Is it possible to fire an employee with external and internal part-time work?

According to Art. 60.1 of the Labor Code of the Russian Federation, an employee has the right, at his own discretion, to conduct, in addition to his main work, additional work activities.

Article 60.1 of the Labor Code of the Russian Federation. Part-time work

An employee has the right to enter into employment contracts to perform other regular paid work in his free time from his main job with the same employer (internal part-time job) and (or) with another employer (external part-time job).

The specifics of regulating the labor of persons working part-time are determined by Chapter 44 of this Code.

Depending on the circumstances of the work, part-time work can be:

1. External - with additional employment at another enterprise. In this case, labor relations with several employers are allowed (Article 282 of the Labor Code of the Russian Federation).
2. Internal - when working in the same organization where the main activity is carried out.

When working part-time, registration is always carried out under two or more employment contracts, one of which is considered the main one (this differs from part-time work from internal combination, which involves additional work within the framework of one contract).

Part-time work is regulated by Ch. 44 Labor Code of the Russian Federation. The length of the working day for additional employment should be no more than four hours (a full shift is possible on weekends at the main place). Payment is made in proportion to the time spent on work, based on production or other conditions stipulated by the working documentation.

However, Chapter 44 does not regulate the procedure for dismissing a part-time worker - it only indicates additional grounds for termination of employment. That is, termination of the contract at the request of the employee is carried out on a general basis, in accordance with Art. 80 Labor Code of the Russian Federation.

External and internal part-time workers have the right to resign at any time by notifying the employer of their decision within the period specified by law.

After dismissal from one of the positions, an internal part-time worker remains to work under the main contract. That is, the employee continues to work in his main position. Termination of the employment relationship of an external part-time employee has consequences for an ordinary employee - after the dismissal procedure is completed, his work in the organization where he works part-time is completely completed.

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:

Should I work for two weeks?

Termination of a contract at the initiative of an employee is carried out according to the usual procedure - the procedure starts after submitting a letter of resignation to the employer. Notification is made within the period specified by law. Mostly the period of information (working out) is two weeks, but can be shortened or extended.

Part-time work does not serve as a basis for canceling work.

In the absence of compelling reasons and agreement with management, the employee is obliged to comply with the established reporting period and carry out his job duties in full during this period. Otherwise, the employer has the right to dismiss due to violation of labor discipline (absenteeism).

Procedure: how to quit without working?

It is permissible to reduce or completely avoid working hours by personal agreement with the employer , since Art. 80 of the Labor Code of the Russian Federation does not prohibit the reduction or absence of the information period. In this case, the day of dismissal must be indicated in the resignation letter.

It is also permissible for external and internal part-time workers to terminate the contract without working out if there are compelling reasons:

• upon admission to an educational institution;
• upon retirement;
• when the employer commits offenses.

The law assumes the possibility of other situations when work becomes impossible. Then it is also allowed to quit without working:

• when moving;
• army conscription;
• formation of occupational pathologies;
• assignment of disability and so on.

The reason for leaving must be indicated in the application.

A part-time worker who is on vacation or sick leave has the right to terminate the contract without working or reduce it. This period will be counted towards the designated notification period.

Work is counted from the next day after the date of receipt of the application by the employer.

How should I write an application?

Informing the management of the enterprise about the termination of the contract is carried out by submitting a letter of resignation. The document starts the dismissal procedure and becomes the basis for the formation of an appropriate order. There is no unified application form; it is drawn up arbitrarily. The document contains information:

• name of company;
• Full name and position of the authorized person;
• Full name and position of the employee;
• the employee’s request to dismiss him at his own request;
• day of application.

With standard notification deadlines, the date of dismissal may not be indicated in the application.

If the contract is terminated without completion, the date must be displayed in the document. If there are compelling reasons for immediate resignation or dismissal on a specific day, they should be noted in the application (moving, retirement, etc.).

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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.

Application deadlines

The application is sent to the employer two weeks (or taking into account another period of work) before the expected date of dismissal. The countdown begins the next day after the enterprise accepts the paper.

The work periods specified in the Labor Code of the Russian Federation are valid for external and internal part-time workers:

• 2 weeks - standard, used in most cases (Article 80 of the Labor Code of the Russian Federation).
• 3 days - during a probationary period (Article 71 of the Labor Code).
• 3 days - for seasonal employment (Article 296 of the Labor Code).
• 3 days - for a fixed-term contract with a validity period of up to 2 months (Article 292 of the Labor Code).
• 1 month — for the heads of the organization (Article 280 of the Labor Code).
• 1 month — for coaches and athletes with a contract valid for more than 4 months. In this case, it is possible to increase the period (Article 348.12).

Article 280 of the Labor Code of the Russian Federation. Early termination of an employment contract at the initiative of the head of the organization

The head of the organization has the right to terminate the employment contract early by notifying the employer (the owner of the organization's property, his representative) in writing no later than one month in advance.

If a part-time worker quits without working, the application is submitted at any time before the date of dismissal (by agreement with the employer).

You can submit a document:

• personally to the manager;
• through the personnel service, office, secretary or other authorized person;
• by mail - registered mail with an inventory of the contents and notification of delivery.

It is recommended to obtain confirmation of acceptance of the application by the employer: a copy of the paper with an acceptance mark, registration number, notification of delivery.

