The procedure for dismissing a part-time worker at his own request

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

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

Part-time work happens:

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

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

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

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

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

General concepts

A part-time employment contract is a very common type of employment relationship. It can be concluded by both an ordinary employee and the general director, but there are a number of restrictions. Part-time work is the process of a contractor performing additional work in addition to the main one. This secondary work is also paid on the basis of an employment contract and is carried out in free time from the main work activity.

There are two types of part-time jobs:

• external;
• internal.

The right of individuals to work part-time is regulated by the Labor Code. Internal part-time work involves holding various positions by an employee within one organization, but such additional work should not coincide in time with the main one.

For example, the main work schedule of a plumber at an enterprise is from 9:00 to 15:00. After this time has ended, the person begins to perform the duties of a goods receiver from 22:00 to 24:00. Performing the function of a receiver is precisely a part-time job. The appearance of part-time work also means performing additional work, but at a different enterprise.

Thus, part-time work is hiring an employee to perform some kind of work in his free time from his main job. It is paid according to the hours worked and the position held, after the conclusion of the employment agreement.

Employment nuances

There are no restrictions on hiring part-time jobs. An individual can get such a job at several enterprises at once, but with the proviso that he has a main place of work. If a person does not have one, then it will be illegal to employ him in a vacant position.

The hiring process is the same as for hiring a primary job position. To conclude an employment agreement, the part-time worker provides the employer or his representative with an identification document, and, if necessary, a document on education, health status, recommendations and other certificates, in accordance with the Labor Code. The work book is not presented in this case, since according to the same code it must be in the personnel department at the main place of work.

An employment contract is concluded in accordance with an order or regulation, which specifies the position and terms of payment. After this, the employee can begin to perform his duties. It is important to note that the part-time worker and the employer will not need permission from the manager from the main place of work when concluding such an agreement.

When hiring an employee as a part-time employee, it is advisable to include in the package of documents a certificate received by him from his main place of work, confirming that he has it. Since if an employee is fired from his main job, it will become the basis for his dismissal from his part-time job and his acceptance into it as his main job.

Limitation of activities

An agreement concluded with a part-time partner may be fixed-term or indefinite. In addition to the fact that the person being accepted must have a main job, there are a number of restrictions. Such prohibitions or restrictions are specified in a number of laws and regulations. The following persons fall under them :

• minors;
• those employed in jobs associated with dangerous and harmful working conditions;
• managers of enterprises, institutions, organizations, as well as their deputies (except for workers in scientific, medical and creative activities);
• drivers of motor vehicles;
• deputies.

The length of working time for civil servants is regulated by the Resolution, which states that it cannot be more than four hours a day and exceed a full working day on a day off. In this case, the total working time should not exceed more than half of the monthly standard of basic time.

In addition to mandatory restrictions, there are optional ones, that is, those that are established by the employer. These restrictions are provided for in an employment or collective agreement and depend on the wishes of the employer, and in the case of the second type of agreement, the opinion of the trade union.

Part-time or combination

These two concepts are different and need to be distinguished.
The combination differs primarily in that the employee performs additional tasks assigned to him during his main production time. That is, he is not exempt from his main job. This activity may consist of performing the tasks of another profession or position of another employee. Thus, an important difference is that combining a position occurs during main working hours, and part-time work occurs at different times. In the first case, a separate employment agreement is not concluded , but only the written consent of the performer is required, and no entry is made in the work book. Termination of a combination if the employee refuses to perform the additional scope of tasks assigned to him or the employer cancels the assignment is regulated by the Labor Code. While part-time work is terminated by termination of the employment contract.

For the combination, the executor receives remuneration according to the agreement between him and the guarantor. The type of remuneration is not specified at the legislative level and is determined only by the agreement reached. For comparison: part-time work implies a clearly defined monetary component that the employee will have to receive. For example, a bet with some odds.

The combination is drawn up in the form of an additional agreement to the main agreement and it states:

• nature of the combination (position, profession);
• a list that includes the content of additional work;
• timing of combination;
• amount of additional remuneration.

The procedure for dismissing a part-time worker

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

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

When a part-time worker cannot be fired

You cannot fire an employee working part-time if a fixed-term employment contract has been concluded with him. In this case, it can be calculated only after the expiration of the contract.

Also controversial is the issue of dismissal of a part-time pregnant woman, a woman with a young child, a single mother and other employees listed in Part 4 of Art. 261 Labor Code of the Russian Federation. More information about the dismissal of a part-time worker who has a child under 3 years old can be found in this article.

Application for voluntary resignation

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

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

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

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

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

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

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

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

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

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

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

Application deadlines

The application is sent to the employer two weeks (or taking into account another period of work) before the expected date of dismissal. The countdown begins the next day after the enterprise accepts the paper.

