Often, an employer has positions for which it is necessary to hire an employee from another organization who will work part-time.
There can be many reasons for hiring a part-time worker, each of which influences the decision to hire an external or internal part-time worker. If an employer hires a permanent employee for a specific position, there is no need to have a part-time employee. Dear readers! To solve your specific problem, call the hotline or visit the website. It's free.
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Grounds for dismissal of a part-time worker
An employee working part-time can be fired:
- On general grounds (Article 77 of the Labor Code of the Russian Federation).
These include dismissal at the initiative of the employee and the employer, by agreement between them and due to circumstances beyond the control of the parties.
- On an additional basis (Article 288 of the Labor Code of the Russian Federation).
Such a basis is the dismissal of an employee for whom this work will be the main one when hiring a part-time position.
When hiring an employee for a part-time position, it doesn’t matter if it is formalized:
- under a fixed-term or open-ended employment contract;
- for full or short-time work.
Procedure for terminating an employment contract
Notice from work or your own statement?
Just as they were hired on the basis of an order from the head of the organization, the dismissal of a part-time worker is also carried out on the basis of an appropriate order with the obligatory formulation of the reason - it will then appear in the work book.
If we are talking about layoffs, then the part-time worker receives a notice no less than two months in advance, indicating:
full name of the organization;- Date of preparation;
- date of planned care;
- the reason why it is planned to terminate the cooperation;
- signature with transcript.
It is given personally to the employee if he is at the workplace or sent to the address by mail with a notification and a list of the contents. If a part-time worker himself wants to leave the company, he submits an application based on Art. 77 Labor Code or Art. 80 TK, which includes:
- “cap” (placed in the upper right corner) – the name of the organization to whom the paper is addressed;
- from whom (last name, position);
- document title (centered) - STATEMENT;
- request for dismissal;
- date of expected departure;
- signature.
In the case of leaving on one’s own initiative, standard rules apply for a part-time worker: the citizen submits an application two weeks before the planned departure, having first discussed the date with the boss. This period may be shorter, and sometimes it is possible to leave without working at all.
Something to remember! Reducing the period established by labor legislation is the right of the employer, but not an obligation.
Making an order
When the decision to terminate the employment relationship has been made and the period for working out has expired, the head of the company issues a dismissal order in the T-8 form. The document is drawn up in the first person and contains:
- full name of the company, details of the manager;
- date of;
- document title;
- order to terminate the employment contract (specify);
- signature with transcript.
When to notify a part-time employee of dismissal
The part-time worker must be notified of the upcoming dismissal in writing 2 weeks before the termination of the employment contract (Article 288 of the Labor Code of the Russian Federation). The law does not specify how to do this: in person or by sending a notification by mail.
When sending a notice by mail, it is better to count the two-week period not from the date the letter was sent, but from the date the employee received the document. Otherwise, the employee may go to court and indicate that the employer violated the notice period. And this threatens with administrative liability.
To avoid possible problems, it is better to hand the notice to the employee personally, asking him to sign the second copy of the document.
Preparation of documents and procedure
Base
The concluded agreement on hiring a permanent employee is the basis for starting the document flow regarding the termination of the contract of secondary employment. Based on it, a notification letter is created about finding a replacement.
Notification
The employee must be given a written warning of termination of the contract two weeks in advance. The notification is assigned a serial number, the data of which is then entered into the order on termination of the employment relationship.
Features of drawing up and delivering a notice:
- Quantity. The document is duplicated (the employee has one option).
- Form. The law allows filling out a written permit in any form.
- Signature. The fact of delivery is considered to be the presence of the surname and initials actually supplied by the employee.
The two-week period for the necessary notification of an employee is calculated not from the moment the notification is drawn up, but only after the notification is signed by the part-time employee.
If the employee refuses to accept the notice, a commission is created that draws up an act of refusal to sign.
The notice is given at the workplace, but when working remotely, it is possible to visit the employee at his actual place of residence or send the document by registered mail. However, the notification period in this case will be considered the next day from the date of delivery of the letter (Civil Code of the Russian Federation, Art. 191).
