Dismissal of a part-time worker due to the hiring of a main employee

Home / Labor Law / Employment / Part-time and part-time work

Back

Published: 08/10/2016

Reading time: 9 min

0

2223

A part-time worker is an employee who performs the duties of another employee for several hours a day, in his free time from his main activity.

Internal part-time work involves performing primary and additional work in one organization, while the number of part-time jobs is not limited by law.

• Legislation
• Reasons for dismissing internal part-time workers
• Registration procedure
• Employee payments
• Features of dismissal of protected categories of workers

Features of part-time employment

Labor legislation allows for part-time work both at the company of primary employment and with another employer. The registration conditions do not have any significant differences. Additional part-time employment involves:

• Conclusion of a separate employment contract. Part-time employment with contract registration is carried out for both external and internal employees.
• Rights and responsibilities corresponding to the working conditions of key workers. The exception is the condition of dismissal when hiring a person for whom the contract will become the main one.
• Dismissal procedure carried out in accordance with standard procedures. The legislation describes the main aspects of documentary registration (Article 84.1 of the Labor Code of the Russian Federation).

The grounds for terminating a contract with a part-time worker are the initiative of the employee, the initiative of the employer, agreement of the parties, reduction of staff, and other conditions. For part-time workers, an additional basis for termination of the contract at the initiative of the employer has been legalized ( Article 288 of the Labor Code of the Russian Federation ).

Notice of dismissal of a part-time worker

Part-time job reduction

Guarantees of labor rights are provided to part-time employees on an equal basis with main employees, but so do the responsibilities. The possibility of reduction is not excluded by law. Compliance with the established procedure is mandatory. The dismissal of an external part-time worker and an internal part-time employee due to staff reduction is similar to the procedure in relation to main employees. Namely, the employer is obliged to notify 2 months in advance that changes will be made to the organization’s staffing table (an order is issued about this). During this period, before the day of dismissal, the part-time employee must be offered other vacant positions, if any. Available vacancies may have lower pay and may not be as interesting or prestigious. You can refuse them, and then the dismissal of the part-time employee due to staff reduction is formalized within the prescribed period. Severance pay is calculated in the same way as for main employees: upon calculation (average monthly earnings) and for another two months if the person does not find a job during this period.

It is important to know that when laying off, there is no difference between a main employee or a part-time employee, and discrimination of rights on this basis is illegal. This statement is confirmed by judicial practice. You can always write a statement if you think that your rights have been violated.

Dismissal when hiring a key employee

The ability to fire a part-time employee when hiring a main employee is one of the few advantages of an employer, enshrined in the Labor Code of the Russian Federation. To terminate the contract, the following conditions must be met:

1. An agreement with a part-time worker planned for termination must be concluded for an indefinite period.
2. A person for whom work becomes the main one must express his intention to find employment - submit an application for employment addressed to the head of the enterprise. The employer must issue an employment order taking into account the date the position becomes vacant or draw up an employee employment agreement.
3. The part-time employee must be notified of dismissal 2 weeks in advance. The term of service can be reduced by mutual agreement.

According to the judicial authority, for part-time workers hired for a certain period of time, the provisions of Art. 288 of the Labor Code of the Russian Federation do not apply. Persons hired part-time under fixed-term contracts are dismissed on general grounds.

Investigative Committee for Civil Cases of the Stavropol Regional Court, chaired by M.I. Gedygushev (Determination dated 04/01/2014 in case No. 33-1702/14).

Mandatory stages of dismissal of a part-time worker

The dismissal of a part-time worker when the main employee is employed is carried out at the initiative of the employer.

Part-time employees have rights similar to other employees. Persons receive all required payments and compensation upon dismissal.

How to fire an external part-time worker by agreement

Combination is a special mode of labor activity in which a citizen enters into employment contracts for several positions or with several employers. There are no restrictions on the number of combined positions, and each employment contract can be terminated on the grounds specified in the Labor Code of the Russian Federation.

External part-time work involves employment relationships with two or more employers. The agreement, as an option for dismissal, can be used at the main place of work or at a part-time place. To carry out this procedure, the following rules must be taken into account:

• termination of employment relations with one of the employers does not affect work at another enterprise - the second employer is not notified of the conclusion of the agreement;
• an agreement can be concluded only if all conditions of dismissal are agreed upon - if there is disagreement between the employee and the manager on at least one issue, they will have to use other dismissal options;
• a part-time worker is subject to all guarantees provided for cases of dismissal - in particular, the amount of mandatory payments will correspond to the terms of the employment contract.

