Dismissal of a part-time worker at his own request with and without working off. How to properly dismiss a part-time job: legal grounds and registration of the procedure

When answering the question of how to dismiss an external part-time job at the initiative of the employer or an internal part-time job at their own request, as well as any other question regarding the dismissal of a part-time job, it should be borne in mind that the Labor Code of the Russian Federation retains for part-time workers all the same guarantees and compensations as for employees on main job. The exception is guarantees and compensations provided to employees who combine work and study, as well as to persons working in the Far North, since they are provided only at their main place of work (Article 287 of the Labor Code of the Russian Federation).

With this in mind, when dismissing a part-time job, the employer must ensure that the same rights and guarantees of employees are observed that workers in their main job have upon their dismissal.

Order to dismiss an internal part-time job: sample

The form of the order to dismiss an internal part-time job can be developed by the employer independently, or the employer can use the unified form No. T-8 (Resolution of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1). This order must contain all the same details as the order to dismiss the employee for the main job: last name, first name, patronymic of the part-time worker, structural unit and position of the part-time worker, date of dismissal, grounds for termination of the employment contract (according to the Labor Code of the Russian Federation), signature leader. The employee must be familiar with the order against signature. If the employee refuses to familiarize himself with the document against signature, the employer is obliged to make a note about this in the order.

Order on the dismissal of an external part-time worker. Sample

The order to dismiss an external part-time job is issued by the employer in the same form as the order to dismiss an internal part-time job, and must contain all the same details as the order to dismiss an employee in the main job: last name, first name, patronymic of the part-time employee, structural unit and position of a part-time worker, date of dismissal, grounds for termination of the employment contract (according to the Labor Code of the Russian Federation), signature of the head.

An entry in the work book about dismissal from part-time work. Sample

All entries in the work book on the performance of work on a part-time basis are made at the main place of work, and only if the part-time job requires this from the employer (part 5 of article 66 of the Labor Code of the Russian Federation). Entries are made on the basis of documents issued by the employer for whom the employee works part-time (clause 3.1 of the Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69). The section "Information about work" of the work book is filled in by the employer as follows: in column 1 the employer puts down the serial number of the entry, in column 2 the date of dismissal of the employee who worked as a part-time worker is indicated, in column 3 an entry is made about the reason for the dismissal of the part-time worker, in column 4 the employer indicates the name, date and number of the document on the basis of which the entry was made.

Dismissal of a part-time worker at his own request

When answering the question of how to dismiss an external part-time job at your own request or an internal part-time job on the same basis, you must be guided by the general rules of the Labor Code on the procedure for dismissal at the initiative of an employee. A part-time worker (external and internal) has the right to terminate the employment contract on his own initiative (own will), without fail having warned his employer about this. The notification must be made by the part-time partner in writing and no later than two weeks before the termination of the contract (Article 80 of the Labor Code of the Russian Federation). By agreement with the employer, the part-time worker may be dismissed before the expiration of two weeks. When resigning from a part-time position, it is important to take into account that the part-time job may at any time before the expiration of the two-week period withdraw his own resignation letter. If, after two weeks, the employer does not terminate the employment contract with the part-time worker and at the same time the part-time worker does not insist on terminating the employment contract, then the employment contract with the part-time worker will continue.

Dismissal of a part-time worker at the initiative of the employer

To answer the question of how to dismiss an internal part-time job at the initiative of the employer or an external part-time job on the same basis, it is necessary to be guided not only by the general rules of the Labor Code on the termination of an employment contract at the initiative of the employer, but also by special rules relating only to part-time workers.

The legislation establishes a special basis for the dismissal of a part-time job - hiring an employee who will perform the work of a part-time job as the main one (Article 288 of the Labor Code of the Russian Federation). In such situations, the employer is obliged to notify the part-time worker in writing about this, and the notification must be made at least two weeks before the termination of the employment contract.

