How to properly fire a part-time worker: legal grounds and formalization of the procedure. Dismissal and calculation of a part-time job of their own free will

When dismissing part-time workers, employers need to take into account the specifics of their legal position in labor relations in order to avoid mistakes, violations of labor law requirements and litigation with dismissed employees. In this article we will try to understand the features of the dismissal of part-time workers.

Part-time job- is the performance by the employee of other regular paid work on the terms of the employment contract during his free time from the main job. Moreover, as a general rule, the conclusion of labor contracts for part-time work is allowed with an unlimited number of employers.

In other words, part-time employment is a very common type of additional work, when an employee in his free time works under a second (third, etc.) employment contract concluded with the same or another employer, and receives a second (third, etc.) e.) wages.

SHOULD I fire the co-worker, who becomes the main employee?

Often, an external part-time worker who quit his main job wants to continue labor relations with the employer for whom he worked part-time, already as the main employee.

In such a situation, employers have several legitimate questions at once:

1. Does the external part-time worker, who quit his job, become the main employee for his second employer?

2. If so, is it possible not to terminate the previously concluded employment contract for part-time work, but to amend it related to the recognition of the work as the main one?

Similar questions were repeatedly raised before officials from Rostrud. Answering the first of them, they at one time came to the following conclusion:

In order for the part-time job to become the main one for the employee, it is necessary that the employment contract at the main place of work be terminated, with the appropriate entry in the work book. In this case, the part-time job becomes the main one for the employee, but this does not happen “automatically”. It is necessary to amend the employment contract concluded at a part-time job (for example, that the work is the main one, as well as if the employee's work schedule and other conditions change). […]

In addition, only with the consent of the employee, it is possible to terminate an employment contract for part-time work (for example, by agreement of the parties, at their own request), and then conclude an employment contract with other conditions. In this case, the corresponding entries are made in the employee's work book. Thus, the lawyers of Rostrud justly give a positive answer to the first question, but it is emphasized that any legal action, including changing the terms of the employment contract, requires documentary registration.

The officials answered the second question in two ways. As we can see, it is also permissible to change the previously concluded employment contract for part-time work, and its termination with the subsequent admission of the former part-time job to the main place of work under a new employment contract.

Recently, however, Rostrud specialists increasingly support the latter option. For example, T.M. Zhigastova, Deputy Head of the Office for Supervision and Control over Compliance with Labor Legislation of the Federal Service for Labor and Employment of the Russian Federation, noted in her interview that in a situation where a part-time worker leaves his main job and wants the part-time job to become the main , and his employer does not object to this, in order to exclude violations related to the registration of a work book, it is nevertheless necessary first dismiss this co-worker, and then hire him again, but this time as the main employee in compliance with the procedure established by labor legislation. This approach can be fully supported, since only it allows employers to avoid problems with drawing up the work book of a part-time employee who has changed his status.

Indeed, the transition of an employee from a part-time job to a main job cannot be recognized as a transfer to another job, since neither the labor function of the employee, nor the structural unit in which he works, does not change at the same time. Only the nature and conditions of work are transformed, but these changes by themselves are not recorded in the employee's work book, which prevents them from being correctly reflected in personnel documents. Nevertheless, Rostrud gives recommendations on what entries are possible in the work book in case of re-registration of a part-time job for the main job without dismissal, through an additional agreement to the employment contract.

Extract from the letter of Rostrud dated 22.10.2007 No. 4299-6-1

In the event that the employee's work book did not contain a record of part-time work, then in the employee's work book, after the record of dismissal from the main place of work, the full name of the organization, as well as the abbreviated name of the organization (if any), are indicated in the heading. Then, a record is made on the acceptance of the employee for work from the day of starting work with a specific employer with reference to the corresponding order (order) and indicating the period of work as a part-time worker.

In the event that the employee's work book contains a record of part-time work, entered at the time at the main place of work, then after the record of dismissal from the main place of work and the record of the full, as well as the abbreviated (if any) name of the organization in a work book should be made an entry that from such and such a date the work in the position of such and such has become the main one for this employee. In column 4, a reference is made to the corresponding order (instruction).

THE DISMISSAL OF THE JOINT IN STAFF REDUCTION

The legislator does not exclude the possibility of dismissal of part-time workers to reduce the number or staff of employees of the organization (individual entrepreneur). It is known that one of the guarantees provided to employees dismissed on this basis is severance pay in the amount of their average monthly earnings. Besides, average earnings remain for such employees and for the period of their employment, but not more than two months from the date of dismissal (including severance pay), and in exceptional cases - and within the third month after the day of dismissal (by decision of the employment service body, accepted provided that within two weeks after the dismissal, the employee applied to this body and was not employed by it).

