Companion dismissal. controversial issues

How to fire a part-time worker at the initiative of the employer , is sometimes of interest to employees of the personnel department who have received the appropriate order from the management. In our material, we will consider the features of the dismissal of part-time workers and the rules for its execution.

Labor Code of the Russian Federation on the dismissal of a part-time employee by decision of the employer

The Labor Code of the Russian Federation contains a number of rules on part-time work and termination of an employment contract with such employees. Analyzing them, you can see that for the most part the process of dismissal of a part-time job does not differ from the dismissal of other categories of workers, although there are still some features.

At the same time, the differences largely depend on the type of combination, that is, on whether it is internal or external. In itself, part-time work is the performance of labor duties by an employee in another position during the time free from the main job. If an employee performs them within the same organization, then such a combination will be considered internal, but if we are talking about different employers - external.

Separately (in Art. 60.2) the Labor Code of the Russian Federation highlights the combination. It should not be confused with part-time work, since labor duties in this case are performed within the framework of working hours in the same organization.

Grounds for dismissal of a part-time job (both external and internal) at the initiative of the employer

As mentioned above, the vast majority of grounds for terminating an employment contract are the same for all employees, including part-time workers. That is, at work at the same timeatemployer-initiated volition possible in the following cases:

1. Liquidation or termination of the activities of the employer or division located in a locality other than the location of the head office.
2. State cuts.
3. Identified by the results of certification of insufficient qualifications of a part-time worker.
4. Repeated cases of non-performance by a part-time job, if there is an outstanding disciplinary sanction.
5. A gross single violation by a part-time worker of duties, which are:
   • absenteeism;
   • appearing at work in a state of any kind of intoxication;
   • disclosure of personal data of employees or secrets that became known in connection with their work;
   • committing theft at the place of work;
   • violation of safety regulations that caused or could have caused serious consequences;
   • provision of false documents for employment.
6. Loss of trust in connection with the commission of guilty actions by a part-time worker.
7. Providing false information about income, non-settlement of conflicts of interest, etc., if such an obligation is imposed on the part-time worker by law by virtue of his position.
8. Committing an offense contrary to moral standards, which is incompatible with further work in this position (relevant for teaching staff).

IMPORTANT! If an immoral act or other actions that led to a loss of confidence are not related to the employee’s work, he can be dismissed within a year from the moment such an offense was discovered (part 5 of article 81 of the Labor Code). All disciplinary acts of part-time workers are recorded in the general manner, that is, in the same way as the misconduct of other employees.

Separately, we single out the grounds for the dismissal of chief accountants, managers and deputy heads, which apply, among other things, to persons holding these positions concurrently:

• change of ownership of the employer's property;
• adoption of an unreasonable decision that caused the loss or illegal use of the property of the employer or causing harm to him.

The change of ownership of the employer's property does not become the basis for the dismissal of anyone other than the specified categories of employees. However, part-time workers holding other positions have the right to independently make such a decision - in this situation, dismissal will follow on the grounds provided for in paragraph 6 of Art. 77 TK.

IMPORTANT! The only ground for dismissal, which applies exclusively to part-time workers, is given in Art. 288 of the Labor Code of the Russian Federation - hiring an employee for whom the position held by a part-time job will become the main one.

Like other employees, part-time employees cannot quit at the request of the employer if they are on vacation or on sick leave.

Dismissal of an internal part-time worker due to staff reduction or due to insufficient qualifications

Dismissal of an internal part-time worker at the initiative of the employer based on the results of certification or staff reductions, they mostly occur without any special features. They, like other employees (including external part-timers), undergo certification in the manner prescribed by federal and local regulations, and are informed about staff reductions at least 2 months before dismissal. However, they need to extend the provisions of Art. 81 of the Labor Code of the Russian Federation.

Difficulties arise only if the internal part-time worker has not passed certification in the main position. In such a situation, he must first be offered to take as the main position, which he holds part-time (provided that his qualifications correspond to it). Let's consider this situation in detail.