The work periods specified in the Labor Code of the Russian Federation are valid for external and internal part-time workers:

• 2 weeks - standard, used in most cases (Article 80 of the Labor Code of the Russian Federation).
• 3 days - during a probationary period (Article 71 of the Labor Code).
• 3 days - for seasonal employment (Article 296 of the Labor Code).
• 3 days - for a fixed-term contract with a validity period of up to 2 months (Article 292 of the Labor Code).
• 1 month — for the heads of the organization (Article 280 of the Labor Code).
• 1 month — for coaches and athletes with a contract valid for more than 4 months. In this case, it is possible to increase the period (Article 348.12).

Article 280 of the Labor Code of the Russian Federation. Early termination of an employment contract at the initiative of the head of the organization

The head of the organization has the right to terminate the employment contract early by notifying the employer (the owner of the organization's property, his representative) in writing no later than one month in advance.

If a part-time worker quits without working, the application is submitted at any time before the date of dismissal (by agreement with the employer).

You can submit a document:

• personally to the manager;
• through the personnel service, office, secretary or other authorized person;
• by mail - registered mail with an inventory of the contents and notification of delivery.

It is recommended to obtain confirmation of acceptance of the application by the employer: a copy of the paper with an acceptance mark, registration number, notification of delivery.

When sending a document by mail, it should be taken into account that the working period is counted from the next day after the employer receives the postal item. In this case, it is inappropriate to indicate the date of dismissal in the application.

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

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

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

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

Order to dismiss a part-time worker

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

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

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

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

Violation of labor discipline as grounds for dismissal

This reason refers to the general grounds for terminating an employment contract with a part-time worker. It is permissible to part with an employee if, for example, he systematically fails to fulfill his job duties, does not show up for work, or is at work in a state of alcohol, drug or toxic intoxication.

The procedure for dismissing a part-time employee for absenteeism is similar to the procedure for dismissing main employees. The only difference is the location of the work book, as stated earlier. Therefore, the main employer will record the dismissal. However, the employer organization will have to provide evidence of such a violation.

How should a violation of labor discipline be recorded in the event of absenteeism of a part-time worker:

• determine the reason for absence from work;
• draw up a memo (this is the responsibility of the employee’s immediate supervisor), on the basis of which an act of absence from work will be drawn up (drawn up by a commission consisting of at least 2 members);
• request an explanatory note from the violator if he appears at the workplace in the future. The employer should pay attention here that if absenteeism occurred for a good reason, the employee should be required to provide evidence. This may be a certificate from a medical institution or from the traffic police in the event of an accident. If, as a result, the violator cannot document his absence from the workplace, then dismissal follows. The procedure must be carried out immediately, since the legislation specifies specific deadlines for bringing the violator to disciplinary liability.

Record of voluntary dismissal in the work book

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

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

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

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

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

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

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

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

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

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

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

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

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

In 2022, the transition to electronic work books began. In this regard, when dismissing an employee who refused to keep a paper work record book and chose the electronic version, the employer on the last working day must provide him with information in the STD-R (Article 66.1 of the Labor Code of the Russian Federation).

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

Termination of employment relations with an internal part-time worker on his initiative

Dismissal of an internal part-time worker at his own request also requires filing an application 2 weeks before the end of the part-time job. How to fire a part-time employee at your own request? In this case, there are options that affect the dismissal procedure:

1. dismissal from the main position, with termination of the combination;
2. termination of an employment contract providing for combination, but preservation of the main job.

In the first case, both employment contracts are terminated, which completely deprives the employee of the right to subsequently work at this enterprise. Dismissal occurs in the standard mode provided for the dismissal of key employees, but both in the application and in the rest of the documentation, it is required to reflect the termination of both contracts.

At the discretion of the parties, an agreement may be drawn up here. The agreement also provides for the conditions for the employee’s dismissal from both positions.

At the same time, the basic conditions for terminating a person’s labor activity and the amount of the provided payments are formulated in separate paragraphs.

If the main place of work remains, then there is no point in drawing up an agreement, since its relevance is quite doubtful. But at the discretion of the parties, it can be drawn up, and subsequently the procedure should be guided by the provisions certified by the parties.

Dismissal is accompanied by the preparation of documentation:

1. 
   a statement from the resigning employee, certified by the employer. A sample application for resignation of a part-time employee at his own request can be obtained from the HR department.

2. An order to dismiss a part-time worker at his own request, based on the accompanying circumstances of the precedent. If an employee quits completely, two contracts are terminated. This legal fact is reflected in two separate paragraphs of the order.
3. The person leaving puts his personal signature on the order when reading it.
4. In case of simultaneous dismissal from a permanent position, a work book is filled out. An entry on the termination of the employment relationship under a part-time agreement is made if an entry on part-time work was previously made.
5. At the employee’s request, copies of the documents used to formalize the combination are issued.

Severance pay is accrued cumulatively upon termination of two contracts. If the main place of work is retained, then payments are accrued only for part-time work. The calculation rules are also guided by Article 139 of the Labor Code of the Russian Federation.

