Is it possible to dismiss a part-time worker by agreement of the parties. Companion's dismissal order

When terminating an employment relationship with an employee who combines two or more positions, in order to avoid any mistakes and litigation, the employer must take into account the specifics of the legal status of such employees of enterprises. In this article, we will try to figure out how to properly fire a part-time worker.

Part-time employment - the performance by an employee of other paid activities with the signing of an employment contract in his spare time from his main job. An important point is that it is allowed to sign labor agreements regarding simultaneous work in two or more places, with an unlimited number of employers. In other words, part-time employment is a fairly well-known type of additional employment.

How to properly dismiss a part-time job is described in the Labor Code of the Russian Federation. In Art. 77 of the Labor Code of the Russian Federation sets out general reasons for the termination of employment relations, and Art. 288 describes additional reasons for terminating an employment agreement with part-time workers.

The procedure for dismissal of a part-time worker

The part-time employee is definitely exactly the same employee as the main ones, and therefore the procedure for his dismissal should be exactly the same.

There are three options for terminating an employment relationship with an employee:

• based on your own desire;
• by agreement of the parties;
• on the initiative of the employer.

If a person who combines several jobs quits based on his own desire, then the first thing he needs to do is write a letter of resignation. On its basis, the head prepares an order for the company. At the same time, the resigning employee must work out the two weeks due to him before his departure.

In the second situation, the termination of the employment contract by a part-time worker is carried out in this way:

• he writes a letter of resignation from combining several official duties at the same time and, together with the employer, sign an agreement;
• the head draws up an order for the institution to dismiss such an employee;
• if necessary, a note is made in the work book.

How to fire a part-time worker without his consent

Termination of an employment contract with an employee combining different positions without his consent is possible at the initiative of the employer in such cases:

• upon acceptance to the workplace, which is occupied by a part-time worker, the main employee;
• completion of the employment agreement - with a fixed-term employment contract;
• when reducing or liquidating an organization (enterprise);

Reception of the main worker

Usually a person who performs several official duties is enrolled in the service through circumstances forced by the institution. This occurs in cases where the enterprise does not have a full-time employee. However, when the company finds the right employee, it has to carry out the dismissal of the part-time worker in connection with the hiring of the main employee. In order for this to be organized in the right way, two conditions must be met:

The termination of an employment relationship with a person who works in addition to the main service, when another employee is enrolled in this place, for whom this work will be the main one, this is, in fact, the initiative of the employer and, as mentioned earlier, such dismissal of a part-time job is described by Art. 288 of the Labor Code of the Russian Federation.

It should be remembered that the dismissal of an external part-time job in connection with the hiring of the main employee must be accompanied by an order for the organization to dismiss (form T8-a).

Completion of an employment agreement with a part-time worker

An employment contract with a person working in several positions can be of two types - fixed-term and indefinite. When compiling an urgent, the employee is expelled strictly after the expiration of the term (indicated in the contract; liquidation of the enterprise or violation of discipline is not taken into account).

Because if an open-ended contract is signed, as mentioned earlier, then the employer has the right to dismiss the specialist when the main employee is found in his place. Just do not forget that the manager is obliged to send a notice in writing no later than 2 weeks before the specific date of suspension.

Dismissal under Art. 288 of the Labor Code of the Russian Federation, it will be correct if an employment contract with an official working in several institutions or several positions was previously concluded for an indefinite, unknown period.

p> However it is not necessary to forget and about the general rules of termination of labor relations. An employer must not dismiss an employee who is a part-time employee during a vacation or illness.

Dismissal of an external part-time worker during reduction

The reduction of a part-time employee is similar to the reduction of the main employee, because he has the same rights and social guarantees. The reduction of the external part-time worker occurs in the same way as the reduction of the internal one. Exactly 2 months before the suspension, the employer must notify the part-time job. Then, an order is issued regarding changes in the structure of the institution. Before laying off an official who works at an enterprise other than the main one (for these 2 months), the manager needs to offer him free vacancies, and if the part-time job refuses, then he is fired due to redundancy. Also, a part-time employee is required to pay a severance pay in the amount of the average monthly salary (payments are kept for him for a maximum of 2 months if he does not find a job during this time).

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 the required calculations were not made with him. 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

There are both general reasons for the dismissal of an internal part-time job, as well as additional ones. The general ones include those established by Article 77 of the 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 of 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 a part-time worker was hired under a fixed-term employment contract, when there is no need for a main employee, for example, for work related to seasonal work at an enterprise, or to perform work strictly defined by an employment contract, the employment contract with him is terminated, which is recorded into labor. 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-time workers, like external ones, have the same labor rights and guarantees as the main employees. The internal part-time worker, in addition to the additional salary that 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 sum up the vacation, by simply adding it up, and add an additional vacation 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 his spare time, under an employment agreement, performs part-time labor functions, despite his desire, he may be dismissed 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 perform the labor functions assigned to him by internal part-time work), dismissal from the position of an internal part-time worker for absenteeism is allowed.