To persons living in other cities and working remotely for the company, the notification is sent electronically and by registered mail (LC RF Article 312.5). While maintaining the main place of employment, the personal document remains with the company.
If a severance agreement has been concluded with the employer, which allows for leaving the company earlier than the period permitted by law, then the exemption from the 14-day work period is considered legal.
Order
An order to terminate secondary employment is drawn up according to the standard adopted by the company or in form T-8, which indicates the order to terminate a separate employment contract (for external and internal part-time work) or an additional agreement (only for internal work).
Possible wording: “Based on Art. 288 of the Labor Code of the Russian Federation, your part-time contract dated May 10, 2015 will be terminated due to the hiring of employee I. A. Ivanov, for whom the position becomes the main one...” In the field with the basis, a link to the article is indicated along with a transcript; an additional field indicates the date of delivery of the notification.
At the end, the signatures of the director and the part-time employee being dismissed are placed. The employee may refuse to familiarize himself with the document - in this case, a written note is made indicating his unwillingness to sign. If the employee is a member of a trade union, then at the end of the order the motivated opinion of the human rights body is indicated, but if the law is observed, the union almost always agrees with the legality of terminating the relationship in this way.
An order to hire a new employee is issued during the period when the part-time employee has not yet left the workplace. The presence of two employees in the same position is acceptable in this case, since it is the fact of hiring a new person that is the basis for terminating relations with the other. The date of dismissal of a part-time worker is set to a number that is calculated 2 weeks after signing the notice and on the basis of the issued order (Labor Code of the Russian Federation 84, clause 1).
Marks in the work book
An entry in connection with dismissal from work is made by a representative of the personnel service at the place of primary employment for internal and external part-time work. In the latter case, a third-party organization must provide the dismissed person with copies of documents on the basis of which the entry will be made. Features of the book design (by columns):
- The entry number is entered according to the order in the document.
- The date of leaving the company is indicated (example: 02/21/2017).
- The reason “Dismissed due to the hiring of an employee for whom the place becomes the main one…” is entered. Additionally, reference is made to Art. 288 TK.
- A record is generated indicating the order number on the basis of which the employee is obliged to resign.
If an entry is made for external part-time employment, then in columns 3 and 4 the legal name of the organization in which the dismissal was made is added.
Example: column No. 3 - “...dismissed from a part-time position on the basis of...”, column No. 4 - “Order No. 123 of Scheme Plus LLC dated...”.
Internal part-time work does not imply such clarifications, since in the absence of specifications, the default is the registration of secondary and primary employment in the same company.
A stamp and signatures after recording the closure of a part-time job are not affixed by representatives of the personnel service, since this procedure is provided only for dismissal from the place of primary employment.
Form of notice of dismissal of a part-time worker
There is no unified form for this document. The notification is drawn up in free form indicating:
- name of the organization (or full name of the individual entrepreneur);
- title of the document;
- reasons for dismissal;
- date of termination of the employment contract (last day of work);
- date of document preparation;
- Full name and signature of the head of the organization (IP).
Form for notice of dismissal of a part-time worker
Sample notice of dismissal of a part-time worker
Is it possible to fire a main employee while hiring?
You can terminate your employment obligations with a part-time employee under a contract for an unspecified period:
- for general reasons in accordance with Article 77 of the Labor Code of the Russian Federation;
- when hiring (returning) to a position an employee for whom the main activity will be (Articles 77, 288 of the Labor Code of the Russian Federation).
The basic basis for severing employment relations is that for a new specialist the work will be the main one, regardless of the conditions for accepting him into the company’s staff:
- the contract is concluded for an indefinite period, or the term of the employment relationship is indicated in the text of the document;
- Working hours include full or part-time employment.
The consent of the part-time partner is not required when terminating the contract. But it is necessary to pay attention to the type of combination: an external or internal part-time worker quits.
If the internal part-time employment relationship is broken, he leaves the additional position, but remains at the main place of work at the same enterprise.
The external part-time worker leaves both the position and the organization.
In addition, according to the current norms of Labor Law, the dismissal of a part-time worker is not allowed if he has previously terminated his employment relationship with the employer at his main place of business.