External and internal part-time workers can be dismissed by the employer on his initiative on grounds similar to those provided for by labor legislation for workers employed in their main job (Article 81 of the Labor Code of the Russian Federation):

  • liquidation of an enterprise or reduction in the number (staff) of employees of an enterprise;
  • discrepancy between the qualifications of the part-time job or the work performed by him (the fact of the lack of qualification is established based on the results of the certification of the part-time job);
  • repeated non-performance by a part-time worker of labor duties or a single gross violation by a part-time worker of his duties, namely absenteeism, appearance at the workplace in alcoholic (drug) intoxication, disclosure by an employee of secrets protected by law and other actions directly recognized by the Labor Code of the Russian Federation as a gross violation of labor duties;
  • commission by a part-time worker of guilty actions that led to a loss of confidence on the part of the employer, if the part-time worker directly serviced monetary or commodity values;
  • other cases expressly provided for by the Labor Code of the Russian Federation (other federal laws).

Procedurally, the dismissal of a part-time employee at the initiative of the employer will not differ in any way from the dismissal of an employee in the main job. The employer under Art. 287 of the Labor Code of the Russian Federation will be obliged to observe with respect to part-time workers all the rights and guarantees provided for laid-off workers employed in their main job.

Part-time work is a labor activity that does not last the whole working day. At the same time, the employee constantly does certain work, but at the same time his main place of work is different.
Part-time work can be internal (both jobs are in the same organization) or external (the main job is in one organization, and part-time in another).

An employee who performs his labor duties part-time is without fail officially registered for work by signing an employment contract with him, which means that part-time dismissal must take place in strict accordance with the provisions of the Labor Code of the Russian Federation.

Dismissal from part-time work may occur due to the following reasons:

  • admission to the position of part-time permanent employee;
  • downsizing;
  • employee initiative;
  • expiration of the employment contract;
  • agreement of the parties;
  • violations of labor discipline, entailing dismissal;
  • other grounds provided for by the Labor Code of the Russian Federation.

Dismissal at the initiative of a part-time worker

The termination of employment relations with a part-time job on his initiative goes about the same as the dismissal of the main employee: the part-time job draws up a letter of resignation, after which the employer puts his resolution on it. After that, a dismissal order is issued.

The part-time worker will have to work out the two weeks established by law, with the exception of the grounds that exempt him from this obligation. In addition, like the main employee, the part-time worker can agree with the authorities to cancel this two-week period or reduce it.

The day of dismissal of a part-time worker cannot be a holiday or a day off, since on the day of dismissal, a calculation must be made with the employee and a work book issued.
If the work book of an external part-time job is located at the place of his main job, he must be asked to provide it against signature, and then take it to the place of dismissal to enter the necessary information into it.

When it comes to the dismissal of an internal part-time job who wants to refuse additional work, but remain in the main position, he needs to notify the employer about this three days before the non-fulfillment of additional duties.

If the employee plans to leave both jobs, terminating the employment relationship with this employer, then he is fired in the general manner. At the same time, two entries are made in the work book: first, information is entered on the main place of work, after which an entry is made regarding part-time work.

Part-time dismissal at the initiative of the employer

A frequent situation of termination of an employment contract with a part-time job is a reduction in the staff of the organization. The procedure for such a dismissal is no different from the dismissal of other employees: 2 months before the moment of dismissal, the employee is informed about the upcoming reduction, an order is issued to change the structure of the organization and staffing. A part-time job, like other employees, should be offered the vacancies available to the employer. He was also guaranteed severance pay. The order of reduction of part-time workers does not have any differences: if a pregnant woman works part-time, she cannot be fired. The same applies to family persons who are considered the sole breadwinners, and other persons established by the Labor Code of the Russian Federation.

The employer may decide to dismiss the part-time worker even if the main employee is found for the position of part-time worker. This can be done even when the employment contract is concluded without specifying the validity period.

As with the main employee, it is possible to terminate an employment contract with a part-time worker for a gross or repeated violation of labor discipline, in particular, for absenteeism. We are talking about a situation where an employee was absent from work all day or more than four hours. In a situation where the working day of a part-time worker has a duration of less than four hours, then it is possible to dismiss him for being absent from the workplace on a certain date. The procedure for dismissal for absenteeism does not differ from the usual one and includes demanding an explanation from a part-time worker.