When sending a document by mail, it should be taken into account that the working period is counted from the next day after the employer receives the postal item. In this case, it is inappropriate to indicate the date of dismissal in the application.

Does an external part-time worker have the right to quit without working?

Please note that even if the employment agreement stipulates some conditions for the dismissal of an external part-time worker, such as the fact that he is obliged to submit an application for dismissal strictly one month in advance, otherwise he will not be given all the required payments - still, according to labor law, the employee has 2 weeks to submitting an application before dismissal. How to fire a part-time employee at your own request Part-time work is a type of employment relationship between an employee and an enterprise when a subordinate works at his main job and also moonlights at another. In this case, the positions can be completely different, and accordingly the responsibilities and the amount of working time spent by the employee are also different. A part-time employee is the one who works part-time, even if he is officially registered. His main job is his primary job, his secondary job is already considered a part-time job. Dismissal of a part-time worker may differ in the specifics of the procedure itself from the dismissal of a regular employee. Is it possible without working off? If we are talking about a widespread practice everywhere, work for two weeks after submitting a letter of resignation, then we can safely say that it is legal.

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In practice, the question of whether it is possible to accept a statement typed on a computer from an employee is very relevant. There is no direct prohibition in the law, and many organizations specifically approve printed application templates so that the employee can fill it out correctly. The Constitutional Court, in its ruling dated March 22, 2021 No. 394-О-О, also pointed out the absence in Part 1 of Art. 80 of the Labor Code of the Russian Federation, the obligation to use one or another form of application (stencil, form or handwritten version).

Making an entry in the work book

All entries in the work book for part-time jobs are made as standard, but only at the main place of work and at the request of the employee (Article 66 of the Labor Code of the Russian Federation). That is, the execution of a document upon dismissal is not mandatory and is carried out only upon the written request (application) of the employee. It is submitted to the personnel department or accounting department of the main place of work.

The registration of the dismissal book is carried out according to the relevant order after the employee has familiarized himself with it (under signature). In this case, records about hiring and termination of the contract can be made simultaneously .

For internal part-time jobs, there are no problems with entering data; the HR department makes entries in the standard manner. The work record remains at the current place of work, since the employee continues to carry out professional activities in his main position. The contract for additional employment is considered terminated.

With external part-time work, the employer from whom the employee leaves cannot make an entry, since the work book remains at the main place of work. At the request of a citizen, he can contact the organization where he continues to work with a request to record information about his dismissal.

In this case, it is required to present a document confirming the existence of additional employment and its termination (for example, an agreement, a certified copy of the order, a certificate from a former employer).

In rare cases, an external part-time worker may take the work book from the main place (upon written request) and transfer it to a third-party organization to formalize the dismissal. After entering the data, the document is given to the employee, who sends him back to his current job. It is unacceptable not to return the book, since personnel employees of the main place of work are responsible for its storage and registration.

The entry in the work book includes information:

• date of termination of the contract;
• reason - “dismissed at his own request”;
• reference to a legal act - clause 3.part 1 of article 77 of the Labor Code of the Russian Federation;
• details of the document on the basis of which the dismissal is carried out - number and date of the order;
• Full name, position and signature of the authorized person.

When dismissing an internal part-time worker, a stamp is not placed in the work book. It will only be required upon termination of the main employment contract.

Sample entry in the work book when dismissing an external part-time worker at his own request:

Sample entry in the work book when dismissing an internal part-time worker at his own request:

Starting from 01/01/2020, the transition to electronic work books (ETK) and new reporting SZV-TD (Federal Law No. 439 of 12/16/19) is being carried out. At the same time, organizations are required to notify employees of the need to choose a paper or electronic version.

Since the main employer is responsible for preparing work books, notification of external part-time workers is not required. Regardless of the choice made, electronic reporting is completed by organizations in any case.

The ETC records all changes in the work process : hiring, transfer, dismissal, and so on. In this case, information about part-time employees is required to be entered - despite the fact that the paper entry was made at the request of the employee.

That is, if there is an employment contract with an external or internal part-time worker, entering data into the SZV-TD and ETC is mandatory in a standard form.

Calculation: is compensation paid for unused vacation?

According to Art. 140 of the Labor Code of the Russian Federation, settlement with a resigning employee is made on the final working day. If a citizen is absent from work, payments are made the next day after the part-time employee sends the corresponding request.

Remuneration for part-time workers is regulated by Article 285 of the Labor Code of the Russian Federation. Upon dismissal, a full settlement is made with the employee, which includes payments:

1. Earnings - the amount is determined in proportion to the time worked, based on actual output or other conditions stipulated by the contract.
2. Compensation for missed vacation (Article 127 of the Labor Code of the Russian Federation). Internal and external part-time workers are provided with rest at the same time as at their main job. If an employee has unused vacation days, the employer is obliged to compensate them in cash.
3. Other payments provided for by the employment contract or other local acts of the enterprise (bonuses, incentives, etc.).

If an internal part-time worker terminates the main contract at the same time as the additional contract, the payment is provided in full for each of the contracts (including compensation for vacation not taken).

The dismissal of an internal or external part-time worker at his will is carried out according to a standard algorithm. The procedure is launched on the basis of an application from an employee submitted to the employer within the period specified by law.

Work off is established according to the general procedure; it can be avoided if there are compelling reasons or by agreement with the management of the organization. The settlement with a dismissed part-time employee includes standard payments and compensations that are transferred to the employee on the last working day.