So, if the employee could not confirm his qualifications for the main position, the Labor Code of the Russian Federation obliges the employer to offer him another vacancy, to which it corresponds. If this is the position that the employee is currently holding internally, then he has the right to take it as the main one.

However, in such a situation, there is a certain legal conflict, since the employer cannot offer the employee a place occupied (albeit by him). It seems that for the correct execution of such a dismissal, it is necessary to first terminate the employment contract in combination, dismissing the employee by agreement of the parties or on the basis of Art. 288 of the Labor Code, and conclude a new one - on admission as a main employee.

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

As the title of Art. 288 of the Labor Code of the Russian Federation, it can be applied exclusively to a part-time job, while there are no restrictions on whether it is internal or external. We are talking about dismissal in connection with the employment of another employee who will hold this position as the main one. For this reason, only a part-time worker who has concluded an open-ended employment contract with the employer is dismissed, while this basis is not applicable to employees under fixed-term contracts.

To comply with the dismissal procedure, it is necessary to inform the part-time worker about the upcoming termination of the employment contract at least 2 weeks in advance. He must work this time, unless otherwise agreed between him and the employer. The law does not give a strict form of notification, but in any case it should contain a reference to Art. 288 of the Labor Code of the Russian Federation, a clear expression of the intention to dismiss the employee and an indication of the date of termination of employment. In order to avoid challenging the fact of informing in court, it is worth drawing up a notice in 2 copies, one of which is transferred to the employee, and the second (with the signature of the dismissed person about familiarization) is kept by the employer.

After that, a dismissal order is drawn up. For convenience, the T-8 form can be used with the obligatory indication of Art. 288 of the Labor Code of the Russian Federation, numbers and dates of the notice of the upcoming break in labor relations.

Note: although dismissal under this article is not considered by the Labor Code as a basis for the payment of severance pay, this form of support for a dismissed employee may be provided for by an employment or collective agreement or other local regulatory act.

The procedure for dismissal of a part-time worker and its features

In general, the procedure for dismissing a part-time job remains the same as for other employees, and consists of 3 main stages:

1. Fixing the existence of grounds for dismissal (drawing up acts on the discovery of disciplinary offenses, notices of staff reductions or the admission of an employee to this position as the main one, etc.).
2. Issuing a dismissal order and familiarizing a part-time employee with it.
3. Making an entry in the work book (at the request of the dismissed person), issuing all documents requested by the employee and making payments due to him.

Talking about how to fire an external part-time worker on the initiative employer, we note that the work book of such an employee remains at the main place of work and is not handed out to make a record of dismissal. Such information is entered into the work book at the request of the employee. To do this, you must submit a document confirming the dismissal to the personnel department at the main place of work.

The procedure for dismissal of an employee by combination

Art. 60.2 of the Labor Code of the Russian Federation provides for the possibility of imposing additional duties on an employee in another profession or position. Such duties are performed by the employee at the same working time as the main ones at the same enterprise. Such activity is called combination and, unlike part-time employment, does not require a separate employment contract - the written consent of the employee and the issuance of the corresponding order by the employer are sufficient.

Both the employer and the employee have the right to terminate the combination by notifying the other party in writing at least 3 days in advance. At the same time, the TC does not oblige the parties to argue such a decision.

Since a separate employment contract is not concluded when combining with an employee, an order to dismiss him is not required if he refuses it (usually an order is drawn up to cancel the combination). If the employee leaves the main place of work, the combination stops automatically.

In conclusion, it remains to be said that, although the termination of an employment contract with an internal part-time job due to a reduction in staff or the results of certification has some peculiarities, and entries in the work book are made exclusively at his request, otherwise the dismissal of part-time workers occurs in the same way as in the case of ordinary employees (i.e., occupying one position).