Guarantees and compensations provided for by labor legislation and other regulatory legal acts on labor, collective bargaining agreements, agreements, local regulations are provided to part-time workers in full. The exception is guarantees and compensations for persons combining work with training, as well as for persons working in the Far North and equivalent areas, which are provided only at the main place of work.

As we can see, formally, the law does not include guarantees, the right to which the employee has in case of staff reduction, among those provided only at the main place of work. Therefore, some experts come to the conclusion that the redundant part-time workers are not only paid severance pay, but the average earnings for the period of their employment are also preserved.

However, there is one more position on this issue. In particular, NZ Kovyazina, Deputy Director of the Department of Wages, Labor Protection and Social Partnership of the Ministry of Health and Social Development of Russia, notes the following: severance pay only... Average earnings for the period of employment for the second and third months after dismissal for them not saved because they have a main place of work and are employed. " This position is supported by many other experts.

Analysis of the norms of Art. 178 of the Labor Code of the Russian Federation leads us to the conclusion that the goal of maintaining the average earnings for the dismissed employee for the second and third months after dismissal is his material support for the period of job search. And if a downsized employee finds a job, for example, before the second month after being laid off, then the average earnings will be retained for him and paid only until he starts a new job.

Reduced part-time job at the time of dismissal, as a rule, has main place of work, that is, in fact, he is employed. Therefore, he does not need material support for the period of looking for a new job. Consequently, he usually does not have the right to receive the payment we are considering, which is of a purely targeted nature. But if, by the time of the layoff, the part-time job already lost my main job due to dismissal for any reason, then the average earnings for the period of employment must be retained by the employer for whom he worked part-time.

This means the termination of a fixed-term employment contract with a part-time job on the basis provided for in Art. 288 of the Labor Code of the Russian Federation, will be illegal.

When applying this basis for dismissal, it is important to take into account that the legislator is talking about the employer's right to hire the main employee, that is, about the initial conclusion of an employment contract with him, and not about the internal transfer of another employee to a position previously held by a part-time employee. At the same time, a new employee can be hired for the main job both on a full-time basis and on other conditions (for example, with part-time work or part-time work week).

Unfortunately, employers do not always correctly understand the conditions under which it is possible to apply the grounds for dismissal we are considering, which inevitably leads to labor disputes with part-time workers. Let us give an example from judicial practice showing that a newly hired instead of a part-time worker must do exactly the work that the dismissed part-time worker did earlier.

ARBITRAGE PRACTICE

Resolution of the Presidium of the Moscow City Court dated 10.10.2008 in case No. 44g-391

Citizen F., who worked part-time as an elevator electrician at RU-7, was dismissed in connection with the hiring of an employee in his place, for whom this work became the main one. Citizen F. contested his dismissal, believing that it was unlawful. The Izmaylovskiy District Court of Moscow dismissed F.'s claim, the Judicial Collegium for Civil Cases of the Moscow City Court upheld the decision of the court. But the Presidium of the Moscow City Court canceled these court decisions, stating the following: “In refusing to satisfy the claim for reinstatement at work, the court proceeded from the fact that the defendant presented evidence that F. worked ... part-time, while S. was accepted for main place of work. However, the court did not take into account that a circumstance that is significant for the correct resolution of claims for the reinstatement of persons at work, the employment contract with whom was terminated under Art. 288 of the Labor Code of the Russian Federation, in addition to establishing the fact whether the employee was admitted to the employer at the main place of work, there will also be a circumstance whether the hired employee performs the same work as the part-time employee. F. was hired by the defendant for the position of an electromechanic for elevators of the 6th grade in combination ... whether the employed worker S. has the same job as the part-time worker F., that is, the court did not fully investigate and did not establish all the circumstances relevant to the case, this led to an illegal and unjustified decision ”.

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

Dismissal of a part-time employee of his own free will

Combine job, as an additional type of work, is: internal and external.

• Sample of internal combination can be 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 income, the second is a temporary one. Sometimes, for good reasons, an employee does not have time to fulfill the labor conditions and decides to issue a dismissal of his own free will.

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

Grounds for reduction from a part-time job can be as follows:

1. Own solution.
2. Coordination of the parties.
3. Reduction of the team.
4. If the boss discovered violations in the work of the worker.
5. If in place of a part-time worker, the head has issued a permanent specialist.
6. Expiration of the contract.

The manager makes the deduction of a part-time job according to the rules that are spelled out in Labor Code of the Russian Federation.

Dismissal procedure

How to fire a part-time job of your own free will? Leaving the post on its own initiative involves filling out an application and issuing an order by the employer. You can submit the document two weeks before the desired date of departure. The manager does not have the right to draw up a layoff of an employee if he does not complete 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 resigning person, and the employee will reconsider the firmness of his intentions to leave the company. If the term of work is not spelled out in the employment contract, the employee does not fulfill the due date. If there is a requirement in the contract, the worker can ask the employer to reduce the working hours to a week.

