Dismissal of external and internal part-time workers. Sample order

Dismissal during internal part-time work 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 differs significantly. It is important to take into account all legal provisions when dismissing an employee, regardless of the reason. Even an employee dismissed at his own request can go to court if, for example, the dismissal was carried out incorrectly, or all due payments were not made to him. In any case, the dismissal of an employee from an internal part-time job does not mean his dismissal from his main position.

Dismissal of an internal part-time worker

In order to understand the features of dismissing an internal part-time worker, you need to consider what constitutes an internal part-time job. An internal part-time worker can be the main employee of an organization who performs additional work at the same enterprise in his free, non-working hours. That is, these job functions should not be intertwined with the main ones that the employee performs at this enterprise.

Registration for a part-time position takes place at the same enterprise by entering information that the employee has been accepted for the position of a part-time employee internally, the number and date of the order on the basis of which the employee has been accepted as an internal part-time employee. That is, the procedure remains the same - you must definitely issue an order.

An internal part-time worker must also be fired by order. The only difference is that such an employee does not quit his main job. 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 employee who works at the same enterprise in the main position, indicating the reason for such dismissal. The requirements for registering dismissal, entering information and wording into the labor report, 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 dismissing an internal part-time worker and additional ones. General ones include those established by Article 77 of the Labor Code. A part-time employee working under an employment contract at an enterprise can be dismissed on the following grounds:

at the request of this internal part-time worker, remain only in the main position;
by agreement between the employer and part-time worker, by drawing up an agreement in writing;
if the period for which the contract was concluded with the part-time worker has expired and the parties have not agreed on its continuation;
by order of the manager (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, due to layoffs, etc.);
when an employee is transferred or moved on his own initiative, for example, to another enterprise, or to an elective position that does not imply the possibility of part-time work;
if the part-time worker refuses to continue working in this position due to some changes: for example, in the organizational form of the enterprise, change of management, change of terms of the employment contract, etc.;
if the employee cannot perform the duties of an internal part-time worker due to his health condition, which is confirmed by a medical certificate, and the employer cannot change the working conditions of the part-time worker to those that suit him;
when the employer moves to another locality, if the part-time worker also refuses, he is transferred to another locality;
under the circumstances specified in Art. 83 TK;

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. You cannot fire a pregnant employee who works part-time for this reason. Until the end of pregnancy.

If a part-time worker was hired under a fixed-term employment contract, when there is no need for the main employee, for example, for work related to seasonal work at the enterprise, or to perform work strictly defined by the employment contract, the employment contract with him is terminated, which is recorded to work. At the same time, the employee continues to work at his main job.

The procedure for dismissing an internal part-time worker

Internal part-time workers, like external part-time workers, have the same labor rights and guarantees as main employees. An internal part-time worker, in addition to the additional salary he receives, also has the right to vacation, the right to remain on sick leave, and 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 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 a given enterprise, but has decided to remain only in the main position, then he must write a corresponding statement. You must notify the company of your desire to resign two weeks in advance. An employee has the right to resign on his own, either only from a part-time position, or from both his main position and the position in which he works as an internal part-time employee.

Having written an application, the part-time worker may, by agreement with the employer, not work the allotted time, or go on vacation that he did not use. But it is important that this leave coincides with leave for the main position. That is, if an employee has a scheduled vacation at a certain time, he must also take the vacation that he is entitled to as a part-time employee at this enterprise. Some employers sum up the vacation simply by adding it up and add an additional one to the main vacation.

But, if an employee, having served on vacation, which he is entitled to in his main position, considers it necessary not to use the vacation entitled to him as a part-time worker, the employer must, upon his dismissal, compensate him for all unused vacations by this employee for the entire period of internal part-time work. The same right applies to those part-time workers who are dismissed for other reasons (except for guilty actions).

Features of dismissal of an internal part-time worker

Few people pay attention to the timing and procedure for making records of the dismissal of a part-time employee. Even in the case of internal part-time work, the rules for dismissal and the rules for applying for the position of the main employee remain the same as for the main one. The only difference is that an internal part-time worker has the opportunity to work at the same enterprise.

Only an employee who has his main place of work can be considered a part-time worker, either at the same enterprise where he is a part-time worker, or at another, with another employer. Therefore, when dismissing an employee from his main place of work and leaving him as a part-time worker, some employers do not take into account that if he does not get a main job somewhere else, then such an employee automatically becomes not a part-time worker, but a main employee. Even if not full-time.