Many employees, in addition to the main activity, draw up a part-time application - an employment agreement for the opportunity to work additionally. Joint work is a great chance to get more money. As for resignation, a number of questions arise: what will be the amount of compensation and how to write an application for resignation. Read more about these nuances in the material.

Dismissal of a part-time worker at his own request

Part-time work, as an additional type of work, can be: internal and external.

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

The work of a part-time worker is issued on the same grounds as the main type of employment. The difference between combining activities and part-time work is that admission to the workplace is carried out on an official basis with the provision of all necessary documentation.

Grounds for dismissal from the post of part-time worker may be as follows:

1. own solution.
2. Parties' agreement.
3. Team reduction.
4. If the boss discovered violations in the work of the worker.
5. If the head appointed a permanent specialist in place of a part-time job.
6. Expiration of the contract.

The head deducts the part-time worker according to the rules that are prescribed in Labor Code of the Russian Federation.

Dismissal procedure

How to fire a part-time worker at your own request? Leaving a position on one's own initiative involves filling out an application and issuing an order by the employer. You can apply up to two weeks before your desired departure date. The manager does not have the right to draw up an employee's reduction if he does not work for a two-week period. An employee, on the basis of the Labor Code of the Russian Federation, must work for two weeks.

During this period, the employer will find a replacement for the leaving person, and the employee will reconsider the firmness of his intentions to leave the company. If the employment contract does not specify the condition of working off, the employee does not work out the prescribed period. If there is a requirement in the contract, the worker can ask the employer to reduce working time to a week.

On the last day, the manager calculates compensation, pays out a salary and makes an entry in the workbook of the former employee. If the document on working capacity is in another company, the employee takes it against signature and brings it to carry out the dismissal procedure. This applies to the case when an employee works part-time. As for the internal, the ward writes an application for leaving the additional part-time job three days before he starts his direct duties. If an employee wants to issue a dismissal of his own free will from the main job and the secondary one, the manager makes an entry in the workbook about first leaving the dominant position, then from the additional one.

Should a part-time worker work 2 weeks upon dismissal of his own free will?

The boss must dismiss the employee at his request, taking into account the rules that are prescribed in the Employment Contract and on the basis of article 80. If one of the requirements for the implementation of the dismissal is a two-week working off, the employee must work out this period. If this rule is not observed, the employer will not be able to make all the necessary payments to the employee. If the worker decides to stay, within a two-week period he applies for the renewal of the position, taking into account if the boss has not found a replacement for him.

The practice of simultaneously combining several jobs in our country is not new and is not so rare. Both employees and employers willingly go for it. For the former, this is an opportunity to earn additional income, while the latter often manage to get a specialist for relatively little money. When the situation of the employer changes, one has to forget about saving money and start looking for a person who will devote all his labor enthusiasm to his enterprise, without spraying it on others.

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

If a new employee, unemployed in another company, is found and is ready to conclude an agreement for the main place, then the question of parting with an external part-time job is raised. Labor Code of the Russian Federation with its 288 articles provides the unconditional right of the employer to implement such an initiative. The condition is that an employee who comes for several hours a day will be duly notified of the upcoming event two weeks in advance by serving a notice and issuing an order.

How to dismiss an external part-time job when hiring a main employee - dismissal procedure

In fact, article 288 is an addition to article 81. It expands the list of grounds listed in it for termination of employment contracts at the initiative of the employer (which includes the option of dismissal during staff reduction), and requires strict adherence to the procedure:

1. Draw up a written warning to the part-time worker that the main employee is being accepted into the company in his place. It is better to publish the document in duplicate, in the text it is necessary to indicate the date of the proposed dismissal in compliance with the 14-day warning period.
2. Hand it over to the dismissed employee against signature, and if he refuses to receive it, then draw up a document / act confirming this fact in the presence of witnesses.
3. Issue a dismissal order on the basis of Article 288.

Carry out with the part-time worker the final calculation of wages and all types of compensation and payments established by law. Some additional payments in this case can be fixed in a collective or individual agreement.