On the last day, the manager calculates the compensation, issues the salary and makes an entry in the workbook of the former employee. If the document on work ability 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 one, the ward writes an application for leaving additional part-time jobs three days before starting his direct duties. If an employee wants to formalize a dismissal of his own free will from his main job and a secondary job, the manager makes an entry in the book about his ability to work, first about leaving the dominant position, then from the additional one.

Should a part-time worker work for 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 spelled out in the Employment Contract and on the basis of article 80... If one of the requirements for dismissal is two weeks' work, the employee must work for this period. If this rule is not followed, 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 submits an application for the renewal of the position, taking into account if the boss has not found a replacement for him.

It's no secret that the dismissal of an employee is not always a pleasant event. In this case, in the event of termination, the interests of both the employee and his employer may be affected. In situations where such interests of the parties are supported by rights defined in the law, it is necessary to strictly adhere to the procedures established by the Labor Code. Otherwise, negative consequences are possible for both the employer and the employee.

Termination of an employment contract with a part-time job has its own legal nuances. This is due to the specific position of such workers and the presence of special rules governing combination of jobs. This article will tell you how to properly conduct a part-time job. A sample order for the removal of part-time jobs is also attached to it.

General grounds for dismissing part-time workers

Like any other employee, a part-time worker, must conscientiously fulfill his labor duties, observe the internal labor regulations, and fulfill other duties stipulated by the code. As with other employees, the employer can take disciplinary action against him, up to and including termination of employment. The latter is possible as in the case of repeated failure to perform duties, drunkenness, truancy, and so on. At the same time, an employment contract with a part-time job can be terminated without the presence of any culpable actions on his part. For example, upon liquidation of an enterprise or in the event that an entrepreneur, his employer ceases to operate. Almost always, part-time dismissal takes place on general grounds and according to the standard procedure. Some of the nuances of the dismissal of a part-time employee for staff reduction will be discussed later in this article.

What the legislation says about part-time work:

Of course, a part-time worker can also quit at his own request. Labor legislation does not provide for special deadlines for informing the employer about the upcoming dismissal. A part-time application is submitted two weeks before the day of dismissal.

Expert opinion

Maria Bogdanova

The dismissal of a part-time worker can be made earlier, if both parties agree on this. There is one nuance here - during the specified two-week period, a person is not required to be at the workplace. He has every right to take sick leave or go on vacation, and the terms of dismissal are not changed or postponed.

All general cases of dismissal of employees applicable to part-time employees are contained in Art. 80, 81 of the Labor Code of the Russian Federation.

Part-time employment is one of the grounds provided by law for concluding a fixed-term employment contract with an employee. An employment contract can be concluded for any period, but not more than five years. Termination of such an agreement will be the basis for the dismissal of the employee.

Please note: Despite the fact that the period for which the employee is accepted is specified in the employment contract, and the document itself must be in the hands of the employee, the employer is obliged to warn about the upcoming dismissal three days in advance. Such notification is made in writing. If this is not done, the contract becomes indefinite.

Special grounds for dismissal of part-time employees

Employees who work on a part-time basis belong to the category of persons for whom the labor legislation provides for special conditions for terminating the contract. In this case, there is only one such basis - the hiring of an employee for whom this work will be the main one. However, here it is necessary to understand that such a basis is not provided for all categories of part-time workers. The law stipulates that the dismissal of an employee working on a part-time basis may only be possible if the contract with him is concluded for an indefinite period.

Please note: Termination of a fixed-term employment contract with a part-time employee when hiring a "main" employee would be a violation of the law.

This is probably one of the few cases in an employment relationship where a contract concluded for a term protects the interests of employees more than an open-ended one. Usually, the legislator tries to minimize the opportunities for employers to formalize fixed-term employment relationships, since they are considered not in the interests of employees.

Here we must not forget that, since this reason is one of the reasons, if the dismissed employee is on vacation or "on sick leave", then they will have to wait for their end in order to terminate the employment contract. Termination of the contract with the employee during these periods is prohibited.

There is one more point that should be paid to the attention of personnel services employees when registering a dismissal on this basis. The hired employee, for whom this job will be the main one, must do the same work as the dismissed one. If the functionality that the newly hired employee will perform differs from the labor functions of a part-time employee, then the dismissal may be recognized as illegal. And the employee with whom the contract was terminated was reinstated by the court. In this case, perhaps, the dismissal of the part-time worker is best done through the reduction procedure. Of course, if there are other necessary grounds for this and strict adherence to the reduction order.

Reduction of a part-time employee

When regulating the procedure for layoffs, the legislator first of all took care of establishing guarantees and compensations for persons who, as a result of layoffs, lose their jobs. All employees, regardless of whether they occupy the main job or work part-time, are provided with the following guarantees:

• timely warning of the upcoming dismissal,
• the right to transfer to a vacant position,
• severance pay,
• payment of average earnings.