In addition to earnings for the period preceding dismissal, it includes accruals for days associated with vacation. If in the main position an employee took his allotted vacation, but additional days were not accrued to him due to the combination, they should be timed to coincide with the payment of severance pay.

When calculating the amount of severance pay for part-time work and compensation for vacation, the basic average daily wage is applied , which is taken for the last year or from the moment of registration for work until the moment of dismissal.

Just as in the previous case, it is required to withhold tax in the amount of 13% of the accrual. Allocate a proportionate amount to the Pension and Insurance Funds of the Russian Federation.

ATTENTION: The work book, as well as severance pay, is issued on the last working day, which is considered the day of dismissal.

Watch the video on the topic:

SZV-TD upon dismissal of a part-time worker

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

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

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

Calculation of a part-time worker upon dismissal

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

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

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

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

Allowed compensation

An employee working part-time is entitled to annual leave, despite the fact that he performs his duties only at half the rate.
This is indicated in the Labor Code. In this regard, upon dismissal of such an employee, compensation should be calculated for those days off that he did not use for some reason. If he rested more days than he was entitled to at the end of the cooperation, the amount of vacation pay paid earlier is withheld from the specialist.

According to the law, a part-time worker must receive leave from work at an additional job at the same time as he receives days off from his main job. But you need to keep in mind that an employee can, at his discretion, take a vacation earlier than set in the schedule.

In addition, the employer must pay the dismissed part-time worker severance pay , if this is stated in the organization’s labor or collective agreement. Compensations are issued on the employee’s last working day.

The employer needs to understand that a part-time employee has all the rights and obligations established by the Labor Code. This means that it is possible to fire a part-time employee, both external and internal, without the consent, but all the nuances of the procedure must be observed. If the employer, terminating the employment relationship, commits violations, then the dismissal will be considered illegal. In this case, the dismissed person can turn to the courts to protect their rights.

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

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

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

Grounds for termination of the contract

Most grounds for termination of employment are the same for all employees. This means that, according to the law, it is quite possible to fire a part-time employee without his desire. In particular, the legislation provides for the following cases of termination of a contract at the initiative of the employer:

1. Liquidation or termination of the work of an organization or its division, if it and the head office are located in different localities.
2. Reduction of staff.
3. Insufficient qualifications of the employee, revealed after his certification.
4. More than one instance of failure by an employee to perform official duties, provided that there is a valid disciplinary penalty.
5. The co-worker lost trust due to the guilty actions he committed.
6. The employee provided incorrect information about his income, conflict of interest, etc., if this is imposed on him by legislative acts.
7. The specialist has committed an offense that is contrary to moral standards and is therefore incompatible with continuing to work in the organization.

It is also worth noting such grounds as gross violation by an official of his labor duties. Such violations include:

• absenteeism;
• presence at the workplace under the influence of alcohol or drugs;
• disclosure of personal data of enterprise employees or trade secrets that were known in connection with production activities;
• theft committed by a part-time employee at the enterprise;
• violation of safety regulations that could lead or has already led to serious consequences;
• providing documents with false information when applying for a job.

Thus, Russian legislation recognizes the legal termination of employment relations with external and internal part-time workers at the initiative of the employer. But for this, their dismissal must be carried out for one of the reasons specified in the regulations.

Risks of violating the procedure for dismissing an employee

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

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

Difference in registration of dismissal

Despite the fact that the process of ending an employment relationship is basically the same, there are some differences in the systems for dismissing different types of part-time workers.
In particular, they relate to the reflection of the fact of cooperation in a person’s work record. Thus, in the document of an employee who has a main job at another enterprise, there is no need to enter information about dismissal, because his work book remains with the main employer. If the employee needs confirmation of these relationships, then he can ask to provide all the necessary copies and extracts.

If an internal part-time worker is fired, the employer is obliged to make an entry in the work book, since it is kept by him and, accordingly, it is the employer who is responsible for filling it out. The same applies to situations when a part-time worker quits his main job.

Results

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

Part-time worker resigns at the initiative of the employer

The procedure for dismissing part-time workers at the initiative of the employer is the same as for other employees. It is impossible to dismiss a part-time employee while he is on vacation or on sick leave, with the exception of cases of liquidation of the enterprise/termination of the activities of the individual entrepreneur.

The part-time employee must be notified in advance, in writing and against signature, of the upcoming dismissal. The length of such notice will depend on the grounds for dismissal. For example, the employer must warn about the upcoming reduction or liquidation of the enterprise (Articles 292, 296 of the Labor Code of the Russian Federation):

• in 2 months - in the general case;
• 7 days (calendar) - if the employee works on seasonal work;
• 3 days (calendar) - if an employment contract is concluded with the employee for a period of up to 2 months.

A special case of termination of an employment contract, which is possible only with a part-time job, is due to the hiring of a part-time worker for whom this place of work will be the main one (Article 288 of the Labor Code of the Russian Federation). The employer is obliged to notify the part-time employee at least 2 weeks in advance about the upcoming dismissal in writing against signature. A variant of this warning: