I work as an external part-time worker, can I quit without working for two weeks? What options are there according to the law? | Moscow

Features of dismissal of a part-time worker at his own request

Legislation allows a citizen, in addition to his main job, to get an additional job - either with the same employer or with another employer (Part 2 of Article 282 of the Labor Code of the Russian Federation). In this case, we are talking about part-time work for an employee in his free time from his main job.

Part-time work happens:

• internal – employment in two or more positions in one organization;
• external – employment with several different employers.

When an employee can no longer or does not want to perform additional part-time work, he can at any time express to the employer his desire to terminate this legal relationship. An employee must notify the employer of his intention to resign at least 14 calendar days . This condition is specified in Part 1 of Art. 80 of the Labor Code of the Russian Federation.

This dismissal procedure is provided for both internal and external part-time workers.

An internal part-time worker has the right to terminate any of the employment contracts (resign from both positions). If an internal part-time worker wishes to terminate all employment contracts, he must:

• draw up separate applications for each position;
• complete the required two-week period;
• sign dismissal orders for each of the contracts.

Do I need to work 2 weeks when leaving part-time?

It is the term of the employment contract that influences the dismissal of a part-time employee. Let's look at the issues of dismissing a part-time worker in a little more detail. Dismissal of a part-time employee Grounds for dismissal Dismissal of a part-time employee occurs on the same general basis as the dismissal of the main employee. It does not matter whether the dismissal occurs due to internal or external part-time employment. Just like the main employees, part-time workers who are on sick leave, on vacation, maternity leave, or child care cannot be fired.

Should the standard amount of time worked in this case be 60 hours for a part-time worker? 3. Do I need to pay for overtime? Thank you in advance! According to the general rules, within one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly working time standard (working time standard for another accounting period). Is it possible to work part-time, what do you need to know? When can you do this? Does the law always allow this? Where to start if you want to become a part-time worker? So, before we talk about whether it is possible to work part-time, let’s understand the essence of the concept itself.

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The procedure for dismissing a part-time worker

Dismissal of a part-time worker includes the following steps:

1. Submission by the employee of an application addressed to the employer (in free form).
2. Discussion of the terms of dismissal.
3. Making an order.
4. Placing a mark on the dismissal of a part-time worker in the work book if it is maintained (if the employee wishes, if an entry about admission was made in the book).
5. Submission of a dismissed SZV-TD employee to the Pension Fund (a report is submitted to all dismissed part-time workers, regardless of their choice of method of maintaining a work record book).
6. Calculation of a part-time worker.
7. Providing payments and compensation.

Application for voluntary resignation

To notify the employer, the part-time worker must write a letter of resignation. It can be written by hand or printed using technical means.

In Part 1 of Art. 80 of the Labor Code of the Russian Federation there are no instructions on using a specific form to write an application. Some organizations specifically approve a template for such an application so that the employee can complete it correctly.

The resignation letter for a part-time employee must include:

• wording about the specialist’s intention to resign from his workplace, where he worked part-time;
• date of termination of the employment contract;
• personal signature of the part-time worker;
• date of application.

If the employee does not indicate the date of the last working day in the application, the employment contract with him must be terminated on the last working day of the second week of work.

If an employee needs to resign on a specific day without working, he must indicate the date in the application . For example, this is necessary if there are compelling reasons for dismissal (entry to study, retirement, etc.).

The application is made in 2 copies . Then the employee must submit it to the HR department or directly to the manager.

The employer must accept the document and register it in accordance with the internal regulations of the organization. One copy of the application remains with the employer, the second is given back to the employee with a note of acceptance.

Sometimes an employer may shy away from accepting an application. Then it can be sent by registered mail with acknowledgment of receipt. The notice will be returned to the employee wishing to resign, signed by the employer representative who received the letter. It should be borne in mind that with this option, the countdown of the working period begins only from the day receives the letter.