If the employer did not provide any of these guarantees, violated the conditions of the order of staff reduction, then this is definitely a hello to the reinstatement of the employee in court. The analysis of judicial practice draws attention to the fact that the judicial authorities, in all cases, check the compliance of the applied procedure for staff reductions with the real intentions of the employer. That is, if, in fact, the employer wants to fire an unwanted employee, but applies a reduction for this, then the dismissal on this basis will be recognized as illegal.

How to properly fire an employee if the company goes bankrupt:

As noted above, part-time workers will retain all the same guarantees and compensations as for workers laid off at their main place of work. However, not all experts agree that all part-time workers are supposed to preserve average earnings after being laid off. If there are no problems with the question of severance pay, then opinions differ.

The crux of the problematic issue is that the abbreviated. And, in the opinion of most experts, he is employed, and, accordingly, does not need further material support (after receiving severance pay). The purpose of the envisaged guarantees of maintaining average earnings is to provide financial support to a citizen during his job search.

Recall that the laid-off employee retains his average earnings for two months, and in some cases up to three months, for the entire period of employment. But since the employee was and remains, employed at the main place of work, then, according to experts, he does not need to find a job. This position is based on an approach as a secondary employment method. Additional, but not necessary. In some cases, you cannot agree with this. This approach is widespread both when there is a reduction in internal part-time and when externally.

What to do in cases when an employee who was previously hired for a part-time position has lost his main job? Is the average salary paid to him. Here, labor relations experts are unanimous. Average earnings should be preserved, since the employee really needs employment, without focusing on whether he is in his main job or part-time.

As already noted earlier, the dismissal of a part-time employee (sometimes the term “removal of part-time jobs is used) is carried out on a general basis and on an additional basis provided for these categories of workers. In this case, an additional basis cannot be applied in the event of a fixed-term employment contract. In this regard, it is of practical importance that when a part-time worker is fired, consideration of the issue of dismissal when hiring a "main" employee is considered. Consider the appropriate termination procedure.

List of articles by which you can fire an employee:

If the employer has planned to replace a part-time employee with an employee who will work in this position, as at the main place of work, and the candidacy of this employee is known, or will be known by a certain date, then the legislation obliges to notify the dismissed employee in advance.

The term for such notification is established by the Labor Code, and cannot be less than two weeks. Like all such events, the employee is notified by handing him a written document. In it, an employee of the personnel department indicates the details of the employment contract with the employee and the day of its termination (or an indication that it will be terminated two weeks after receiving the warning). Such written warning is in any form. It must contain all the details necessary for the document and the signature of the individual entrepreneur or the head of the enterprise (or persons authorized by him).

The order of dismissal indicates the details of the warning and the details of the agreement on the employment of the employee for whom it will be the main one. The dismissed part-time worker must be familiarized with the order to terminate the contract.

Expert opinion

Maria Bogdanova

Over 6 years of experience. Specialization: contract law, labor law, social security law, intellectual property law, civil procedure, protection of the rights of minors, legal psychology

Regardless of the reason for the dismissal, the employee must be calculated on the day of his dismissal. Payments include wages, compensation stipulated by the collective and labor agreement for unused vacation. On the same day, the employee is given a duly completed work book. It is recommended to immediately read the entries made in it, mistakes are common and it is better to correct them on the spot right away. Thus, the monetary compensation for the dismissal of a part-time worker is similar to that given to the main employees.

If an external part-time employee is dismissed, then he needs to be ready to provide data from another employer. Namely: an employment contract and a copy of the order for its conclusion or an extract from it. In addition, it is necessary to request from the personnel department a certificate confirming the combination of jobs. It must be signed by the supervisor.

If there is a dismissal of an internal part-time worker, then an entry about this should also be entered in the work book, the seal and signature of the responsible person is not put. This does not apply to the main position of the employee.

Part-time work is a widespread practice in all areas of business. There is a broad legislative framework on this issue. And yet, in the problems of hiring and firing part-time workers, both employers and part-time workers themselves are often confused.

General concepts

A part-time worker is an employee who works part-time during his free time from the main job. Combining jobs are sometimes confused with combining, in which one employee carries out activities in several different labor positions at his enterprise during his working day (Article 60.2 of the Labor Code of the Russian Federation).

There are two types of combination: internal and external.

An internal part-time job combines main and additional work at the same enterprise.

An external part-time worker is a person who is in a permanent full-time position in one firm and moonlights in a second firm. For such an employee, the main job is at one firm, and the additional occupation is at another.

The main condition for part-time work is the formal arrangement of an individual, both in the main and in the additional job.