Note!
The law does not oblige the parties to indicate reasons for entering into an agreement. Due to the peculiarities of the combination, this option can be used in case of staff/position reduction, liquidation of the enterprise, or for other reasons. The initiative to conclude an agreement can come from both the part-time worker and his employer. When agreeing on the terms of dismissal, the following questions are key:

• term for termination of the employment relationship - the parties can specify any date that takes into account their interests;
• composition and amount of payments upon dismissal - for the agreement, you can not be limited to mandatory payments under the employment contract, and use other benefits, compensation and allowances;
• the procedure for providing the remaining leave or paying appropriate compensation;
• the procedure and timing for transferring cases to a full-time employee or newly hired specialist.

sample agreement to terminate an employment contract with payment of benefits

If a part-time employee's position is eliminated or the company goes into liquidation, the agreement will simplify the mandatory procedures for dismissal. However, in this case, the employee is guaranteed payment of severance pay and compensation of average earnings for the next two months. These guarantees must be observed despite the part-time worker having another job.

The sequence of actions after concluding an agreement is as follows:

• the part-time worker submits a letter of resignation - this document is registered under the incoming number and cannot subsequently be withdrawn unilaterally;

Read on the topic: How to correctly draw up a letter of resignation by agreement of the parties?

• management issues an order indicating the date of dismissal;

Sample order for dismissal by agreement of the parties

• Based on the agreement and order, payments are calculated and a work book is filled out - the citizen will be able to receive this document and the amounts due no later than the last day of work.

If the work book is stored in the personnel department at the main place of work, it is temporarily transferred to the place of external combination to make an entry. After filling out the document, it is returned to the main employer.

After dismissal by agreement, the combination regime is canceled if the citizen has only one job left. It is possible that an agreement will be drawn up for all combined locations at once. In this case, each employer must take into account the general rules for dismissal.

Read on topic: Procedure for reducing internal and external part-time workers

Read on topic: Dismissal of a part-time worker at his own request

Entries in the work book about the dismissal of a part-time worker

The work book is kept at the main place of work of the part-time worker. When filling out the document, the following features are taken into account:

• The part-time worker must express a desire to make a record of additional employment and provide supporting documents.
• Internal part-time workers submit an application in writing without providing additional documents.
• External part-time workers are given an extract from the hiring and dismissal order to make an entry at the place of primary employment and storage of the work book.
• Entries regarding the hiring of a part-time worker may be made without regard to chronological order.

The organization's seal is not used when making a record of the employment of a part-time worker. The procedure for sealing the signatures of officials is used only upon dismissal from the main workplace.

Internal part-time worker: subtleties of dismissal

The general order is followed, but with minor nuances. Thus, the dismissal of an internal part-time worker does not mean termination of the contract with him for his main position. Let's take a closer look. Who is an internal part-time worker? An employee of an organization who, in his own organization, during non-working hours, i.e. free, performs some other, additional duties. Dismissal as a part-time employee is made by order with the obligatory indication of reasons and grounds. The main position is not affected; it remains with the employee. The opposite situation is also possible. In any case, an order must be issued for each of these actions.

Documents confirming the employment of a permanent employee

Using the opportunity to terminate a contract with a temporary employee when hiring a permanent employee is possible only with proof of employment. The following documents are used to confirm employment:

1. An order to hire a person, taking into account the two-week delay required to notify the part-time worker. If a part-time worker falls ill during the working period, the order is canceled and a new order is issued.
2. Employment agreements. It is possible to indicate any effective date or from the moment the employee immediately begins to perform his duties. An agreement of intent is not used in labor law.
3. An order to dismiss an employee due to transfer to a company where a part-time worker works. Additionally, a notice of the employer’s consent to hire the employee for the position held by a part-time employee must be drawn up.

The documents are not provided to the part-time worker upon termination of the contract, but can be used when challenging in court the competence of the part-time worker’s dismissal.

Changing the status of a part-time worker

If a part-time worker has terminated the relationship under the main contract, the same dismissal procedure continues to apply to him. The condition of part-time work is essential and is included in the contract without fail (Article 282 of the Labor Code of the Russian Federation). The status of a part-time worker does not change until changes are made to the agreement with the mutual consent of the parties.

Example of termination of a contract

Employee R., employed in the organization Saturn LLC, registered a part-time job at Neptune LLC. Having terminated the main contract, R. did not apply to the head of Neptune LLC with a request to change the essential condition of the part-time contract. The employer, guided by the Labor Code of the Republic of Kazakhstan, hired the main employee, notifying the part-time worker. The contract was terminated on the basis of Art. 288 Labor Code of the Russian Federation.