Part-time dismissal has some nuances that the employer must comply with in order for the dismissal to be legal.

Part-time work is the performance by an employee of any work in his spare time from his main job. Part-time employment is paid in accordance with the position held and in proportion to the hours worked.. It is allowed only at the conclusion of an employment contract.

Upon dismissal of a part-time worker, the employment contract must be terminated. You can do this in the following ways:

• at the initiative of the partner himself;
• by agreement of the parties;
• at the initiative of the employer.

Dismissal of a part-time worker at the initiative of the employer

Part-time dismissal at the initiative of the employer is identical to the dismissal at the initiative of the employer of the main employee.

First, the employer must notify such an employee of the impending dismissal 2 weeks in advance. The part-time worker must read the notice by signing it. If the employee refuses to sign this document, the employer must draw up an act of refusal.

After that, the employer issues an order to dismiss this employee and registers him. The employee must also sign the order.

On the day of dismissal, the employer must make a full payment to the employee. He must pay him:

• salary in proportion to the hours worked in the month of dismissal. The working day of a part-time worker should not exceed 4 hours a day;
• "holidays". The part-time work of a part-time worker does not in any way affect the granting of compulsory leave to him;
• severance pay, if it is provided for by the reason for dismissal. Also, severance pay can be specified in the employment or collective agreement.

If the part-time worker is reduced, then he must be notified 2 months in advance. This applies to both external and internal part-timers. Further, the reduction procedure is identical to the procedure for reducing the main workers.

The same rule applies to part-time employees as for the dismissal of the main employees - there are categories that cannot be dismissed at the initiative of the employer. These are employees who are:

• on a sick leave;
• on holiday;
• on parental leave;
• in maternity leave.

A part-time dismissal of one's own free will is similar to the dismissal of a main employee at their own request.

The employee must write a letter of resignation addressed to the employer. This must be done at least 2 weeks before the expected date of dismissal.

This application must be handed over personally to the employer, or through the personnel department. The application must be registered in the prescribed manner.

For reinsurance, it is better to write 2 statements. On the copy of the employee, the employee who accepts the application for accounting must put the date and number of the incoming document, and also sign.

After that, the employer prepares an order to dismiss the part-time worker. On the day of dismissal, he must fully pay off the employee, paying him all the due benefits - wages, "vacation" and severance pay, if it is mentioned in the employment or collective agreement.

The order to dismiss a part-time worker is no different from the order to dismiss the main employee. The employee must familiarize himself with this document and put his signature on it.

The part-time worker must work for 2 weeks, which are indicated in the Labor Code of the Russian Federation. The legal status of a part-time worker is exactly the same as that of the main employee. Therefore, he can quit without working off only on the grounds specified in Art. 80 of the Labor Code of the Russian Federation.

The part-time worker may also resign by agreement of the parties. This is the best option.

One of the parties must initiate the dismissal. Either the employer duly notifies the employee, or the employee writes a letter of resignation of his own free will.

After that, one of the parties proposes to conclude a dismissal agreement. As a rule, the initiative both on dismissal and on drawing up an agreement comes from the employer.

The agreement must describe in detail all the conditions for the dismissal of a part-time job, including the date of dismissal and the amount of all due payments.

After the conclusion of the agreement, the employer must prepare an order for the dismissal of this employee. The reason for dismissal in the order must indicate the number and date of the agreement.

The part-time worker is dismissed by agreement of the parties on the date specified in the agreement.

The termination agreement is drawn up in 2 copies. One remains with the employee, the other - with the employer. On the copy of the employer, the employee must write "his copy of the agreement received." Date and sign.

In small private companies, a situation is often encountered when an employee is hired as a part-time employee. For example, they take an external part-time accountant or courier. Or the content manager is a "jack of all trades", combining his duties with the work of a system administrator.

Sometimes there comes a moment when a minor job ceases to suit a part-time job. In this case, the employee submits a letter of resignation at will (SR). Dismissal of part-timers almost does not differ from the standard dismissal of the SJ.

Voluntary dismissal

This is a type of dismissal on the part of the employee. Even if the employer does not want to lose a valuable staff, he will not be able to refuse dismissal. However, he also has rights that the employee must respect.