Grounds for dismissing a part-time employee

All reasons for the dismissal of a part-time worker are logically divided into two unequal parts:

1. Common grounds.
2. Special grounds exclusively for part-time employees.

A citizen with a part-time job has the same rights as an employee working on the main state. For many positions, there is no difference in the grounds for dismissing a part-time employee and a permanent employee.

Thus, the general grounds for dismissal are:

• the employee's own desire (his personal initiative);
• employer's initiative (Article 81 of the Labor Code of the Russian Federation);
• joint agreement between employee and employer.

Dismissal of your own free will

The procedure for passing such a dismissal is carried out in the same way as for an employee who works on a permanent basis. In this situation, the employee submits an application, the manager agrees with him, putting the appropriate resolution, a dismissal order is issued. When it is impossible to agree with the authorities about early departure, such a dismissal on their own initiative obliges you to work out the prescribed two weeks. There is a small nuance for an external part-time worker. If he wants to record his part-time dismissal in a work book, then he must first take it at the place of his main job in order to take the book for recording the dismissal.

If the internal part-time worker wants to leave the additional job, but at the same time remain on the main one, he must notify the employer of his intention three days before the date of leaving.

An application for a part-time employee for dismissal of his own free will is submitted at least three days before the date of the proposed dismissal

Certain difficulties also arise if a part-time worker wants to leave simultaneously with the main and additional work. In this situation, the dismissal takes place in the usual way, but in the work book, the departure from the main job is first recorded, and below is the record of the dismissal from the additional job.

Dismissal initiated by the employer

The main reasons for dismissal in this situation are:

• Reduction of staff (Article 81. 1);
• Liquidation of an enterprise (Art. 81.2);
• Gross disciplinary offense (Article 81.6).
• Inconsistency of the position held in terms of qualifications (Article 81.3);
• Withholding of income or conflict of interest (Art. 81. 7. 1);
• Committing immoral offenses Art. 81.8);
• Providing forged documents when applying for a job (Article 81.11);
• Arrival of a new owner (Article 81.4). Applies only to part-time chief accountants and managers;
• Making decisions due to which the property of the company disappears or is harmed (Article 81.9). Applies exclusively to chief accountants and managers.

All of the above grounds apply equally to both a part-time employee and a full-time employee. Although in the event of dismissal due to non-qualification, according to the results of the certification commission, some special conflict may arise. Let's admit the occurrence of such a rather ordinary situation when an employee has not passed certification for his main job and at the same time claims to this place as an internal part-time worker. Then, in order to take this position, this employee is first obliged to resign from the part-time job on personal initiative, by agreement of the parties or under Art. 288 of the Labor Code of the Russian Federation, and after that re-enter work already in the role of a full-time employee.

Dismissal by agreement of the parties

With this option for dismissal, the general procedure for terminating the contract applies. The difference with the dismissal of a full-time employee is only in the fact that here, in the order and the entry in the work book, it is necessary to mention in the reference to the reason that it is the part-time employee who is being dismissed.

In this case, the entry in the work book will look like this:

Dismissed from a part-time job by agreement of the parties, paragraph 1 of part 1 of article 77 of the Labor Code of the Russian Federation.

Special grounds for dismissal

In the Labor Code of the Russian Federation, there is only one ground for dismissal, intended exclusively for a part-time job (Article 288). This clause applies in the case of hiring a job performed by a part-time, full-time employee.

If such a situation arises, only a part-time worker who has entered into an open-ended employment contract with his employer is subject to dismissal. Art. 288 may not apply to fixed-term personnel.

The employee must be informed in advance of the intention to dismiss under Article 288. The notice is sent at least two weeks before the planned dismissal.

The document is drawn up in two copies. One of them, signed by the outgoing part-time worker, remains at the enterprise, and the other is transferred to the employee. At the end of the two-week period, a resignation order is drawn up. It is drawn up on a standard T-8 form, with the indispensable fixation as the reason for the dismissal of Art. 288.

It should be noted that the law does not provide for the payment of a part-time worker dismissed under this article, no severance pay. However, it is not forbidden to enter the payment of benefits into an employment contract with a part-time job.

The procedure for dismissing a part-time employee

The procedure for terminating an employment relationship with a part-time job is basically the same as the general procedure for dismissal. The entire dismissal process can be divided into the following stages:

1. Preparation of documents that are the basis for dismissal.
2. Employee notification and order issuance.
3. Recording in the work book.
4. Estimated payments.

Preparation of documents justifying dismissal

These documents include:

• acts of disciplinary violations;
• notification of the impending reduction of staff;
• message about the upcoming liquidation of the enterprise;
• an order to hire a permanent employee instead of a part-time employee;
• other information, acts and messages.

Notice and publication of the order of dismissal

The nature of the notification of a part-time employee about the termination of an employment contract with him depends on the grounds for dismissal. If an employee leaves on a general basis (of his own free will, by agreement of the parties, due to a disciplinary offense, and so on), then the notice of the upcoming dismissal is drawn up according to the general rules regulated in Art. 77 of the Labor Code of the Russian Federation.