Thus, before dismissing a part-time employee, you should make a proposal to transfer him from a certain position to a permanent job.
And in case of refusal, make attempts to find a new specialist.
How to resign from a part-time job at the employee’s initiative, read here.
How much notice must be given?
The dismissed employee must be notified of the planned termination of the employment relationship by means of a notice.
This procedure must be carried out no less than 14 days before dismissal (Article 288 of the Labor Code of the Russian Federation).
The warning is given in writing at a personal meeting or sent by mail.
If there is a refusal to receive a notification, a corresponding act is drawn up.
How to register when terminating an employment contract under Article 288 of the Labor Code of the Russian Federation
The notice of dismissal is issued in free form; the header of the document contains information about the organization: name, tax identification number, checkpoint. Next, in the right corner, the addressee of the document (the dismissed employee), his full name and position are indicated.
After writing the title of the document, the main text of the notification is written, which contains the information:
- addressing a specialist by name and patronymic;
- fact of termination of the employment contract;
- reason for dismissal (hiring the employee to the main place of work);
- reference to legislation (Article 288);
- date of contract termination;
- signature of the director and organization.
Also in the document, the dismissed employee puts his personal signature and the date of reading the notice.
With a part-time worker signed under a fixed-term employment contract, it is impossible to terminate labor obligations under Art. 288 Labor Code.
This legal norm directly prescribes the condition for terminating an employment contract with a part-time employee when hiring an employee at the main place of work, if the term of the former’s contract is concluded for an indefinite period.
This article does not provide for the severance of fixed-term employment obligations with part-time workers.
Article 288 of the Labor Code of the Russian Federation also does not provide for the dismissal of certain categories of part-time workers: women who are pregnant and raising children under the age of three, single mothers who are raising a child under 14 years of age.
Both part-time workers who are sick and those on vacation have privileges (Part 6 of Article 81, Article 261 of the Labor Code of the Russian Federation).
Payments to a part-time worker (severance pay) dismissed under Article 288 of the Labor Code of the Russian Federation are not provided, unless otherwise stated in the employment contract.
Sample notice of dismissal of a part-time worker in connection with the hiring of a main employee -
When a part-time worker cannot be fired
You cannot fire an employee working part-time if a fixed-term employment contract has been concluded with him. In this case, it can be calculated only after the expiration of the contract.
Also controversial is the issue of dismissal of a part-time pregnant woman, a woman with a young child, a single mother and other employees listed in Part 4 of Art. 261 Labor Code of the Russian Federation. More information about the dismissal of a part-time worker who has a child under 3 years old can be found in this article.
Conditions for assigning additional work
Current legislation states that part-time work can be entrusted to an employee if three conditions are met:
- Availability of open vacancy. The company's staffing table contains a position whose functionality will be performed by a specific specialist;
- Mutual consent of the parties. The employing company and the specialist came to an agreement on new terms of interaction.
- Preparation of documents. A set of personnel documents is required that mediate the combination of positions: an additional agreement to the employment contract, an order, the written consent of a hired specialist.
It is necessary to distinguish between the concepts of combination and part-time work. The first means that the employee performs additional functions during the working day, the second means that the employee’s free time is devoted to these duties.
At the initiative of the employee
An employee has the right to refuse to perform additional job functions for personal reasons. Since the combination does not involve the allocation of additional working hours, the employee may refuse due to deteriorating health, lack of time or for family reasons.
Often the refusal is dictated by the unsatisfactory level of additional payment - its amount is usually established by a local order and is fixed.
According to Art. 60 of the Labor Code of the Russian Federation, an employee is obliged to notify the employer of the early termination of his additional duties three working days in writing.
At the initiative of the employer
This often happens due to the employee’s dishonest performance of his duties or disciplinary violations. The employer does not need to coordinate the removal of multiple positions with the employee
. The legislation only requires issuing an order to terminate the combination from a certain date (Article 60, Part 2 of the Labor Code of the Russian Federation) and notification
. After this, the employee must familiarize himself with the document no later than three working days and put his signature on it.
From the date of cancellation, the employer is not obliged to make additional payments (Article 151 of the Labor Code of the Russian Federation).