How to fire a part-time worker at the initiative of the employer , is sometimes of interest to employees of the personnel department who have received the appropriate order from the management. In our material, we will consider the features of the dismissal of part-time workers and the rules for its execution.

Labor Code of the Russian Federation on the dismissal of a part-time employee by decision of the employer

The Labor Code of the Russian Federation contains a number of rules on part-time work and termination of an employment contract with such employees. Analyzing them, you can see that for the most part the process of dismissal of a part-time job does not differ from the dismissal of other categories of workers, although there are still some features.

At the same time, the differences largely depend on the type of combination, that is, on whether it is internal or external. In itself, part-time work is the performance of labor duties by an employee in another position during the time free from the main job. If an employee performs them within the same organization, then such a combination will be considered internal, but if we are talking about different employers - external.

Separately (in Art. 60.2) the Labor Code of the Russian Federation highlights the combination. It should not be confused with part-time work, since labor duties in this case are performed within the framework of working hours in the same organization.

Grounds for dismissal of a part-time job (both external and internal) at the initiative of the employer

As mentioned above, the vast majority of grounds for terminating an employment contract are the same for all employees, including part-time workers. That is, at work at the same timeatemployer-initiated volition possible in the following cases:

  1. Liquidation or termination of the activities of the employer or division located in a locality other than the location of the head office.
  2. State cuts.
  3. Identified by the results of certification of insufficient qualifications of a part-time worker.
  4. Repeated cases of non-performance by a part-time job, if there is an outstanding disciplinary sanction.
  5. A gross single violation by a part-time worker of duties, which are:
    • absenteeism;
    • appearing at work in a state of any kind of intoxication;
    • disclosure of personal data of employees or secrets that became known in connection with their work;
    • committing theft at the place of work;
    • violation of safety regulations that caused or could have caused serious consequences;
    • provision of false documents for employment.
  6. Loss of trust in connection with the commission of guilty actions by a part-time worker.
  7. Providing false information about income, non-settlement of conflicts of interest, etc., if such an obligation is imposed on the part-time worker by law by virtue of his position.
  8. Committing an offense contrary to moral standards, which is incompatible with further work in this position (relevant for teaching staff).

IMPORTANT! If an immoral act or other actions that led to a loss of confidence are not related to the employee’s work, he can be dismissed within a year from the moment such an offense was discovered (part 5 of article 81 of the Labor Code). All disciplinary acts of part-time workers are recorded in the general manner, that is, in the same way as the misconduct of other employees.

Separately, we single out the grounds for the dismissal of chief accountants, managers and deputy heads, which apply, among other things, to persons holding these positions concurrently:

  • change of ownership of the employer's property;
  • adoption of an unreasonable decision that caused the loss or illegal use of the property of the employer or causing harm to him.

The change of ownership of the employer's property does not become the basis for the dismissal of anyone other than the specified categories of employees. However, part-time workers holding other positions have the right to independently make such a decision - in this situation, dismissal will follow on the grounds provided for in paragraph 6 of Art. 77 TK.

IMPORTANT! The only ground for dismissal, which applies exclusively to part-time workers, is given in Art. 288 of the Labor Code of the Russian Federation - hiring an employee for whom the position held by a part-time job will become the main one.

Like other employees, part-time employees cannot quit at the request of the employer if they are on vacation or on sick leave.

Dismissal of an internal part-time worker due to staff reduction or due to insufficient qualifications

Dismissal of an internal part-time worker at the initiative of the employer based on the results of certification or staff reductions, they mostly occur without any special features. They, like other employees (including external part-timers), undergo certification in the manner prescribed by federal and local regulations, and are informed about staff reductions at least 2 months before dismissal. However, they need to extend the provisions of Art. 81 of the Labor Code of the Russian Federation.

Difficulties arise only if the internal part-time worker has not passed certification in the main position. In such a situation, he must first be offered to take as the main position, which he holds part-time (provided that his qualifications correspond to it). Let's consider this situation in detail.