A part-time employee can submit an application for resignation at his own request while on sick leave or on vacation. In this case, sick leave and vacation days will be included in the working period. are no prohibitions on this topic in the Labor Code, in contrast to the dismissal of an employee at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation).

Dismissal of an internal part-time employee at his own request under all employment contracts occurs with a separate application for each position.

Sample application

Writing the required application is the initial step in the process of dismissing a part-time employee. The application can be completed manually or printed. It may contain:

• wording that makes it clear that the employee wants to leave the workplace;
• indication of the required day of dismissal;
• personal signature of the employee, as well as the day the document was written.

The question of whether a part-time employee’s statement of resignation drawn up in printed form will be accepted quite often. The legislation does not contain a direct prohibition, so many companies have printed templates for such documents designed for execution without errors. Thus, we can say that, according to the law, a handwritten statement has the same meaning as its printed version.

The employee cannot indicate in the document the day of leaving work - if this happens, the employment agreement will be terminated only on the last working day of the second week of the work period. The date is important only when the employee needs to resign on a strictly defined day, if there are significant reasons for this (retirement, admission to university, etc.).

Sample application for voluntary resignation

Working off upon dismissal of one's own free will: is it necessary or not?

When dismissing a part-time employee at his own request, two weeks of work is not always required. By agreement with the employer, the period of service may be reduced . And in some cases, an employee may quit without working off as required by law.

Part-time worker in accordance with Part 3 of Art. 80 of the Labor Code of the Russian Federation can quit without working in the following cases:

• by agreement with the employer;
• in case of enrollment;
• upon retirement in old age;
• the employer violated the norms of the current labor legislation;
• other circumstances due to which the part-time worker can no longer carry out work.

Do I need to work part-time dismissal for 2 weeks?

In case of dismissal, it is not always possible to complete the required two weeks before dismissal. Dismissal without service is permitted in cases specified by law, as well as by agreement with the employer. Dismissal can occur on the same day when the application is submitted at your own request, as well as dismissal within three days by law. Let's consider cases when you can quit your job without having to work for two weeks, and what cases the law considers as valid. when an employee of retirement age resigns; if the employee is enrolled in an educational institution; if the employee moves to another place of residence, to another area; if the employee’s spouse moves to work abroad, or to another place of service; if the employer has violated the terms of the employment contract or current legislation. Labor legislation does not provide an exhaustive list of valid reasons for not working.

Part-time work is paid in accordance with the position held and in proportion to the time worked. It is allowed only when concluding an employment contract. First, the employer must notify such an employee of the upcoming dismissal 2 weeks in advance. The part-time worker must familiarize himself with the notice by signing it.

Order to dismiss a part-time worker

On the last working day of a part-time worker, the employer must issue an order for his dismissal. It is the signing of the order by both parties that confirms the end of the part-time worker’s employment with this employer.

The order can be drawn up according to the unified form No. T-8 or according to an independently developed form.

The order (regardless of the form) must contain the following information:

• name of the employing organization;
• document serial number;
• date of drawing up the order;
• details of the employment contract with a part-time worker (date and number);
• date of dismissal of the part-time worker;
• FULL NAME. and the position of the dismissed employee;
• number on the report card;
• grounds for dismissal (the wording must be specified in strict accordance with clause 3, part 1, article 77 of the Labor Code of the Russian Federation);
• document providing grounds for dismissal (in case of voluntary dismissal, this is a part-time employee’s resignation letter indicating the date of its preparation);
• information about the provision of payments;
• signatures of the head of the organization and part-time worker;
• the date of familiarization of the employee with the order, indicated by him personally;
• signature of the part-time worker confirming familiarization with the order.

Does an external part-time worker have the right to quit without working?

