Grounds for dismissal of a part-time worker
An employee working part-time can be fired:
- On general grounds (Article 77 of the Labor Code of the Russian Federation).
These include dismissal at the initiative of the employee and the employer, by agreement between them and due to circumstances beyond the control of the parties.
- On an additional basis (Article 288 of the Labor Code of the Russian Federation).
Such a basis is the dismissal of an employee for whom this work will be the main one when hiring a part-time position.
When hiring an employee for a part-time position, it doesn’t matter if it is formalized:
- under a fixed-term or open-ended employment contract;
- for full or short-time work.
Reasons
According to the Labor Code of the Russian Federation, the dismissal of external and internal part-time workers occurs on the same grounds as the main employees.
In most cases, termination of a contract with a part-time partner is made on the following grounds:
- the position was completely eliminated;
- the working conditions that were previously established by the contract have changed;
- the company where the part-time worker worked was liquidated;
- the employer and part-time worker agreed by mutual consent;
- the part-time worker decided to resign of his own free will;
- according to medical indicators
- the contract that was concluded with the part-time partner has expired;
- The employee has disciplinary sanctions for various reasons.
According to the Labor Code of the Russian Federation, a part-time worker is subject to dismissal if he was hired for an indefinite period, and another employee is applying for his place, for whom this position will become the main place of work.
But if the contract is urgent, then the application of such a rule is impossible; it is necessary to wait until the contract expires or an agreement is concluded between both parties.
Benefits for part-time workers apply in full, therefore the company does not have the right to dismiss certain persons:
- if a woman has minor children or disabled children;
- a parent who is raising children under 14 years of age alone;
- employees on sick leave or vacation.
When to notify a part-time employee of dismissal
The part-time worker must be notified of the upcoming dismissal in writing 2 weeks before the termination of the employment contract (Article 288 of the Labor Code of the Russian Federation). The law does not specify how to do this: in person or by sending a notification by mail.
When sending a notice by mail, it is better to count the two-week period not from the date the letter was sent, but from the date the employee received the document. Otherwise, the employee may go to court and indicate that the employer violated the notice period. And this threatens with administrative liability.
To avoid possible problems, it is better to hand the notice to the employee personally, asking him to sign the second copy of the document.
General points when terminating an employment relationship
When terminating the contract at the request of the employee, he is obliged in accordance with Art. 80 of the Labor Code of the Russian Federation, as a general rule, warn the employer about the termination of the employment relationship two weeks in advance (the parties have the right to agree on a shorter period). The law establishes a mandatory written form; in practice, sending a telegram is allowed. Here is a sample of filling out a telegram for dismissal at your own request: “I ask you to terminate the contract” or “I warn you about termination of the contract.” That is, the standard text is used. So that the employer does not have doubts about the authorship, a special telegram is used with certification of the sender’s signature (clause 108 of the order of the Ministry of Information Technologies and Communications No. 108 of September 11, 2007). To do this, you will have to present your passport to the postal employee and sign the telegram, which he will verify.
Upon termination of the working relationship, the employer is obliged to hand over to the employee his work book. The employee is not required to write a notice of receipt of a work book upon dismissal, but he will have to sign in the book of accounting and movement of work books, which must be kept by each employer.
Read more: About the issuance of work books
If an employee refuses a paper work record book and data on his work experience is generated in an online format, he is given a completed form of the STD-R form “Information on labor activity issued to the employee.”
Read more: How to fill out the new STD-R form - information about the employee’s work activity
Form of notice of dismissal of a part-time worker
There is no unified form for this document. The notification is drawn up in free form indicating:
- name of the organization (or full name of the individual entrepreneur);
- title of the document;
- reasons for dismissal;
- date of termination of the employment contract (last day of work);
- date of document preparation;
- Full name and signature of the head of the organization (IP).
Form for notice of dismissal of a part-time worker
Sample notice of dismissal of a part-time worker
With an external part-time worker at the initiative of the employer
But there is an exception to the general rule: employees who signed an agreement for a period not exceeding 60 days, when leaving due to layoff, do not receive severance pay (only if the payment is not specified in the corporate agreement, Article No. 292 of the Labor Code of the Russian Federation).