Grounds for the dismissal of a part-time worker in connection with the hiring of the main employee

There is a serious reservation in the labor legislation regarding the features of the release of an employee, adopted on the terms of external or internal combination:

1. The employee for the main place should not be in the plans of the employer; at the time of notification, an agreement should already be drawn up with him and an order for employment should be published.
   2. The employment agreement with the dismissed part-time worker must be open-ended.

If the company's management only intends to replace the incoming employee with a permanent one, then it will not work to apply the provisions of Article 288 of the Labor Code of the Russian Federation. Without a real candidate, the dismissal of a part-time job at the request of the employer must take place either by mutual agreement or by reduction.

If at one time a part-time worker was accepted for a specific time period, then even here the employer will not be able to refer to the specified article of the legislation. You will have to finalize before the end of the agreed period or offer the employee acceptable conditions for early dismissal on a personal initiative.

Another reason that limits the right to accept the main employee instead of a part-time job is pregnancy. Article 261 The Labor Code of the Russian Federation, the expectant mother is reliably protected from any inducement of the company's management to terminate the employment relationship against her will. Its content does not leave a single loophole: when a pregnant employee is dismissed, there is no place for the employer's initiative, no matter what the situation is, except for complete liquidation. In this sense, the law does not see a difference between women who have been accepted into the main position and who combine duties.

Order for the dismissal of a part-time worker in connection with the hiring of the main employee

After the notice of dismissal is handed over, you need to correctly draw up an order. Since we are talking about combining the external, then the order of the head to remove him from his post is indispensable. In this case, you need to draw up an order for the enterprise. As an example, a unified system is perfect for these needs. form T8 or form T8a, if the changes affect the entire list of freelancers.

In the column "Grounds" enter that the dismissal occurs on article 288 of the Labor Code of the Russian Federation, in connection with the reception of the main employee. In the line where the ground documents are indicated, you can enter information from the order to hire a new employee. Filling out a part-time job is not provided, but, at the request of the departing specialist, an entry can be made or a certificate issued in free form, setting out in it the same wording as in the order.

Some non-staff employees believe that they should be given the priority right to choose whether to leave or change their status to permanent. Labor Code of the Russian Federation does not provide for this, giving the employer every reason to decide how the work of a developing enterprise will be organized in the new conditions.

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 law.

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 the 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.

If the main place of work of an employee is in one enterprise, and the additional one is in another, this is an external part-time job, and when he works part-time within one company, it is an internal one. This article will discuss the main points regarding the completion of the procedure for dismissal of an employee working part-time.

The legislative framework

Legislation regulates all aspects of the relationship between the employer and the employee. Chapter 44 RF contains the main provisions that are relevant to the status of a part-time worker, the procedures for signing and terminating an employment contract. It also contains guarantees and compensation.

IN article 288 This chapter fixes the legislative basis for the termination of labor relations with part-time workers.

The legislative framework in relation to employees performing additional duties part-time includes the relevant articles of the Labor Code. The same regulatory guidelines apply as for the exemption from work duties of ordinary employees: clause 2, article 60, article 77, article 81, article 140, article 261, article 287 of the Labor Code of the Russian Federation .

Voluntary dismissal

In order to satisfy the request of an employee to dismiss him of his own free will from the position that he combines, the personnel officer must be aware of some nuances. We are talking about mandatory working out within 2 weeks before dismissal. More precisely, you need to submit an application for the upcoming dismissal 14 days in advance so that the employer has the opportunity to find a replacement for the person leaving. Russian labor legislation provides for dismissal options related to the requirement of a two-week working off:

• by mutual agreement, mining can be canceled;
• working time can be reduced due to the employee's admission to an educational institution;
• the employee has the right to ask to be dismissed without working off in connection with leaving for a well-deserved rest (pension);
• in connection with the change of residence of the dismissed part-time worker, working off is canceled;
• if the employer allowed cases of violation of labor laws, the employee can leave the position on the day the application is submitted.