Then, certain problems arise if, say, the employer hires a part-time, main employee. According to the law, such dismissal of a part-time employee is not allowed due to the hiring of a main employee for this position. After all, the person being fired is no longer a part-time employee, but a main and full-time employee. If he works at this enterprise as the main employee, and in his free time, under an employment agreement, performs part-time job functions, despite his desire, he can be fired by the employer if he decides to hire a permanent employee.

The law does not exclude the possibility of dismissing an internal part-time worker for violation of labor discipline. Reports, reports, and other documents confirming the fact of the 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 his main place of work for a certain amount of time, and part-time, he works at a different time, as it should be, then, in the event of a part-time worker’s failure to show up for work (meaning that the part-time worker could leave work without warning, without valid reason at the moment when he must perform the job functions assigned to him by internal part-time work), dismissal from the position of an internal part-time worker for absenteeism is allowed.

Legislation allows for various forms of work for citizens, including the possibility of working simultaneously in several enterprises. The most common case is the execution of a part-time employment agreement; the dismissal of a part-time worker in connection with the hiring of the main employee is recognized as a special basis for termination of the employment agreement.

Legal basis for part-time work

Before establishing general and special cases of possible termination of an employment agreement with a part-time worker, it is necessary to establish the legal status of such an employee. Regulation of relations with this category of citizens is carried out according to the rules of Chapter 44 of the Labor Code of the Russian Federation.

Part-time work means working for another employer subject to the following conditions:

such activities are carried out within the framework of the concluded employment contract, and the part-time worker is officially included in the staff of the enterprise;
Part-time work activities are carried out in free time from the main job.

Thus, a citizen will simultaneously be on the staff of several enterprises, and the Labor Code does not contain restrictions on their total number. A corresponding provision is included in the employment agreement that this form of labor activity takes place.

In practice, the need to attract citizens on a part-time basis arises when it is necessary to temporarily replace an absent main specialist. The duration of the specified temporary period will depend on the circumstances causing the absence of the main employee (long-term illness, maternity leave, etc.).

An administrative document (management order) is issued regarding the hiring of an external part-time worker, and the conditions of his employment will fully coincide with similar conditions for the main personnel of the enterprise.

The main requirement for drawing up an employment agreement is that the total duration of part-time work cannot exceed four hours during the working day. The specified duration of the working day may be extended in cases where a specialist at his main place of work goes on vacation or is otherwise legally released from performing job duties.

Part-time work implies the temporary nature of the employment relationship, since any employer should be interested in attracting full-time specialists. However, the content of the employment agreement may not include a deadline for terminating the work of a part-time worker, since the return to work of a permanent specialist provides the right to a simplified procedure for the dismissal of a temporary employee.

Legal grounds for dismissing a part-time worker

at the initiative of a specialist;
at the initiative of management;
by agreement of the parties.

Part-time dismissal at the initiative of an employee is allowed without restrictions according to the standard procedure: filing an application addressed to superiors and working out the established time before issuing an order to terminate the employment relationship. Dismissal of an internal part-time worker at his own request may be due to any reasons, which the worker is not required to indicate.

How to correctly fill out an application form for termination of employment at the initiative of such an employee? To do this, you can use a sample part-time resignation letter, which is available on our website for review and download.

To dismiss a part-time employee, management can use any basis regulated by Article 81 of the Labor Code of the Russian Federation:

termination of labor relations upon liquidation of the organization, or if staff reductions begin;
for culpable reasons (absenteeism, establishment of the fact of alcohol intoxication in the workplace, etc.);
for medical reasons;
other reasons.

The procedure for terminating employment in this case will not differ from the standard rules for the main category of specialists (notification upon layoff, etc.). However, Art. 288 of the Labor Code of the Russian Federation additionally contains a special special rule that applies only to part-time relationships and makes it possible to dismiss a specialist under a simplified procedure.

Dismissal of a part-time worker when the main specialist returns to work

If part-time work arose due to the temporary absence of the main employee, it is directly related to the moment the absent specialist returns to the workplace. Such a moment may be leaving after maternity leave or completing long-term treatment.

To fire a part-time employee, the enterprise administration will need to follow the procedure for terminating the employment contract. The necessary procedural actions of management will include:

establishment of legal grounds allowing to determine the period of departure of the main specialist (presentation of a sick leave certificate indicating the deadline for treatment, etc.);
making a decision to terminate the employment agreement with an external part-time worker under the circumstances specified in Art. 288 Labor Code of the Russian Federation;
delivery of notice of the upcoming termination of the employment relationship;
publication of an administrative document (order) after the expiration of the warning period.

