What is the difference between dismissing a part-time worker at his own request and an ordinary employee?

A part-time worker is a part-time employee who regularly performs some work in his free time from his main job. A part-time job can be internal (both the main and additional work are located at the same enterprise) or external (the main job is at one enterprise, and the additional one is at another). According to the law, a part-time worker can have as many additional jobs as he wants (with a reasonable time limit, of course, because you need to rest at some point, not to mention the time it takes to travel from home to work or between jobs, and the time it takes to food). And most importantly, part-time work must be formalized in exactly the same way as in the case of the main employee.

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.

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if the work book of a part-time worker is in the office of his main job, then he should contact the personnel officer or accountant to temporarily take it under signature and bring it to the place where he is leaving so that the appropriate entries are made in it;
any attempts on the part of the employer to financially punish, impose fines or sanctions on a part-time worker who quits his additional job are illegal, contrary to the legal framework, and therefore can be easily appealed in court.

enrollment of an employee for study;
retirement of a part-time worker in old age;
the employer's evasion of compliance with labor laws or their violation;
other circumstances that make it impossible for a part-time worker to carry out work activities in the future.

Dismissal of a part-time worker at his own request with or without work off

An employee who performs his job duties part-time must be officially registered for work by signing an employment contract with him, which means that part-time dismissal must occur in strict accordance with the provisions of the Labor Code of the Russian Federation.

accepting a part-time position as a permanent employee;
staff reduction;
employee initiative;
expiration of the employment contract;
agreement of the parties;
violations of labor discipline leading to dismissal;
other grounds provided for by the Labor Code of the Russian Federation.

Should a part-time worker work off his job upon dismissal?

The specified additional basis was previously contained in the Labor Code. But after October 6, Article 288 of the Labor Code of the Russian Federation indicated that an employment contract concluded for an indefinite period could be terminated with a part-time worker.

According to the Labor Code, when dismissing an employee, the employer can detain him for 2 weeks after he wrote a letter of resignation. Note - it may delay. Or maybe it won’t be delayed. The employer decides everything. It often happens that workers are released 2-3 days after the settlement has been made and all the money has been paid.

Notice of termination of the contract with a part-time partner

In practice, there are a number of situations defined by law in which the employer is assigned an obligation to dismiss regarding the upcoming termination of the employment contract. Here are practical cases in which this requirement is common:

if the employee has a fixed-term contract;
if the employee failed to pass the test during employment registration;
in the event that there is a reduction in staff/numbers or even liquidation of the enterprise;
in a situation with external and internal part-time workers.

The time frame allocated for warning varies. If the contract is urgent and the test result is unsatisfactory, then within 3 days. If we are talking about a part-time worker, then 14 days in advance. The time period extends to two months if the company is faced with the need to reduce staff or liquidate.

A sample document looks like this:

The top line indicates the name of the enterprise and its form of ownership.
The address, INN, and OGRN are written down just below.
The line below: on the left indicates the date of preparation of the document, on the right - the name of the addressee and his address.
On the next line in the center is written the name of the document “Notification”, and on the next line its essence is “On termination of the employment contract”.
Next comes the text part. A link is provided to the article on the basis of which the contract will be terminated (usually this is Article 288 of the Labor Code of the Russian Federation).
At the bottom, the signature of the general director and the dismissed specialist is affixed.

Dismissal and settlement of a part-time worker at his own request

Making an entry in the work book about part-time work is not mandatory, but is possible at the request of the employee. To do this, he must contact the personnel department or accounting department at his main place of work with a corresponding application. The basis for making an entry will be an employment contract on part-time work (Part 5 of Article 66 of the Labor Code of the Russian Federation).

Dismissal of a part-time worker at his own request is the termination of the employment contract concluded at the so-called additional job. This procedure is subject to the general norm of labor legislation, according to which an employee has the right to declare a desire to terminate legal relations with the employer at any time, warning of his intention at least 14 calendar days in advance (Part 1 of Article 80 of the Labor Code of the Russian Federation).

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, like 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 wage. The part-time worker must be at the place of work full time, so an employment contract is signed with the employee. It can be indefinite or for a certain period (how to terminate a fixed-term employment contract?). Whether or not to include a part-time job in the employment record is the personal choice of the employee.

How does dismissal for health reasons work? The article talks about the procedure itself, as well as about the bodies authorized to issue medical reports. Do you want to open your own cinema? Follow the link to find all the information you need.

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. Dismissing an external part-time employee at your own request does not involve 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 has been made, the employee is obliged to pick up the work book from his main job in order to make a note about the 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.

