accepted employee performs the same work as the part-time employee. F. was hired by the defendant as an electrician for elevators of the 6th category in combination ... S. was hired for the position of an electrician for elevators of the 3rd category, permanently, according to staffing, no right independent work... Since the court did not verify the fact whether the employed worker S. performs the same work as the part-time worker F., that is, the court did not fully investigate and establish all the circumstances relevant to the case, this led to the issuance of an unlawful and unreasonable decision.

14.06.2017, 11:45

The personnel department has found a candidate for the position currently occupied by a part-time employee. The new employee will be hired full-time, and the part-time worker will have to be fired. How to draw up a notice of dismissal of a part-time job when hiring the main employee and how long to notify him of dismissal? Look for answers to these and other questions in the article.

A part-time worker working under an indefinite contract can be fired

Indeed, a part-time employee who works under a contract concluded for an indefinite period can be fired:

• on generally accepted grounds (Article 77 of the Labor Code of the Russian Federation);
• when hiring an employee for the position he occupies, for whom this work will be the main one (Article 77, Article 288 of the Labor Code of the Russian Federation).

And the fact that for a new employee this work will be the main one, is the key reason for the dismissal of a part-time job. It doesn't matter if it's accepted new employee:

• under an agreement concluded for an indefinite period or under a fixed-term employment contract (appeal ruling of the Tula Regional Court of August 29, 2013 No. 33-2149);
• full-time or part-time.

The basis for the dismissal of a part-time worker will be precisely the fact that the new employee has been hired for the main job. The dismissed employee must be warned about the upcoming dismissal. This should be done at least two weeks before the termination of the employment contract with him (Article 288 of the Labor Code of the Russian Federation).

Especially for readers, our experts have prepared a sample notice of the dismissal of a part-time job when hiring a main employee.

Society with limited liability"Neptune-M"
TIN 7733123456, KPP 773301001, OKPO 12345678

Accountant of Neptun-M LLC
V.N. Stupina

NOTICE #1
about the upcoming dismissal in connection with the hiring of an employee,
for whom the work will be the main city of Moscow 15.05.2017 Valentina Nikolaevna, we bring to your attention that in connection with the admission to your
the position of the employee for whom this work will be the main one, an employment contract with
You will be terminated in accordance with Article 288 of the Labor Code of the Russian Federation, May 30, 2017.

Gene. director ____________ V.V. Kuryokhin
15.05.2017

Acquainted by: ____________ V.N. Stupina
15.05.2017

A part-time conscript cannot be fired

As for a part-time worker working under a fixed-term employment contract, he cannot be dismissed under Article 288 of the Labor Code. The fact is that the legislation should be interpreted literally, and this article directly states that an employment contract concluded with a part-time job for an indefinite period can be terminated if an employee is hired for whom it will be the main one. This rule does not provide for the possibility of terminating fixed-term employment contracts with part-time workers. Judges, among other things, come to such conclusions (ruling of the Moscow City Court dated March 6, 2012 No. 33-7266).