When the main specialist returns to work, the part-time worker must obey the employer’s decision. However, by agreement between the parties, a transfer to another workplace may take place with a change in the terms of the employment agreement.

If the main employee has announced his return to work, the enterprise administration does not have the right to leave an internal part-time worker in the main position, but may offer him other options for continuing his work activity.

Procedure for terminating a part-time contract

Despite the unconditional right of management to terminate an employment agreement with a part-time worker, it is necessary to comply with all formalities regulated by the Labor Code of the Russian Federation. First of all, this concerns the delivery of a warning about the impending termination of relations.

This obligation is established in Art. 288 of the Labor Code of the Russian Federation and consists of delivering a special document to the part-time worker, which is a notice of dismissal from work. This document creates an obligation for an external specialist to resign, regardless of his desire or other circumstances.

Before delivering such a notice, the fact that the main specialist has returned to work must be documented. If such a circumstance is not properly confirmed, there are no grounds for starting the procedure.

Delivery of a written notice of the upcoming termination of a part-time employment agreement must be carried out taking into account the deadline established in Art. 288 of the Labor Code of the Russian Federation - no later than two weeks before the date of the upcoming termination of the contract. The notice period may be longer (three weeks, one month, etc.); the key point in this case will be the exact knowledge of the moment when the main employee must begin performing his job duties.

A part-time employee does not have the right to refuse to receive a document warning of dismissal. If such a refusal or evasion of receipt is established by the employer, a commission act must be drawn up, which in legal meaning will be equivalent to a notification.

Combination involves performing work duties at two or more enterprises at the same time, so the dismissal of a part-time worker in connection with the hiring of the main employee will not entail the loss of his job and livelihood. That is why the law establishes such a short period of preliminary notice.

If, during the two-week period, the return to work of the main specialist is postponed indefinitely (new illness, dismissal without actual exit), the legal grounds for dismissal of the part-time worker are eliminated. In this case, the employment relationship between the parties continues on the same terms.

If the notification procedure has been followed and the main employee has not officially extended the period of his absence, grounds arise for terminating the employment relationship with the part-time worker. To do this, the following actions must be performed:

an order was issued to terminate the employment agreement;
a full settlement of monetary remuneration and other payments to the part-time worker has been made;
Documents from the personal personnel file regarding the dismissal of an external specialist were drawn up.

Documents must be prepared in accordance with the general rules of personnel records management. After the termination of the employment relationship, the part-time worker will receive a document confirming the termination of the contract. In this case, a work book is not issued, since it must be kept at the main place of work.

A sample order for the dismissal of a part-time employee must indicate the date the main employee starts working, as well as the moment of actual termination of the relationship with the external specialist.

If combination occurs simultaneously at several enterprises, a similar procedure can be carried out at each of them. At the same time, to terminate the employment agreement at the main place of work, the conditions of Art. 288 of the Labor Code of the Russian Federation cannot be applied, and the grounds for dismissal at the request of management can only be established based on the norms of Art. 81 Labor Code of the Russian Federation. The specialist is not required to report the termination of a part-time contract at the place of his main job.

In addition, within a two-week notice period, management can find a new position at the enterprise for a part-time employee. In this case, it will be necessary to make changes to the essential terms of the employment contract in terms of changing the job function and workplace. This option will allow the parties to continue the relationship for an indefinite period of time.

The procedure for dismissing part-time workers is similar to that established for other employees, but in some cases there may be nuances that the employer should take into account. In addition, the Labor Code contains grounds for termination of employment relations, which can only be applied to this category.

Dismissal of a part-time employee

A part-time worker is a person who is simultaneously assigned to several positions. One of them is the main one, the rest are called part-time work. There are internal (with the main employer) and external part-time jobs (with different employers). This classification only indicates for which employer the employee works part-time and does not affect the procedure for dismissal.

Dismissal due to internal part-time employment

How to fire an external part-time worker at the employer’s initiative

When terminating an employment relationship with a part-time worker, at the request of the employer, all the rules established by labor legislation must be observed (Article 81 of the Labor Code of the Russian Federation):

Carrying out the necessary procedures before dismissal (internal investigation, warning within a specified period, etc.).
Registration of dismissal (issuance of an order).
Issuance to the dismissed person of all amounts and documents due to him.

As in normal cases, the employer cannot fire a part-time worker while he is absent (vacation, temporary disability).