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A part-time employee should be dismissed on a general basis - the employee must notify the employer 2 full weeks in advance of his decision. It would be wrong to consider this time as working off, because we are not talking about the employee’s service, but about timely notification. Article 80 of the Code stipulates cases in which it is possible to dismiss an employee within 3 days and allow him not to work the specified weeks. This is possible when starting undergraduate studies, entering retirement, moving, or due to illness. The grounds will require documentary evidence for the employer.

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The application is a document initiating the care procedure. This is what allows you to fire a part-time employee. It can be written in any convenient way, from a sample taken at work or on the Internet. The application must be written to the director on behalf of the applicant. It is important to indicate the reason in the text - dismissal at your own request. If there are no grounds for immediate termination of the relationship, then the date may not be specified, because 14 days will automatically be counted from the date of filing the document. If there are grounds, a date is set and the reason for leaving is justified. The document is secured with a signature.

Is it permissible to dismiss a part-time worker without working off the job?

Such a concept as “working off upon dismissal” is not contained in the current legislative norms. However, there you can find important information regarding the established procedure for severing professional relationships. When initiating this procedure, certain obligations will be assigned both to the employee’s immediate superior and to the subordinate himself.

In particular, the current regulations state that an employee, in case of dismissal of his own free will, must submit an application no later than two weeks before the last day of work. That is, after receiving such a document by the employer, the employee will continue his professional activities in this organization for two weeks. It is this time that is usually called working off.

However, sometimes an employee may have various circumstances in which he will need to resign urgently, without mandatory service. In this case, the best solution may be to discuss this issue with the employer in advance. It is quite possible that he will allow the employee to leave urgently. A manager and his subordinate can agree:

On the complete abolition of the standard two-week working period. In this case, the employee’s dismissal will occur as quickly as possible – within 1-2 days.
On the reduction of the standard period of service due to the employee’s admission to a university. Such an event will certainly be an important circumstance. That is why it will become a full-fledged basis for initiating urgent dismissal.
On the reduction or complete cancellation of the established period of service due to the employee leaving for a well-deserved retirement. As soon as a citizen reaches the retirement age established in the country or he has other grounds for receiving a regular pension, he will be able to resign. At the same time, his work record book will indicate that the employee’s dismissal occurred precisely on the basis of retirement. If desired, a citizen and his employer can indeed significantly reduce or even completely cancel the two-week work period.
About the complete cancellation of work due to the subordinate moving to a completely different place of residence. Of course, a move, especially a long one, will be a legal basis for the employer to carry out an urgent dismissal without working off the employee.
On the complete cancellation of work due to various violations in the field of labor legislation that were committed by the employer. Here, dismissal without service may represent a kind of compensation for the inconvenience caused by the employer due to the corresponding violations. The main thing is that all these violations are really proven in an official form. Only in this case will the employee have the legal right to request urgent dismissal, regardless of the opinion of his superiors.

Dismissal of an external part-time worker at his own request without work

The salary stipulated by the employment contract, in proportion to the time period worked, as well as other additional payments that may be provided for (Part 1 of Article 285 of the Labor Code of the Russian Federation).
Compensation for vacation not used by a part-time worker (Part 1 of Article 127 of the Labor Code of the Russian Federation).

During this period, before the day of dismissal, the part-time employee must be offered other vacant positions, if any. Available vacancies may have lower pay and may not be as interesting or prestigious. You can refuse them, and then the dismissal of the part-time employee due to staff reduction is formalized within the prescribed period.

Work for two weeks upon dismissal of external part-time workers at their own request

In the first two cases, everything is quite simple: the employee writes an application for part-time dismissal, an order or order is issued for the enterprise to dismiss the employee part-time, and, if necessary, a corresponding entry about the part-time dismissal is made in the work book - if the work book contains noted about part-time employment. Such records are kept at the main place of work on the basis of relevant documents.

surname, 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.

When resigning voluntarily, a part-time worker must work for 2 weeks

A part-time employee who decides to quit must notify the organization (individual entrepreneur) in accordance with the general procedure. That is, no later than two weeks before the date of dismissal (Part 1 of Article 80 of the Labor Code of the Russian Federation). He must inform about his decision in writing by sending a free-form application to the head of the organization.

Notice of dismissal must be given in writing by writing a letter of resignation. The current legislation does not provide for a set form for such a statement, so it can be drawn up in any form (for more information, see “Writing a letter of resignation of one’s own free will (sample 2017)”). The main thing is that the employee’s application is registered among incoming correspondence and is assigned a number and date. You can also send a letter of resignation by mail (letter from Rostrud dated 09/058/2006 No. 1551-6).