It's another matter if an employee leaves as a result of hiring a permanent full-time employee in his place (Article 288 of the Labor Code of the Russian Federation). In this case, it is necessary to notify the part-time worker two weeks before the dismissal. The notice is drawn up in writing and handed to the employee against receipt.

The notice of dismissal is presented to the part-time employee at least three days before the date of the upcoming dismissal

The grounds for dismissal must be indicated here, as well as the full name of the enterprise, its details, the full name of the employee without abbreviations.

The dismissal order is drawn up on a unified form T-8. In this case, it does not matter what kind of part-time job takes place - internal or external. For any method of part-time job, the order must contain the following elements:

• Full name of the employee working part-time;
• Position, category, category of part-time worker;
• Personnel number of the employee;
• Date of dismissal;
• Grounds for dismissal with a mandatory reference to the article of the Labor Code;
• Brief description of payments and deductions made;
• Manager's signature;
• The signature of the part-time worker on reading the order.

An order to terminate an employment contract with a part-time employee is drawn up in the same way as when permanent employees are dismissed on a unified form T-8

Employment book entry

Nothing obliges the employee to enter information about his production experience as a part-time worker in the work book (Article 66 of the Labor Code of the Russian Federation). Quite often, an employee needs records of part-time jobs in order to show his work experience in a specific position. Such records are made only at the request of the part-time worker himself. If the record of dismissal from the main job is necessarily entered in the work book on the day the corresponding order is issued, then in the event of the dismissal of a part-time employee, there is no need to talk about the timing of the entry.

If he is an internal part-time worker, then the entry of such a record is not difficult and can be carried out at his request on the day of dismissal from the part-time job.

If he works part-time at another enterprise, then in order to make an entry in the book located at the main place of work, you must first apply to this other enterprise with a request to provide a certified copy of the dismissal order and, if necessary, other documents confirming his part-time work.

The company where the part-time worker worked is obliged to issue him a certificate within three days from the date of submission of the application.

The company in which he worked part-time, in this case, is obliged to issue him the requested documents within three days from the date of the application. After receiving such documents confirming the fact of dismissal, the employee applies to his main place of work, where an entry is made in his work book in the personnel department. At the same time, the law does not regulate the way of contacting the organization with a request to make an entry in the work book. Of course, it's easier to express your desire in words. However, such an oral appeal may, in general, not be responded to or delayed with a response. Therefore, lawyers recommend applying for a record in writing.

It is preferable to submit such a statement in writing.

The second option provides for the temporary transfer of the book from the place of main work and the registration of an entry at the company where the employee is listed as a part-time worker. Both variants of such an operation require some time and it is rather problematic to carry them out on the same day with the issuance of a dismissal order.

The recording itself is made in the same way as recording the dismissal of an employee from the main place of work. In this case, it is imperative to write the grounds for dismissal and indicate that the work was carried out part-time.

Final payment with a part-time job

If the time for making an entry in the work book of a part-time worker can be somehow extended, then there should be no delay with respect to the issuance of payments and compensations due to him. All due amounts must be paid strictly on the day of termination of the employment contract with him (Article 140 of the Labor Code of the Russian Federation).

Such payments, as in the case of full-time employees, include:

1. Salary for the days worked in the last month.
2. Compensation for unused vacation.

And also, in addition to the estimated payments, the part-time worker on the day of dismissal is supposed to hand over an order of dismissal and certificates of income. In addition to these mandatory documents, the employee may be issued, at his request, and other documents confirming his part-time work experience: job transfers, gratitude, bonuses, and so on.

It should be noted that a delay in due payments may lead the employer to impose penalties on him in the form of interest for each day of delay (Article 236 of the Labor Code of the Russian Federation).

Firing a part-time job is not as easy as it seems at first glance. The procedure for terminating an employment contract with part-time workers is strictly regulated by law. It requires careful study and a serious approach.

Tatiana Gezha,
Chief expert-consultant of LLC "TLS-PRAVO"

In our difficult times, many workers seek to earn extra money and, in addition to their main job, get a part-time job.