Dismissal of a part-time worker for absenteeism

When dismissing for absenteeism, you need to take into account the following features:

Absenteeism should only concern part-time work.
An employee is fired only from a part-time job, but not from his main job.
You cannot make an entry about this in the labor record without the employee’s consent.

These features are mostly relevant for internal part-time workers.

How to fire an external part-time employee at your own request

Dismissal at the initiative of an employee takes place in the usual manner:

A statement is being written.
The notice period for the employer is equal to that established by the Labor Code of the Russian Federation (2 weeks).

On the day of dismissal, an order is issued and the employee is given a final payment.

Part-time employee's notice of dismissal: sample

The management of the enterprise must warn the person about dismissal in writing. To do this, you need to draw up a notice of termination of the contract with the part-time worker. The sample of this document has not been approved, so it is compiled in free form.

An example notification text might look like this: “We notify you that, in accordance with Article 288 of the Labor Code of the Russian Federation, due to the fact that an employee for whom this position will be the main one will be hired in your place, you are subject to dismissal on July 16, 2018.”

The notice is drawn up in two copies - one is given to the person being dismissed, and on the other he signs that he was notified.

Order to dismiss an external part-time worker: sample

The dismissal order is drawn up in the form that is used by the employer, as a rule, this is a unified form T-8. It is filled out in the usual manner.

The employee needs to be familiarized with it, even if he is an internal part-time worker.

Employment record: part-time dismissal (sample)

An entry in the work book about part-time employment is made only at the request of the employee. If the employee has expressed such a desire, the entry will be made by the employer at the main place of work. But the work record itself is not issued to the employee, even if his work book is in the same organization.

Example of a resignation letter

“The employment contract for part-time work at the Romashka Limited Liability Company has been terminated, in accordance with Article 288 of the Labor Code of the Russian Federation (hiring an employee for whom this work will be the main one).”

The basis for the entry will be an order to dismiss the organization where the part-time worker worked:

“Order of Romashka LLC dated May 15, 2018 No. 44-K.”

Termination of an employment contract with an external part-time worker, as with an internal one, is carried out on the same grounds as provided for main employees. In addition, the employer has the opportunity to dismiss such an employee if another person takes his place, for whom this position will be the main place of employment.

How to fire a part-time worker at the initiative of the employer? Are there any grounds for this other than those listed in Art. 80 Labor Code of the Russian Federation? Read about everything in our article

Read our article:

How to fire an external part-time worker at the initiative of the employer: Article 288 of the Labor Code of the Russian Federation

Some employees may avoid serving notice in the belief that it will prevent them from being fired. However, it is not. If he refuses to receive the document, it can be read out orally in the presence of several witnesses. A note about this is placed on the employer’s letterhead with the signatures of witnesses.

If it is impossible to carry out the above actions, notification can be sent to the part-time worker by registered mail with acknowledgment of delivery and a list of the attachments. At the same time, to the notification period of 14 calendar days, it is worth adding the deadline for sending the letter and a couple more days “in reserve.” Since correspondence may be delayed or the letter may not be received immediately. And with this method of notification, the countdown of the period begins from the moment the letter is received.

Step 2. Issuing an order to dismiss a part-time worker (a sample will be given below). The order is issued on a unified form T-8 or on a form approved by the company (since January 2013, the mandatory use of unified forms of personnel documents has been abolished by Federal Law of December 6, 2011 No. 402-FZ “On Accounting”).

The reason for termination is indicated in the document - employment of the main employee and a link is given to Article 288 of the Labor Code of the Russian Federation.

Step 3. Issuing a certificate. At the request of the employee, information about part-time work may be entered into the work book. But only the employer at the main place of work can do this. Therefore, at his request, the dismissed person must be given:

a certificate indicating the dates of admission and dismissal, order numbers, as well as position and structural unit;
a copy of the employment order;
a copy of the dismissal order.

Step 4. Final settlement and payment of amounts due. The dismissal of a part-time employee at the initiative of the employer does not imply payment of severance pay. The payments are the same as if he left of his own free will, namely:

unpaid wages for hours worked;
accrued awards and bonuses;
compensation for unused vacation.

Dismissal of an internal part-time worker

Dismissal of a part-time worker at his own request

Such dismissal occurs on a general basis with a two-week working period. The launch of the procedure begins from the moment the application is submitted to the manager.

By agreement, the period of work may be reduced or it may be canceled completely. It is also possible to replace it with a vacation. The employer decides whether to provide such an opportunity to a part-time worker or not.

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

The legislative framework

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

IN Article 288 This chapter establishes the legislative basis for terminating employment relations with part-time workers.