Features with internal
According to notification No. 141 dated July 14, 2021, Mostostroy-13 OJSC warned M. about the termination of the employment contract on the date of July 31, 2021 under Art. 288 of the Labor Code of the Russian Federation in connection with the hiring of an employee for whom the work will be the main one.
The basis for dismissing a part-time employee will be precisely the fact that a new employee has been hired for the main job. The dismissed employee must be warned of 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).
We recommend reading: How to Obtain Low-Income Family Status in the Tula Region
When a part-time worker cannot be fired
You cannot fire an employee working part-time if a fixed-term employment contract has been concluded with him. In this case, it can be calculated only after the expiration of the contract.
Also controversial is the issue of dismissal of a part-time pregnant woman, a woman with a young child, a single mother and other employees listed in Part 4 of Art. 261 Labor Code of the Russian Federation. More information about the dismissal of a part-time worker who has a child under 3 years old can be found in this article.
Employment nuances
There are no restrictions on hiring part-time jobs. An individual can get such a job at several enterprises at once, but with the proviso that he has a main place of work. If a person does not have one, then it will be illegal to employ him in a vacant position.
Limitation of activities
In addition to mandatory restrictions, there are optional ones, that is, those that are established by the employer. These restrictions are provided for in an employment or collective agreement and depend on the wishes of the employer, and in the case of the second type of agreement, the opinion of the trade union.
- salary accrued during part-time work (Part 1, Article No. 285 of the Labor Code of the Russian Federation);
- money for compensation of vacation days that were not used (Part 1, Article No. 127 of the Labor Code of the Russian Federation);
- severance pay upon termination of the contract (clause 2, part 1, article No. 81 of the Labor Code of the Russian Federation);
- other payments provided for in the corporate agreement.
Let's sum it up
- Notify the part-time worker of dismissal under Art. 288 of the Labor Code of the Russian Federation is required 2 weeks before termination of the employment contract.
- The notice can be delivered in person or sent by registered mail with a list of attachments.
- There is no unified form of notification; it is drawn up in free form.
- Missing the deadline for notifying a part-time employee of dismissal is a violation of labor law. For this, the employer may be held liable under Art. 5.27 Code of Administrative Offenses of the Russian Federation.
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How to enter into an agreement with an internal part-time worker
With internal combination, a citizen holds two positions in one enterprise. If the need for combination is no longer necessary, or the parties have other reasons for terminating the employment relationship, the terms of the agreement can be agreed upon. Here's what you need to consider with this option of dismissing an internal part-time worker:
- the fact of dismissal from one position does not in any way affect the working conditions of the second position;
- if dismissal occurs for both positions at once, you need to draw up two separate agreements, or use a different option for the second position (for example, at your own request);
- When concluding an agreement, you must take into account the terms of the employment contract that is subject to termination.
The peculiarity of the situation with the dismissal of an internal part-time worker is that he does not terminate his employment relationship with the employer. Therefore, discussion of all conditions and clauses of the agreement takes place as usual. After actual dismissal for one position, the internal combination regime is canceled.
The list of employer responsibilities when concluding an agreement with an internal part-time worker does not differ from the usual rules. After signing the document, the citizen writes an application and registers it under the incoming number. The enterprise administration performs the following actions:
- issues an order for dismissal from one of the positions;
- calculates payments according to the terms of the agreement and employment contract;
- makes an entry in the work book about dismissal for one of the positions.
Since upon dismissal the employment relationship for the second position is preserved, the work book will remain in the personnel department after completion. However, the employee must be familiar with the contents of the records upon signature. The employee will receive other documents related to work activities in accordance with the general procedure.
Read on the topic: How to correctly make an entry in the work book about dismissal by agreement of the parties?
How to fire a part-time worker in connection with hiring a main employee
If a new employee, unemployed in another company, is found and is ready to enter into an agreement for the main position, then the question of parting with the external part-time worker is raised. The Labor Code of the Russian Federation , with its Article 288, provides the unconditional right of the employer to implement such an initiative. Condition - an employee who comes for several hours a day will be properly notified of the upcoming event two weeks in advance by delivering a notice and issuing an order. If at one time a part-time worker was hired for a specific time period, then the employer will not be able to turn to this article of legislation. You will have to work until the end of the agreed period or offer the employee acceptable conditions for early dismissal on personal initiative.