The procedure for dismissal is regulated by Art. 80 of the Labor Code of the Russian Federation. According to the law, an employee submits a letter of resignation 2 weeks before leaving and no later. Last working
day - the date of dismissal indicated on the application. Interestingly, an employee can quit at will even when on vacation or sick leave. It is not necessary to recall him from vacation.

The days after informing the employer are worked out according to the usual schedule, an employee cannot immediately leave the employer. If before the expiration of the two-week line, the employee has changed his mind, he can withdraw the application and remain "on duty".

Documents, that is, a work book, copies of orders for admission and dismissal, salary certificate, etc., issued on the last day of work. At the same time, they pay wage arrears or compensation (under Art. 127 of the Labor Code of the Russian Federation) for unused vacation. In fact, this day for the employee is the last chance to cancel the dismissal.

Dismissed under the Labor Code, Art. 77. The mark “dismissed of his own free will”, the third paragraph of this article, is entered in the labor record. Additionally write the date and number of the order.

The term of working off can be reduced or even canceled if:

• both parties agree to cancel the two-week detention;
• the employee was enrolled for study;
• the employee is retiring;
• moves to another city or country;
• the employer's actions were contrary to labor laws.

Internal part-time worker

Internal combination used to optimize staffing. This is a job with the same employer in his spare time from the main employment. It is used in three main cases:

1. For safety reasons and by law, a second employee is needed. An example would be hiring your own worker as an additional, second electrician.
2. After downsizing an employee is needed to carry out the duties of the dismissed. For example, an accountant after a part-time transfer works in the same company as a cashier.
3. At a long period of absence of an irreplaceable employee. When an accountant goes on vacation, someone still has to pay salaries. If the company has an employee with the appropriate qualifications, he is registered as a part-time job for an additional fee.

Registration of dismissal

The dismissal of an internal part-time worker of his own free will differs little from the dismissal of the main employee. He also writes a statement then draw up an order for dismissal in the form of No. T8-a. There is no indication in the document, external part-time or internal.

The order states:

• Full name of the employee;
• his position;
• personnel number of the person leaving;
• date of dismissal;
• grounds indicating the article of the Labor Code;
• data on deductions or compensations;
• signatures of the head and part-time worker in the appropriate columns.

If an internal part-time worker leaves the organization at all, two entries are made to his labor record:

• about dismissal as the main employee;
• below about dismissal as a part-time worker.

The reasons for leaving do not have to be the same. Similarly, there should be two employment records. Accounting performs the calculation of two personal accounts. When working under an employment agreement, an employee can notify the employer of a refusal to perform additional duties 3 working days in advance (according to article 60, clause 2 of the Labor Code).

External part-time

An employee can work during the time not busy with the main work, not only in his own organization, but also in another. The working day of an external part-time worker, as well as an internal one, cannot be more than 4 hours a day. If an employee took a vacation or time off at his main place of work, he can work part-time at least a full day. But the number of hours of part-time work cannot be more than the time for the main activity. According to the legislation, the number of places of work by a part-time worker is not limited.

The remuneration of a part-time worker is calculated by the head with the same allowances as the remuneration of the main employees, but cannot be less than the minimum wage. The part-time worker must be at the place of work for a full day, therefore sign an employment contract with an employee. It can be indefinite or for a fixed period. To make a record of part-time employment in the labor or not is the personal choice of the employee.

Details regarding the calculation of vacation pay upon dismissal can be found here.

It often happens that an external part-time job wants to move to the state. In this case, he is previously dismissed from both organizations. Dismissal of an external part-time worker at his own request does not include any sanctions and would be a good choice.

The date of dismissal of a part-time worker cannot be a weekend or holiday, even if he worked on that day. You have to wait until the next weekday. The part-time worker, as well as the main employee, informs the authorities 2 weeks in advance.

The terms of an employment contract that increase the period of work or impose sanctions upon dismissal have no legal force and are contrary to law. For example, the contract prescribes a month's notice and salary losses upon dismissal at the initiative of the employee. But the resigning person still has the right to warn the management in accordance with the law, that is, 2 weeks in advance. Moreover, he can go to court, pointing out the violation.

Calculation of leave of an external part-time worker upon dismissal

This is the main difference. When your external partner receives a vacation in the main place, he can go to rest from an additional one. At the same time, leave is granted, even if he has not yet completed the required period. Upon dismissal, you will need to recalculate and deduct money for days off, but not worked days. If, on vacation, the employee continued to work as a part-time employee, you will need to pay compensation.

As you can see, the differences in the dismissal of a part-time employee and the main employee are small. Make your employees abide by the law and do it yourself. Do not force them to resign of their own free will, because now it can be proven in court. Let the dismissal at the initiative of the employee remain so.