The legislative framework in relation to employees performing additional part-time duties includes the relevant articles of the Labor Code. The same regulations apply as for exempting regular employees from work duties: Clause 2 of Article 60, Article 77, Article 81, Article 140, Article 261, Article 287 of the Labor Code of the Russian Federation .

Dismissal at your own request

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

by mutual agreement, work can be cancelled;
the 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 in connection with retirement (retirement);
due to a change of residence of the dismissed part-time worker, the work service is cancelled;
if the employer has committed violations of labor laws, the employee may resign from his position on the day the application is submitted.

Dismissal of an external part-time employee

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

dismissal can only be done on working days;
the dismissed person is obliged to present a work book to make the appropriate entry in it (since this document is located at the employee’s place of main activity, he must borrow it against signature);
illegal attempts by the manager to somehow deprive the dismissed person of financial payments due to him or to impose a fine or other penalty on him can easily be appealed in court.

If an external part-time worker decides to resign from his main position and intends to take up a full-time position in the organization where he previously worked as a part-time worker, he will have to go through the following procedure:

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

The employment agreement may contain a clause stating that the employee must work for a month before dismissal. However, the requirements of basic labor legislation are supreme, so an employee may disagree with the employer and submit an application not a month in advance, but 2 weeks in advance, and he will be absolutely right.

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

Dismissal of an internal part-time worker

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

In the event that an 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 grants his request, orders the personnel service or accounting department to make a full calculation for both positions and issue a work book ( Article 140 of the Labor Code of the Russian Federation ). According to the law, an employee can motivate his desire to quit each position for various reasons.

In the following article you can get more information about.

The initiator of dismissal is the employer

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

complete closure of the enterprise;
the employee received a negative assessment based on the results of the probationary period;
reinstatement of a former employee to a part-time position;
absence of a trade union committee in the organization, or the dismissed person is not a member of the trade union;
an employee is caught stealing property;
hiring an individual employee for a combined position.

More information 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 depends whether the manager’s initiative will be satisfied.

You can sample a dismissal order. A dismissal order form is available.

Reduction of part-time worker (external and internal)

To avoid having to reinstate an employee to a part-time position, the manager must strictly follow the letter of the law. The procedure for laying off a part-time worker is not particularly difficult; it is identical to that used for all other cases of layoff. The manager notifies the employee of the upcoming layoff (free-form warning) 2 months in advance. The employee must read it and sign.

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

Dismissal under an open-ended contract

In the procedure for laying off a part-time worker, one nuance should be taken into account in which an employer can lay off a part-time worker working under an open-ended contract. The reason for this is the hiring of a key employee for a combined position. The part-time worker is notified 2 weeks in advance.

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

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 deadlines for terminating an employment agreement between an employer and an employee.

Reasons for dismissal

The list of presented categories of workers subject to dismissal includes: Article 77 of the Labor Code of the Russian Federation includes part-time workers. They apply to people in secondary employment who are allowed to be fired for the following reasons:

in connection with the liquidation of the organization;
when optimizing staffing levels with subsequent reductions;
for failure to comply with labor and production discipline;
expiration of contractual obligations;
for professional inconsistency (insufficient level of qualifications);
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 while intoxicated ( Article 81 of the Labor Code of the Russian Federation ). The employer also has the right to dismiss a part-time employee if he has committed an immoral act, is dishonest, or is negligent in relation to the material assets of the enterprise, while being responsible for their safety.

If an employee feels that he has been unfairly treated, but does not have enough knowledge to resist, he can contact a legal agency for advice.

Restrictions on termination of an employment agreement

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

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

These restrictions lose force if an employee from the listed categories has committed an unlawful, 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 permitted to terminate the employment relationship while the employee is undergoing treatment or on scheduled leave.

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

Payments to a part-time worker upon dismissal

A dismissed external part-time worker claims to be employed, although there are often cases when the manager does not comply with these requirements, citing the conditions stated in the employment agreement. The employee must know his rights, which he can restore by going to court.

When a part-time employee is dismissed, this compensation is paid. If we are talking about an internal part-time worker, then such a payment is calculated taking into account the wages accrued for the part-time position.

If the manager decides to dismiss a part-time worker, when he is paid, the Article 44 Labor Code , which indicates the grounds for such payment and its amount.

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

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

Deadlines

The manager must adhere to the requirements for complying with the notification deadlines for 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;
2 months in advance if the combined position is being reduced or due to changes to the employment contract.

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