Part-time workers: how to terminate an employment contract
Such work must be documented in accordance with labor legislation. A separate contract is signed with the employee, stipulating all the conditions of employment. After which he enjoys all the rights as an ordinary employee of this enterprise or organization. Termination of the contract also occurs on a general basis. To do this, you must contact management with a statement and documentary evidence of a valid reason. In this case, the employee has the right to request immediate dismissal , citing the impossibility of continuing to work.
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What payments are due to a part-time worker upon dismissal?
The dismissal of a part-time worker in connection with the hiring of a main employee, what payments are due depends on the decision of the boss.
In most cases this is:
- salary;
- compensation;
- allowance.
The last type of funds is subject to payment in connection with deductions by decision of the manager and is paid as additional “exit” financial security. What will be the amount of compensation and wages for internal or external part-time work depends on the days worked in the month and the number of unused vacation pay.
Part-time work is a fairly common phenomenon, and is often used by employers in practice. Employees hired under such conditions do not work full time, but only perform certain duties during the time when they are free from their main job. Part-time work can be external and internal. In the second case, this is the main and additional work at one enterprise. Labor relations in this category must be formalized.
Work book: what to write?
Entering information about part-time work is done at the request of the employee at his main place of work. But first of all, you need to write an application addressed to the head of the personnel department or the specialist responsible for maintaining work records. It is written in free form. Something like this: “I ask you to make an entry in my work book that I work part-time.” The procedure for entering information is the same as when registering for the main place.
If you are applying for an external part-time job, you need to be prepared to provide information from another employer. Namely: an employment contract and a copy of the order on its conclusion or an extract from it. In addition, ask the HR department for a certificate confirming part-time employment. It must be signed by the manager.
If a part-time employee (internal) is dismissed, a record of this should also be made in the work book; the seal and signature of the responsible person shall not be affixed. This does not apply to the employee’s main position.
In the case of external part-time work, difficulties sometimes arise. Let's focus on two situations. The first is when an employee quits his main job and gets a job in another organization where he was a full-time part-time employee. In this case, the procedure will be as follows:
- resign from your main job and make entries in your work book;
- resign from a part-time job, in this case an order is issued that must be provided for the main job and on its basis an entry will be made in the work book;
- drawing up an application for employment and issuing a corresponding order.
The second common case is dismissal from the main place of work, but part-time work in another organization remains. Then only one entry is made in the work book. If a person subsequently decides to resign from a part-time job, a record of this will be made by the organization in which he is employed as the main employee.
Issues of part-time work in practice can be extremely confusing. Therefore, it is so important to follow the procedure and rules for registering such an employee from the very beginning. The timing, grounds and compensation for dismissal of a part-time employee are the most common causes of disagreement. Draw up documents correctly, this will help avoid misunderstandings and possible litigation.
Part-time employees are beneficial to the company, as salary costs are slightly reduced. A part-time worker carries out his activities under an employment contract in his free time from his main job. But a more qualified specialist may take the place of a part-time worker, for whom the position taken will be the main one. In addition, it may happen that an employee violates discipline somewhere and ceases to suit you. The employee will have to be fired in compliance with labor laws. How to properly formalize the dismissal of a part-time worker? Step-by-step instructions and calculations with a part-time partner are attached.
How to properly dismiss an internal part-time worker: we analyze the intricacies of the procedure
With regard to the most vulnerable categories of citizens (future mothers, minors, maternity workers and mothers of children under fourteen years old), the same rules apply; the employer cannot simply take them and fire them simply because he is tired of putting up with them in these positions or he has saved these places for someone else. You can stop working with an internal part-time worker in the same way as with any other specialist - on his own initiative or at the request of the employer, there can be no exceptions. There are differences in how dismissal from a part-time job is carried out. And even if a part-time employee leaves of his own accord, but the employer committed violations in the procedure or did not pay the leaving employee everything he was entitled to, the fired employee can go to court and win!