So, if the employee could not confirm his qualifications for the main position, the Labor Code of the Russian Federation obliges the employer to offer him another vacancy, to which it corresponds. If this is the position that the employee is currently holding internally, then he has the right to take it as the main one.

However, in such a situation, there is a certain legal conflict, since the employer cannot offer the employee a place occupied (albeit by him). It seems that for the correct execution of such a dismissal, it is necessary to first terminate the employment contract in combination, dismissing the employee by agreement of the parties or on the basis of Art. 288 of the Labor Code, and conclude a new one - on admission as a main employee.

Dismissal of a part-time worker in connection with the hiring of a new employee

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As the title of Art. 288 of the Labor Code of the Russian Federation, it can be applied exclusively to a part-time job, while there are no restrictions on whether it is internal or external. We are talking about dismissal in connection with the employment of another employee who will hold this position as the main one. For this reason, only a part-time worker who has concluded an open-ended employment contract with the employer is dismissed, while this basis is not applicable to employees under fixed-term contracts.

To comply with the dismissal procedure, it is necessary to inform the part-time worker about the upcoming termination of the employment contract at least 2 weeks in advance. He must work this time, unless otherwise agreed between him and the employer. The law does not give a strict form of notification, but in any case it should contain a reference to Art. 288 of the Labor Code of the Russian Federation, a clear expression of the intention to dismiss the employee and an indication of the date of termination of employment. In order to avoid challenging the fact of informing in court, it is worth drawing up a notice in 2 copies, one of which is transferred to the employee, and the second (with the signature of the dismissed person about familiarization) is kept by the employer.

After that, a dismissal order is drawn up. For convenience, the T-8 form can be used with the obligatory indication of Art. 288 of the Labor Code of the Russian Federation, numbers and dates of the notice of the upcoming break in labor relations.

Note: although dismissal under this article is not considered by the Labor Code as a basis for the payment of severance pay, this form of support for a dismissed employee may be provided for by an employment or collective agreement or other local regulatory act.

The procedure for dismissal of a part-time worker and its features

In general, the procedure for dismissing a part-time job remains the same as for other employees, and consists of 3 main stages:

  1. Fixing the existence of grounds for dismissal (drawing up acts on the discovery of disciplinary offenses, notices of staff reductions or the admission of an employee to this position as the main one, etc.).
  2. Issuing a dismissal order and familiarizing a part-time employee with it.
  3. Making an entry in the work book (at the request of the dismissed person), issuing all documents requested by the employee and making payments due to him.

Talking about how to fire an external part-time worker on the initiative employer, we note that the work book of such an employee remains at the main place of work and is not handed out to make a record of dismissal. Such information is entered into the work book at the request of the employee. To do this, you must submit a document confirming the dismissal to the personnel department at the main place of work.

The procedure for dismissal of an employee by combination

Art. 60.2 of the Labor Code of the Russian Federation provides for the possibility of imposing additional duties on an employee in another profession or position. Such duties are performed by the employee at the same working time as the main ones at the same enterprise. Such activity is called combination and, unlike part-time employment, does not require a separate employment contract - the written consent of the employee and the issuance of the corresponding order by the employer are sufficient.

Both the employer and the employee have the right to terminate the combination by notifying the other party in writing at least 3 days in advance. At the same time, the TC does not oblige the parties to argue such a decision.

Since a separate employment contract is not concluded when combining with an employee, an order to dismiss him is not required if he refuses it (usually an order is drawn up to cancel the combination). If the employee leaves the main place of work, the combination stops automatically.

In conclusion, it remains to be said that, although the termination of an employment contract with an internal part-time job due to a reduction in staff or the results of certification has some peculiarities, and entries in the work book are made exclusively at his request, otherwise the dismissal of part-time workers occurs in the same way as in the case of ordinary employees (i.e., occupying one position).