Please note that even if the employment agreement stipulates some conditions for the dismissal of an external part-time worker, such as the fact that he is obliged to submit an application for dismissal strictly one month in advance, otherwise he will not be given all the required payments - still, according to labor law, the employee has 2 weeks to submitting an application before dismissal. How to fire a part-time employee at your own request Part-time work is a type of employment relationship between an employee and an enterprise when a subordinate works at his main job and also moonlights at another. In this case, the positions can be completely different, and accordingly the responsibilities and the amount of working time spent by the employee are also different. A part-time employee is the one who works part-time, even if he is officially registered. His main job is his primary job, his secondary job is already considered a part-time job. Dismissal of a part-time worker may differ in the specifics of the procedure itself from the dismissal of a regular employee. Is it possible without working off? If we are talking about a widespread practice everywhere, work for two weeks after submitting a letter of resignation, then we can safely say that it is legal.

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In practice, the question of whether it is possible to accept a statement typed on a computer from an employee is very relevant. There is no direct prohibition in the law, and many organizations specifically approve printed application templates so that the employee can fill it out correctly. The Constitutional Court, in its ruling dated March 22, 2021 No. 394-О-О, also pointed out the absence in Part 1 of Art. 80 of the Labor Code of the Russian Federation, the obligation to use one or another form of application (stencil, form or handwritten version).

Record of voluntary dismissal in the work book

Recording the dismissal of a part-time worker in the work book is not a mandatory stage of the dismissal procedure. It is paid exclusively at the request of the employee.

To make an entry, a specialist must submit his request to the HR department or accounting department with a corresponding statement.

An entry in the work book is made on the basis of an employment contract (Part 5 of Article 66 of the Labor Code of the Russian Federation). It must correspond to the text of the dismissal order.

The employment record must contain a clarification that it is the part-time employee .

When an internal part-time worker is dismissed, the work book is not returned to him. It is issued to the employee personally on the day of termination of his employment under the main contract (clause 35 of the Rules, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225).

There is no need to certify the record of dismissal of an internal part-time worker . This is only necessary when the main employee is dismissed.

Sample entry in the work book about the dismissal of an internal part-time worker

The procedure for recording the dismissal of an external part-time worker is somewhat complicated by the fact that the work book must be kept at the main place of work (clause 42 of the Rules, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225).

Therefore, the employee (if he wants to make an entry) must contact his employer, where he works on a part-time basis, to issue him a certified copy of the dismissal order, as well as, if necessary, other documents confirming the specialist’s work for this employer (for example, for a certificate of , that he is a part-time worker in this organization, if the entry for a part-time job has not yet been entered into the work book).

Documents must be provided to the employee within 3 days from the date of submission of the application. After receiving the necessary documents, the part-time worker contacts his employer at his main place of work, where an entry is made in his work book about the admission and dismissal of the part-time job.

It is best to contact the employer in writing, although the form of application is not defined by law.

A sample certificate confirming part-time work and a sample application for making a record of part-time work can be downloaded in the article “How to fire a part-time employee: dismissal procedure.”

Sample entry in the work book about the dismissal of an external part-time worker

In 2021, the transition to electronic work books has begun. In this regard, when dismissing an employee who refused to keep a paper work record book and chose the electronic version, the employer on the last working day must provide him with information in the STD-R (Article 66.1 of the Labor Code of the Russian Federation).

If an internal part-time employee chose to keep a paper work book, while simultaneously dismissing him from both his main and part-time positions, the employer gives him a paper work book (Article 66.1 and Part 4 of Article 84.1 of the Labor Code of the Russian Federation).

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A part-time employee should be dismissed on a general basis - the employee must notify the employer 2 full weeks in advance of his decision. It would be wrong to consider this time as working off, because we are not talking about the employee’s service, but about timely notification. Article 80 of the Code stipulates cases in which it is possible to dismiss an employee within 3 days and allow him not to work the specified weeks. This is possible when starting undergraduate studies, entering retirement, moving, or due to illness. The grounds will require documentary evidence for the employer.

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The application is a document initiating the care procedure. This is what allows you to fire a part-time employee. It can be written in any convenient way, from a sample taken at work or on the Internet. The application must be written to the director on behalf of the applicant. It is important to indicate the reason in the text - dismissal at your own request. If there are no grounds for immediate termination of the relationship, then the date may not be specified, because 14 days will automatically be counted from the date of filing the document. If there are grounds, a date is set and the reason for leaving is justified. The document is secured with a signature.