In accordance with Art. 60.1 of the Labor Code of the Russian Federation, employees have the right to conclude employment contracts for the performance of other work in their free time from their main job. You can conclude an employment contract with other employers (external part-time job), as well as with the employer for whom the employee is currently working (internal part-time job). It should be remembered that the conclusion of labor contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law (part 2 of article 282 of the Labor Code of the Russian Federation). Nobody has the right to check or restrict an employee. Part-time workers have all the rights and obligations that are provided for by the Labor Code of the Russian Federation for
the main employees of the enterprise.
Reasons for labor disputes and the procedure for dismissal
An employment contract with a part-time employee is terminated on the same grounds that are provided for by the Labor Code of the Russian Federation for the main employee. As a rule, termination of an employment contract on general grounds is done without problems. However, in the Labor Code of the Russian Federation there is a reason for terminating an employment contract, which is directly provided for part-time workers.
This is Art. 288 of the Labor Code of the Russian Federation "Additional grounds for terminating an employment contract with persons working part-time." In cases where a part-time worker who has entered into an employment contract with an organization for an indefinite period is dismissed in accordance with Art. 288 of the Labor Code of the Russian Federation for the sake of hiring an employee for whom this work will be the main one, labor disputes in practice arise quite often.
In order to dismiss a part-time worker on this basis, it is necessary to strictly follow the procedure for terminating an employment contract in accordance with Art. 288 of the Labor Code of the Russian Federation. First of all, the employer, no later than two weeks before the termination of the employment contract, must warn the part-time employee about the intention to terminate the employment contract with him ().
If the employee refuses to read the notice of the upcoming dismissal, the employer will need to draw up an act on the employee's refusal to read the notice of the upcoming dismissal ().
Having drawn up such an act, the employer receives proof that he has fulfilled the requirements of Art. 288 of the Labor Code of the Russian Federation and the dismissal was carried out correctly. Violation of the same procedure for dismissal in relation to a part-time worker, as a rule, is the basis for recognizing his dismissal as illegal. This, in turn, will entail the worker's reinstatement at work. This is confirmed by a large number of labor disputes on this basis.
Arbitrage practice
1. Terminate under Art. 288 of the Labor Code of the Russian Federation can only be an employment contract concluded for an indefinite period.
Thus, the Moscow City Court considered case No. 33-7266 based on the organization's complaint against an earlier court decision declaring the dismissal of employee Z. unlawful under Art. 288 of the Labor Code of the Russian Federation from this organization. Employee Z. was admitted to the organization as a dispatcher. A fixed-term employment contract was concluded with her for a period of one year. After 5 months, the employee was notified of the upcoming dismissal under Art. 288 of the Labor Code of the Russian Federation in connection with the provision of her position to an employee for whom work will be the main place of work. Z. refused to sign in the notification, as evidenced by the corresponding entry on the notification. The employee was fired.
Resolving the dispute, the court of first instance concluded that Z.'s dismissal from his post was unlawful under Art. 288 of the Labor Code of the Russian Federation, since the dismissal of an employee on this basis is possible only if an employment contract with him is concluded for an indefinite period, while a fixed-term employment contract was concluded with Z., in connection with which the employment contract with her could only be terminated on general grounds, provided for by the Labor Code of the Russian Federation, and she could not be dismissed under Art. 288 of the Labor Code of the Russian Federation.
Since the dismissal of Z. is illegal, the court of first instance on the basis of Art. Art. 234, 237 of the Labor Code of the Russian Federation reasonably collected in her favor wages for the time of forced absence and compensation for moral damage. The decision of the first instance court was upheld by the panel of judges.
2. Dismissal of a part-time employee under Art. 288 of the Labor Code of the Russian Federation is possible only in the case of mandatory employment of an employee for whom this work will be the main one.
M. applied to the court with a claim against the organization for reinstatement at work, for the recovery of average earnings during the forced absence from work. M. worked in the organization as a part-time driver under an indefinite employment contract. He was dismissed from the organization in accordance with Art. 288 of the Labor Code of the Russian Federation, having previously received a notice of termination of the employment contract in connection with the hiring of an employee for whom the work will be the main one. However, no one was admitted to M.'s place.
This fact was confirmed during the trial. The defendant was unable to provide evidence in the form of an employment contract or an order for employment, confirming that another employee was hired for the position of a driver, for whom this work is the main one. Considering the above, the trial court came to the correct conclusion about the illegality of M.'s dismissal and about his reinstatement at work.
In the order of Art. 288 of the Labor Code of the Russian Federation, the dismissal of a part-time employee is carried out only in the case of mandatory employment of an employee for whom this work will be the main one. Consequently, in the absence of hiring an employee for whom this work will be the main one, the dismissal of a part-time employee cannot be made, otherwise it would mean an unreasonable restriction of the labor rights of persons working on a part-time basis.
As a result, the panel of judges of the Moscow Regional Court in case No. 33-6794 of 03/31/2011 upheld the decision of the court of first instance unchanged.
3. If a part-time worker has terminated his employment relationship with an employer at his main place of work, then part-time work does not become his main job. Thus, the appeal ruling of the Saratov Regional Court in case No. 33-1271 upheld the decision of the district court. Employee T. filed a lawsuit against the organization for reinstatement in her job, as well as for the recovery of earnings during the forced absence and compensation for moral damage. The plaintiff worked part-time in this organization. Having resigned from the main place of work under clause 3 h. 1 of Art. 77 of the Labor Code of the Russian Federation, she submitted an application to the personnel department that she had lost her main place of work and asked to resolve the issue of changing the status of part-time work to work at her main place of work.
However, the application for a change in the status of the work was returned to her and at the same time she was given a notice that the employee would be fired in connection with the hiring of an employee for whom this work would be the main one. Employee T. considered her dismissal unlawful, arguing that due to the loss of her main job, she had lost her part-time status and had no other permanent job at the time she was notified of the termination of the employment contract. In her opinion, the employer in this case did not have the right to apply Art. 288 of the Labor Code of the Russian Federation.
Resolving the dispute, the panel of judges found the conclusions of the first instance court correct. By concluding a part-time employment contract, the employee acquires an appropriate status under this contract, which does not automatically change due to changes occurring at the main place of work, that is, if the employee terminated labor relations with the employer at the main place of work, then work at part-time does not become the main one for him.
This conclusion follows from the content of Part 4 of Art. 282 of the Labor Code of the Russian Federation, according to which the condition of part-time work is a prerequisite for an employment contract. The terms of the employment contract can only be changed by agreement of the parties and in writing.
4. You cannot be dismissed under Art. 288 of the Labor Code of the Russian Federation, an employee who has a dependent child under 3 years of age.
Employee G. worked in an organization part-time under an employment contract concluded for an indefinite period. She was dismissed under Art. 288 of the Labor Code of the Russian Federation in connection with the hiring of an employee for whom this work is the main one. G. herself considered the dismissal to be illegal, since the new employee, for whom this job would have become the main one, had not been hired at the time of G.'s dismissal.
In addition, she could not be dismissed by virtue of the provisions of Art. 261 of the Labor Code of the Russian Federation, since he has a minor child. G. asked to reinstate her at work, to collect wages for forced absenteeism, the amount of compensation for unused vacation that was not paid when she was dismissed.
In resolving the dispute, the court of first instance indicated that G. had a dependent child who had not reached the age of three - a son. Moreover, the provisions
Art. 261 of the Labor Code of the Russian Federation prohibit the dismissal of women with children under the age of 3 years at the initiative of the employer only on grounds that are not the employee's fault, which can also include dismissal on the basis of the provisions of Art. 288 of the Labor Code of the Russian Federation (in the case of hiring an employee for whom this work will be the main one). G.'s dismissal cannot be recognized as legal, and she is subject to reinstatement at work on a part-time basis.
It should also be remembered that the termination of an employment contract in accordance with Art. 288 of the Labor Code of the Russian Federation refers to dismissal at the initiative of the employer, therefore it is forbidden to fire an employee on this basis during the period of his temporary disability or while on vacation (part 6 of article 81 of the Labor Code of the Russian Federation). In addition, the court analyzed the documents submitted by the defendant and came to the rightful conclusion that at the time of the dismissal of the plaintiff, in fact, a new employee, for whom this work is the main one, was not hired. As a result, the decision of the Lipetsk Regional Court of Appeal in case No. 33-2698 / 2013 dated 09.10.2013 upheld the decision of the district court.