Tatyana Gezha,
Chief expert-consultant of TLS-PRAVO LLC

In our difficult time, many workers seek to earn extra money and, in addition to their main place of work, 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 work. You can conclude an employment contract with other employers (external part-time work), as well as with the employer for whom the employee is currently working (internal part-time job). At the same time, it must be remembered that the conclusion of employment 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). No one 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
key employees of the company.
Reasons for labor disputes and the procedure for dismissal
An employment contract with a part-time worker 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 carried out without problems. However, in the Labor Code of the Russian Federation there is a basis for terminating an employment contract, which is expressly provided for part-time workers.
This is Art. 288 of the Labor Code of the Russian Federation "Additional grounds for termination of an employment contract with persons working part-time". In cases where a part-time worker who has concluded 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 the 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 notify the part-time worker of 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 familiarize himself with the notice of the upcoming dismissal ().
By drawing up such an act, the employer receives evidence that he has complied with the requirements of Art. 288 of the Labor Code of the Russian Federation and the dismissal was carried out correctly. Violation of the dismissal procedure in relation to a part-time job, as a rule, is the basis for recognizing his dismissal as illegal. This, in turn, will entail the reinstatement of the employee 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, only an employment contract concluded for an indefinite period is possible.
Thus, the Moscow City Court considered case no. 288 of the Labor Code of the Russian Federation from this organization. Employee Z. was accepted into the organization as a dispatcher. She signed a fixed-term contract 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 the work will be the main place of work. Z. refused to sign the notification, as evidenced by the corresponding entry on the notification. The employee was fired.
Resolving the dispute, the court of first instance came to the conclusion that it was illegal to dismiss Z. from his position under Art. 288 of the Labor Code of the Russian Federation, since the dismissal of an employee on the indicated basis is possible only if an employment contract is concluded with him for an indefinite period, while a fixed-term employment contract was concluded with Z., in connection with which the employment contract with her could be terminated only 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 recovered in her favor wages for the time of forced absenteeism and compensation for non-pecuniary damage. The decision of the court of first instance was upheld by the panel of judges.
2. Dismissal of a part-time worker 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. filed a lawsuit against the organization for reinstatement, for the recovery of average earnings for the time of forced absenteeism. M. worked in the organization as a part-time driver under an open-ended 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 accepted to replace M..
This fact was confirmed during the trial. The defendant was unable to provide evidence in the form of an employment contract or an employment order confirming that another employee was hired for the position of driver, for whom this work is the main one. In view of the foregoing, the trial court came to the correct conclusion that M.'s dismissal was unlawful and that he was reinstated at work.
In accordance with Art. 288 of the Labor Code of the Russian Federation, the dismissal of an employee working part-time 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 employee working part-time cannot be fired, otherwise it would mean an unreasonable restriction of the labor rights of persons working part-time.
As a result, the Judicial Board of the Moscow Regional Court in case No. 33-6794 dated March 31, 2011 left the decision of the court of first instance unchanged.
3. If a part-time worker has terminated labor relations with the employer at the main place of work, then part-time work does not become the main one for him. 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 position, as well as the recovery of earnings for the time of forced absenteeism and compensation for non-pecuniary damage. The plaintiff worked part-time in this organization. Having retired from the main place of work under paragraph 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation, she filed an application with 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 changing the status of the job 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 job would be the main one. Employee T. considered her dismissal unlawful, arguing that due to the loss of her main job, she lost the status of a part-time job and at the time the notice of termination of the employment contract was provided to her, she did not have another permanent job. 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 court of first instance correct. By concluding an employment contract on part-time work, the employee acquires an appropriate status under this contract, which does not automatically change due to changes occurring at the main place of work, i.e. if the employee terminated the employment relationship with the employer at the main place of work, then work at part-time work 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 mandatory condition of the employment contract. The terms of the employment contract can only be changed by agreement of the parties and in writing.
4. Cannot be fired under Art. 288 of the Labor Code of the Russian Federation an employee who has a minor child under 3 years old as a dependent.
Employee G. worked part-time in the organization under an employment contract concluded for an indefinite period. She was fired under Art. 288 of the Labor Code of the Russian Federation in connection with the employment of an employee for whom this work is the main one. G. herself considered the dismissal illegal, since the new employee, for whom this work would become the main one, was not 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, because he has a minor child. G. asked to be reinstated at work, to recover wages for forced absenteeism, the amount of compensation for unused vacation that was not paid upon dismissal.
In resolving the dispute, the court of first instance pointed out that G. had a dependent child under the age of three, a son. At the same time, 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 in which there is no fault of the employee, which may also include dismissal on the basis of the provisions of Art. 288 of the Labor Code of the Russian Federation (in 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.
At the same time, it must 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 dismiss an employee on this basis during his temporary incapacity for work or being 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, the new employee, for whom this work is the main one, was not hired. As a result, the Appeal ruling of the Lipetsk Regional Court in case No. 33-2698/2013 dated 09.10.2013 upheld the decision of the district court.