Dismissal of an external part-time worker

The correctness of the dismissal procedure depends on the legality of hiring an external part-time worker. After submitting an application for admission to a combining position, the employee and the employer sign an employment contract. Further, an appropriate order is issued, and the employee becomes a legitimate external part-time worker. If after a certain period of time he expresses a desire to quit, the following points must be taken into account:

• dismissal is possible only on working days;
• the dismissed person is obliged to present a work book for making an appropriate entry in it (since this document is located at the place of the employee’s main activity, he must take it for a while against signature);
• illegal attempts by the manager to somehow deprive the dismissed person of the financial payments due to him, present him with a fine or other penalty, are easily challenged in court.

If an external part-time job has decided to resign from the main position, and intends to apply for a full-time job in the organization where he previously worked as a part-time job, he will have to go through the following procedure:

• dismissal from the main position with making an entry in the labor;
• resign from a combined position (provide a copy of the order, on the basis of which an entry in the work book will also be made);
• applying for admission as a main job for a position that he previously held as a part-time job.

An employment agreement may contain a clause stating that an employee must work for a month before dismissal. However, the requirements of the main labor legislation have the highest power, so the employee may not agree with the employer and apply not for a month, but for 2 weeks, and he will be absolutely right.

If the situation gets out of hand, and both parties find themselves in a difficult situation, there is a way out - to contact a highly qualified lawyer.

Dismissal of an internal part-time worker

The algorithm for dismissing an internal part-time job is slightly different from the standard procedure for dismissing ordinary employees: after submitting an application, an order is written ( F T8-a ) with the obligatory specification of the main character - an internal or external part-time worker. If he leaves only from a combined position, it is enough to notify the head of this 3 days in advance ( Clause 2, Article 60 of the Labor Code of the Russian Federation ).

In the case when the internal part-time worker intends to resign from both positions he holds, he must submit 2 applications 2 weeks before the date of dismissal. The employer satisfies his request, instructs the personnel service or accounting department to make a full calculation for both positions and hand over a work book ( Article 140 of the Labor Code of the Russian Federation ). By law, an employee can motivate the desire to quit each position for various reasons.

In the next article, you can get more information about .

The initiator of the dismissal is the employer

The employer may dismiss a part-time worker on his own initiative on the basis of clause 8 of Regulation No. 43 presented in Art. 43/1 Labor Code . IN articles 40 And 41 the reasons for which the dismissal can be carried out only after agreement with the trade union committee are indicated. Such approval is not required under the following circumstances:

• complete closure of the enterprise;
• the employee received a negative assessment following the completion of the probationary period;
• reinstatement to the position occupied by a part-time employee of a former employee;
• the absence of a trade union committee in the organization, or the dismissed person is not a member of the trade union;
• an employee is convicted of stealing property;
• admission to a combined position of an individual employee.

Read more about termination of an employment contract at the initiative of the employer -.

In all other cases, the trade union is on the side of protecting the interests of workers, on whose decision it depends whether the leader's initiative will be satisfied.

You can sample a dismissal order. The form of the order for dismissal is possible.

Reduction of a part-time worker (external and internal)

In order not to have to reinstate an employee in a combining position, the manager must strictly follow the letter of the law. The procedure for reducing a part-time job is not particularly difficult; it is identical to that used for all other cases of reduction. The manager notifies the employee of the upcoming reduction (free-form warning) 2 months in advance. The employee must read it and sign.

Before proceeding with the redundancy dismissal procedure, the employer gives the employee the opportunity to take advantage of other vacancies. If there are no vacancies, then after 2 months the workplace is reduced, and the employee will now work at the same rate for the main position.

Dismissal under an indefinite contract

In the procedure for reducing a part-time worker, one nuance should be taken into account in which the employer can reduce a part-time worker working under an indefinite contract. The reason for this is the admission to the combined position of the main employee. The partner is notified 2 weeks in advance.