SZV-TD upon dismissal of a part-time worker

The SZV-TD report is filled out upon dismissal of both internal and external time workers, regardless of the choice of method of maintaining a work record book.

The procedure for filling out the SZV-TD form was approved by Resolution of the Pension Fund Board of December 26, 2019 No. 730p.

The form is submitted to the Pension Fund office at the place of registration of the employer as an insurer.

Calculation of a part-time worker upon dismissal

Upon dismissal of a part-time employee, the following mandatory payments are due:

• salary for hours worked;
• compensation for unused vacation;
• other payments provided for in the employment contract, collective agreement or local regulations of the organization.

If an internal part-time worker terminates 2 employment agreements - the main one and a part-time one, payments must be made in full for each . All payments must be made on the day the employee leaves .

In what amount and when is severance pay paid, as well as how to calculate compensation for unused vacation, read the article “How to fire a part-time employee: dismissal procedure.”

Do you need to work two weeks if you work part-time?

1. If a part-time employee (internal external does not matter) quits of his own free will, then the provisions of Art. Does an external part-time worker have to work two weeks if he wants to quit the day after applying?

An order for part-time dismissal is drawn up in form T8-a. Such an order must necessarily contain: An order to dismiss an internal part-time worker is no different from an order to dismiss an external part-time worker - these features are not recorded in the document. Since a part-time worker goes on vacation, like a regular employee, before dismissing an internal part-time worker, it is necessary to calculate compensation for unused vacation days or deductions for overused vacation days.

Documents that are issued to a part-time employee upon dismissal

At the time of termination of the contract, the employer is obliged to issue the following documents to the dismissed part-time worker:

• a copy of the dismissal order;
• salary certificates prepared in the appropriate form;
• extracts from SZV-M and SZV-STAZH;
• work book (if an internal part-time worker quits both the main and additional work);
• STD-R (if the resigning part-time worker refused a paper work book and chose an electronic format);
• other documents - if the employee needs them and directly relates to his work activity in this organization.

Risks of violating the procedure for dismissing an employee

If internal and external part-time workers are improperly dismissed, the following risks are possible:

• bringing the employer to administrative liability - under Part 1 and Part 2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (for example, if an entry about dismissal is incorrectly entered into the work book);
• bringing the employer to administrative liability - under Part 6 and Part 7 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (for example, for non-payment or untimely payment of all amounts due to the employee);
• financial liability – according to Art. 236 of the Labor Code of the Russian Federation (for example, if amounts due to an employee are paid late, the employer may be assigned interest);
• declaring the dismissal illegal with the subsequent reinstatement of the part-time worker with payment of average earnings for forced absence and other costs, including legal costs (for example, if it is proven that the employee was forced to write a letter of resignation).

Results

Each employee has the right to terminate the employment contract on his own initiative. However, not everyone works at one workplace - many work part-time. Labor legislation gives part-time workers the same labor rights and responsibilities as other workers. Therefore, the dismissal of a part-time employee at his own request is generally no different from the dismissal of an employee holding the main position. The part-time worker must notify the employer of voluntary dismissal 2 weeks in advance, but by agreement of the parties the period can be reduced.

Dismissal of an internal part-time worker

An internal part-time worker works at two jobs in the organization at once.

Do not confuse internal part-time work with combination, in which a person performs different duties, but within a single regime.

To carry out such part-time work, it is necessary to have two or more work schedules, two salaries, etc. If the employee leaves his main job, the part-time job ends. The exception is situations when the employer cannot offer part-time work as the main one.

The dismissal of an internal part-time employee can only occur at his own request, and not at the initiative of the employer. This way he will not lose his main job and will be able to continue working under an employment contract.

This case ensures the issuance of guarantees and compensation in full.