Attachment 1

Sales department manager
Andreev V.V.

NOTICE No. 21 dated September 10, 2015
About the termination of the 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 a part-time basis dated 05/14/2013 No. 16/13 will be terminated on 09/25/2015 in connection with the employment of Inozemtsev A.S., for whom this work will be the main one.

General Director Petrov /P. P. Petrov /

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

Annex 2

Limited Liability Company "Solnyshko"
10.09.2015

№ 54
Moscow

on the employee’s refusal to receive a notice of impending dismissal under signature on September 10, 2015 at 14:20. in office No. 302 (HR department) in the presence of the head of the personnel department L. N. Stepanova, the head of the sales department A. P. Solovyov and the legal adviser A. V. Lukin, the manager of the sales department V. V. Andreev read the notice dated September 10, 2015 No. 21 on the upcoming dismissal in connection with the hiring of an employee Inozemtsev A.S., for whom work as a manager of the sales department will be the main one.
VV Andreev, without explanation, refused to receive his own copy of the notification. He also refused to read this notice under the signature. Head of the Human Resources Department L. N. Stepanov in the presence of V. V. Andreev, Head of the Sales Department
A. P. Solovyova, legal adviser A. V. Lukina read the notification aloud.

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

V. V. Andreev refused to get acquainted with the act. Head of Personnel Department Stepanova /L. N. Stepanova/
Head of Sales Department Solovyov /A. P. Solovyov/
Legal adviser Lukin /A. V. Lukin /


Application for resignation part-time - sample and explanations on how to fill it out can be obtained by the employee from the personnel department of the employing organization. Also, in the material we offer, answers are given to some questions related to the preparation of such a statement.

The procedure and grounds for the dismissal of a part-time worker

An employee working part-time is subject to all the norms of labor legislation and local regulations, an employment contract is concluded with him, as well as with others.

The procedure for dismissing a part-time job also remains the same as for other categories of workers, and includes the following steps:

  1. Drawing up an application (by the employee) or an information letter (by the employer) about the intention to terminate the employment contract.
  2. Layoff notice. The notice period, that is, the length of the working period, depends on the reason for dismissal.
  3. Drawing up a dismissal order, issuing settlement payments, a work book and other documents related to the employee's labor activity.

In case of dismissal of his own free will, the employee must comply with the provisions of Art. 80 of the Labor Code, timely informing the employer in writing of his intention. However, the Labor Code also contains some additions regarding the dismissal of part-time workers.

An employment contract with a part-time worker can be terminated both at the initiative of the employer and by decision of the employee himself. At the same time, for part-timers, Art. 288 provides for an additional reason for dismissal - hiring an employee for whom this position will be the main one. In this case, the employer informs the employee in advance in writing.

NOTE! If an employee performs additional labor functions on a combination basis in accordance with Art. 60.2 of the Labor Code of the Russian Federation, that is, without concluding a separate employment contract, he has the right to refuse it at any time by notifying the employer in writing at least 3 days in advance. At the same time, refusal to combine cannot serve as a basis for dismissal of an employee.

Sample notice of dismissal of a part-time worker

Observing the rule on the advance warning of the employee about the upcoming termination of the employment contract, the employer draws up a notice in free written form. Its sample looks like this:

Notification

In connection with the recruitment of an employee for the position of a merchandiser of Ecotext LLC, for whom this work will be the main one, in accordance with Art. 288 of the Labor Code of the Russian Federation, we inform you that the employment contract No. 51 concluded with you dated February 12, 2016 will be terminated on October 15, 2016.