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Each employee has the right to terminate the employment contract on his own initiative. However, not everyone works at one workplace - many work part-time. Labor legislation gives part-time workers the same labor rights and responsibilities as other workers. Therefore, the dismissal of a part-time employee at his own request is generally no different from the dismissal of an employee holding the main position. The part-time worker must notify the employer of his resignation at his own request two weeks in advance, but by agreement of the parties the period can be reduced.

Dismissal of an external part-time worker at his own request without work

1 tbsp. 80 Labor Code of the Russian Federation). Application form Drawing up an application by a part-time employee is the first stage of the dismissal procedure. It can be handwritten or printed using technical means. Part-time work is formalized in two main ways:

reference to the documentary basis for dismissal (in this case, this is the employee’s statement indicating the date of its preparation);
signatures of the manager and part-time worker, as well as the date of familiarization with the order, which the employee must sign with his own hand.

Order to dismiss a part-time worker

On the last working day of a part-time worker, the employer must issue an order for his dismissal. It is the signing of the order by both parties that confirms the end of the part-time worker’s employment with this employer.

The order can be drawn up according to the unified T-8 form or according to an independently developed form.

The order, regardless of form, must contain the following information:

name of the employing organization;
document serial number;
date of drawing up the order;
details of the employment contract with a part-time worker (date and number);
date of dismissal of the part-time worker;
FULL NAME. and the position of the dismissed employee;
number on the report card;
grounds for dismissal (the wording must be specified in strict accordance with clause 3, part 1, article 77 of the Labor Code of the Russian Federation);
a document providing grounds for dismissal (in case of voluntary dismissal, this is a part-time employee’s resignation letter indicating the date of its preparation);
information about the provision of payments;
signatures of the head of the organization and part-time worker;
the date of familiarization of the employee with the order, indicated by him personally;
signature of the part-time worker confirming familiarization with the order.

Dismissal of internal and external part-time workers at their own request

If the employee is internal and expresses a desire to remain in the main position, in order to stop part-time work, it is enough to notify the boss-employer three days in advance. In general, such an employee will be dismissed if he wishes to leave both his main and additional jobs and completely terminate his employment relationship with his employer. Records of dismissal from the main place of work will be made in the work book of such an employee. In the second place, information regarding dismissal from part-time work is entered.

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Who are the part-time workers? These are employees whom the employer hires not for the entire working day, but only during their free time from their main job. There are two types of part-time jobs:

Registration of a part-time job record and issuance of a work book

An entry in the work book about part-time work is optional, but if the employee wants it to be included, this is possible. To do this, you need to visit the personnel or accounting department from the main place and bring the appropriate application. The basis for making an entry is an employment contract for part-time work.

A work book is a form intended for clear reporting, so it must be kept at the person’s main workplace, submitting it there when hiring the main employee. During the dismissal of someone who works part-time, this document is not provided to him. The responsible employee is obliged to return it to the former part-time worker on the day of his dismissal.

Legal regulation of voluntary dismissal of internal and external part-time workers

Even if the employment contract contains certain conditions for the dismissal of such a part-time worker, for example, that a resignation letter must be submitted a month in advance, otherwise he will not receive any compensation - be that as it may, according to labor law, the employee has the right to submit a document for fourteen days before the date of dismissal.

In a situation where an employer does not wish to accept an application to fire a person, it can be sent by mail with return receipt requested. A sample notification can be found on our website. Later, the notice will be returned back to the employee, but it will be signed by the representative of the organization’s management who received the document. This method of notification takes a lot of time because the fourteen-day period calculated for working out starts from the next day after the employer receives the notification.

Part-time dismissal at one's own request (concept and features)

The legislation gives a person the opportunity to work part-time, which is paid regularly, during the period remaining after fulfilling his duties under the main work contract. Such work activity is part-time. It can be carried out within only one company (that is, within it), and in another company, in accordance with Article 60.1 of the Labor Code of Russia.

Dismissal of a part-time employee on his own initiative, and not without his consent, is the termination of the employment contract that was concluded when he was hired for another job. This process is carried out in accordance with the general rules of labor legislation, that is, an employee has the right to submit a statement of desire to leave the workplace at any time if there is a warning from management at least two weeks before the day of the expected departure from work.