However, if the former employee wrote a letter of resignation at the main place of work and declared his readiness to move to a combined position as the main work activity, in this situation the internal part-time worker cannot be reduced.

An employee who has entered into an open-ended contract with an employer can also terminate the employment relationship at his own request, which is drawn up according to the standard.

There are specific reasons, conditions, prohibitions and terms for terminating an employment agreement between an employer and an employee.

Reasons for dismissal

In the list of the presented categories of workers subject to dismissal, in Article 77 of the Labor Code of the Russian Federation Companions are included. They concern people in secondary employment who are allowed to be fired for the following reasons:

• in connection with the liquidation of the organization;
• when optimizing the staffing with subsequent reduction;
• for non-compliance with labor and production discipline;
• expiration of contractual obligations;
• due to professional non-compliance (insufficient level of qualification);
• for health.

In real life, situations arise in which management initiates dismissal. For example, an unsatisfactory assessment based on the results of certification, absenteeism, coming to work in a state of intoxication ( Article 81 of the Labor Code of the Russian Federation ). The employer also has the right to dismiss a part-time worker if he has committed an immoral act, is not clean at hand, or is negligent in relation to the material assets of the enterprise, while being responsible for their safety.

If an employee feels that they have been treated unfairly but lacks the knowledge to resist, they can contact a legal agency for advice.

Restrictions on termination of an employment contract

Article 261 of the Labor Code of the Russian Federation provides for the impossibility of dismissal of part-time workers of the following categories:

• pregnant women;
• mothers raising young children (up to 3 years);
• single fathers and mothers with children under the age of 5;
• an employee who has 3 or more children and is the sole breadwinner.

These restrictions are no longer valid if an employee from the listed categories has committed an illegal, immoral act or has accumulated several penalties for violation of discipline.

Based on requirements Article 81 of the Labor Code of the Russian Federation , it is not allowed to terminate the employment relationship at the time when the employee is on treatment or on a planned vacation.

A part-time worker cannot be “thrown out” from work if he signed a fixed-term contract with the employer ( Article 287 of the Labor Code of the Russian Federation), even if another employee applies for his position, for whom this position would become the main one. Termination of cooperation in such a situation is permissible only at the end of the contract.

Payments to a part-time worker upon dismissal

The dismissed external part-time worker claims to be, although it is not uncommon for the manager to disobey these requirements, motivating them with the conditions fixed in the labor agreement. The employee must know his rights, which he can restore by going to court.

Upon dismissal of a part-time employee, this compensation is paid. If we are talking about an internal part-time job, then such a payment is accrued taking into account the salary accrued for a combining position.

If the head decided to dismiss the part-time worker, upon payment to him, Article 44 Labor Code , which indicates the grounds for such payment and its amount.

IN paragraph 8 of Regulation No. 43 we are talking about the possibility of dismissing a part-time job without paying severance pay, if the position he holds has a special regime and conditions.

When dismissing a part-time worker, the employer is responsible for compliance with legal requirements. Specific features of regulatory documents require increased attention. Neglecting them can lead to a loss in court, where an employee who has been treated injustice can apply.

Deadlines

The manager must adhere to the requirements for compliance with the deadlines for notification of the upcoming termination of employment agreements with the employee:

• the part-time worker must be notified 2 weeks in advance if the dismissal is based on Article 288 of the Labor Code of the Russian Federation ;
• 3 days in advance, if the reason for the dismissal of a part-time worker is unsatisfactory completion of the probationary period;
• for 2 months, if the combined position is reduced or in connection with amendments to the employment contract.

Strict adherence to the procedure for hiring and dismissing a part-time employee will help to avoid legal conflicts. The procedure for many actions is similar to that performed in relation to employees performing the main work, there are only a few differences. It is necessary to attach importance to every detail so as not to get into an intractable situation.