01.10.2016

Director: (signature) Selivanov P.A.

Part-time dismissal order, sample

The form of the order T-8 on the dismissal of employees was developed in 2004 and is still in use. Its use is also possible in cases of termination of employment contracts with part-time employees.

An employee of the personnel department must fill it out, indicating the following mandatory data:

  • full name of the enterprise;
  • registration number of the order of dismissal;
  • the date of the order;
  • the name of the document is “Order on termination of the employment contract”;
  • date of conclusion and registration number of the terminated contract;
  • date of dismissal of the part-time employee;
  • Full name of the dismissed employee;
  • the name of the structural unit where the employee worked;
  • grounds for termination of the employment contract with an indication of the article of the Labor Code of the Russian Federation;
  • registration data of the document serving as the basis for dismissal.

On the part of the employer, the document is signed by the head of the organization or another authorized person. After drawing up the order, it is mandatory to present it to the employee for review, after which he also signs the document.

Considering that the Labor Code of the Russian Federation provides an additional basis for the dismissal of a part-time worker due to the employment of another person to work as the main one, we will consider a sample order in such a situation:

IMPORTANT! In part 1 of Art. 373 of the Labor Code provides a closed list of grounds for the dismissal of an employee - a member of a trade union, requiring agreement with the trade union body of the employer, and dismissal under Art. 288 TC is not included in this list.

It is worth paying attention to the mandatory written informing of the employee about the upcoming dismissal in connection with the admission of another employee to the position as the main one. This must be done at least 2 weeks before the termination of the employment contract. The date of dismissal and the date of drawing up the order may differ.

Sample letter of resignation for part-time worker

Application for the dismissal of an internal part-time worker

If the internal part-time worker completely terminates the employment relationship with the employer, then the dismissal process takes place in the general manner established by the Labor Code of the Russian Federation. The Labor Code does not provide for the mandatory mention of internal part-time employment in an employee's resignation letter. Consider a sample application for dismissal in accordance with paragraph 5 of Art. 77 of the Labor Code of the Russian Federation (when transferring an employee):

Director of Ecotext LLC

Selivanov P. A.

Pitrenko L. S.

Statement

I ask you to terminate the employment contract concluded with me dated February 12, 2016 No. 51 and dismiss me in the order of transfer from Ecotext LLC to Agroimpeks CJSC on 10/15/2016. I am enclosing a letter of transfer to Agroimpeks CJSC dated 09/30/2016.

01.10.2016

Application for dismissal of an external part-time worker

We will separately consider the option of dismissing an external part-time worker. External are considered part-time workers who perform official duties at another enterprise during their free time from their main job. The work book of such an employee is kept by the main employer, while at the request of the employee, records can be made in it about labor activity and dismissal from part-time work. When such an employee is dismissed, the application must indicate the fact of part-time work.

The statement in this case looks something like this:

Director of Ecotext LLC

Selivanov P. A.

from a regional representative

Pitrenko L. S.

Statement

I ask you to dismiss me of my own free will from my part-time position as a merchandiser on 10/04/2016.

01.10.2016

Signature: (signature) Petrova L.S.

Making entries about dismissal in the work book of a part-time job

The procedure for making entries in the work book is approved by the Decree of the Ministry of Labor “On approval of the Instructions ...” dated 10.10.2003 No. 69. In accordance with it, all entries, including the dismissal of part-time workers, are made at the main place of work.

Please note that entries about part-time work are made at the request of the employee. An employee who plans to make an entry on the termination of an employment contract at a part-time job must take a document from the personnel department confirming the fact of employment and dismissal. The record of dismissal is made subject to the availability of a record of employment.

The procedure provides for an indication in the relevant columns:

  1. Record numbers.
  2. Dates of admission and dismissal.
  3. Marks of part-time employment indicating the position, profession, specialty and qualifications of the employee.
  4. Information about the document - the basis for the record (name, date, number).

Thus, part-time workers are subject to the standard rules for filing a dismissal, including writing an application, drawing up an order to terminate the employment contract and making an entry in the work book.

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