How to formalize the resignation of a part-time worker at his own request

The initiative to leave an external or internal part-time employee must come two weeks before the final deadline. If an agreement is reached between the parties, then only a week of them will require work, or no work will be required at all. An exception is labor during a probationary period, since in this case our legislation provides for work within 3 days.

Any principle of dismissal is subject to the legislation of the Russian Federation. In case of dismissal through an employment contract, norms are prescribed in Article 80 of the Labor Code of the Russian Federation . This provision says that the employer must receive a resignation letter drawn up at the part-time worker’s own request 2 weeks before the expected time of departure, after which a corresponding order is issued. In this case, the employee is considered registered in the work book or contract until the last day when an order to the contrary is issued.

Types of part-time work and guarantees upon dismissal

Regardless of the fact that a part-time worker is hired according to different standards than permanent employees (Article 282 of the Labor Code of the Russian Federation), and does not work full time, the employer requires him to have the same responsible attitude towards functional responsibilities as other employees.

Types of part-time work have a general tendency - such an employee has an employment contract drawn up at the place of work, which is considered the main one and is entered as such into the work book. The main place of work may be in another company, which determines the status of such an employee as an external part-time worker.
External part-time workers provide relevant documentation from their main place of work, which is the basis for their registration. If a specialist works at the same enterprise where part-time work is provided, he belongs to the category of internal part-time workers.

IMPORTANT: The status of an internal part-time worker who works in the same organization under an additional employment contract should not be confused with the precedent of expanding functional responsibilities, where a second contract is not provided.

Therefore, the dismissal of a part-time worker at his own request must comply with legal norms focused on the designated status. The main issue remains the working period for a part-time worker. He is also required to notify the employer 2 weeks before leaving by submitting an application.

After this, the employer is obliged to dismiss the applicant and provide him with adequate severance pay. These duties are guaranteed by Labor legislation and are mandatory for the employer to fulfill.

It is unacceptable to exceed the working period even when the employee was on sick leave during the designated period, went on leave without pay or labor leave.

Interested in dismissing a part-time employee at his own request?

A part-time worker is an employee who, in his free time from full-time work, regularly performs certain jobs part-time. A part-time worker can be external or internal. External, performs primary duties at one job and additional duties at another. Internal, performs primary and secondary duties at one job. According to the law, a part-time employee can have a lot of additional work (with a reasonable distribution of time, since you also need to rest at some point, despite the time spent on travel and lunch). The most important thing is that part-time work must be formalized, just like work with a permanent employee.

Since a part-time worker is the same employee as permanent employees, the procedure for his dismissal should not differ in any way from their dismissal procedure. The stages of dismissal of an internal part-time worker occur in the same way as the stages of dismissal of an external one.

Dismissal procedure

Before completing the application, the employee must select the day after which he will be considered officially relieved of official duties. If there is no such day, then you can write a document in free form and submit it to the human resources department, accounting department or directly to your superiors. It is advisable to make a copy of the application and have it certified in order to reduce the risk of conflicts in the workplace. A copy of the paper must be kept by the employee. The procedure then follows one of the following scenarios:

the employee and the employer are given two weeks: the first to rethink the decision again, the second to collect the necessary package of documents for an external part-time worker and find a new contractor;
both parties agree that the fourteen-day period can be avoided and the contract is terminated on the same day on which the resignation was submitted.

As in the case of a regular full-time employee, the part-time employee is dismissed with payment of all compensation, remaining wages and vacation pay. An employee can also count on references for subsequent employment. If there is a reduction in the workforce, the dismissed person also receives severance pay in the amount of average earnings.

As for the dismissal of an internal part-time worker, only one contract concluded in a specific department is terminated with the employee. That is, he remains a subordinate of this legal entity, but only in one department. Despite the fact that part-time work may have been required in order to optimize the process and for the benefit of the entire team, an employee can always refuse this if he understands that he cannot cope with his responsibilities. Dismissal at one's own request cannot be the reason or reason for the employee to leave other positions or dismiss him from them on the initiative of his superiors.

How to properly fire a part-time employee at your own request

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.

The pattern of internal part-time work is clearly visible in one organization - an employee has a main place of work and an additional place of work in one institution.
As for the external one , the employee works in two different companies. One enterprise is the main place of earnings, the second is temporary. Sometimes, for good reasons, an employee does not have time to fulfill working conditions and decides to resign of his own free will.

Dismissal of an internal or external part-time worker at your own request - what's the difference?

Documents, that is, a work 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.

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 draws up an order for dismissal in form No. T8-a. The document does not indicate whether the part-time worker is external or internal.