Annex 1

Sales manager
Andreev V.V.

NOTICE dated 09/10/2015 No. 21
Termination of an employment contract

Dear Vadim Viktorovich!

In accordance with Art. 288 of the Labor Code of the Russian Federation, we notify you that the employment contract concluded with you on the basis of part-time employment of 05/14/2013 No. 16/13 will be terminated on 09/25/2015 in connection with the employment of A. S. Inozemtsev, for whom this work will be the main one.

General Director Petrov / P. P. Petrov /

Acquainted with the notification: manager Andreev / V. V. Andreev /

Appendix 2

Limited Liability Company "Solnyshko"
10.09.2015

№ 54
Moscow

on the employee's refusal to receive a signature on the upcoming dismissal on 09/10/2015 at 14 h. 20 min. in office number 302 (office of the personnel department) in the presence of the head of the personnel department L.N. Stepanova, head of the sales department A.P. Soloviev and legal adviser A.V. Lukin, the manager of the sales department V.V. Andreev (part-time) was offered familiarize yourself with the notification dated 09/10/2015 No. 21 about the upcoming dismissal in connection with the hiring of an employee A. S. Inozemtsev, for whom the job as a sales manager will be the main one.
V.V. Andreev, without explaining the reasons, refused to receive his own copy of the notification. He also refused to familiarize himself with this notice for signature. Head of HR Department L. N. Stepanova in the presence of V. V. Andreev, head of sales department
A.P. Solovyov, legal adviser A.V. Lukin read the notice aloud.

Head of HR Department Stepanova / L. N. Stepanova /

V.V. Andreev refused to familiarize himself with the act. Head of HR Department Stepanova / L. N. Stepanova /
Head of sales department Soloviev / A. P. Soloviev /
Legal Counsel Lukin / A. V. Lukin /