Part-time employment is a fairly common phenomenon, and is often used by the employer in practice. Employees accepted on such conditions do not work full time, but only perform certain duties at a time when they are free from their main job. Part-time employment can be external and internal. In the second case, this is the main and additional work in one enterprise. Labor Relations This category should be formalized.
Employment and dismissal of a part-time job
The employer must not forget that the part-time employee has the same rights as all other employees. In this regard, a job application or his dismissal should be made on a common basis. The first item is carried out in three stages:
- preparation and submission of an application containing a request for employment (an external part-time employee must provide a passport and a document on education with the personnel department of the enterprise);
- signing of an employment contract (urgent or unlimited) by the parties;
- issuing an order that a person has been hired internally or externally.
And remember that during registration you do not need to provide an extract from the work book or a copy of it. Close attention should be paid to the employment contract, its provisions play a decisive role when the question arises of the dismissal of a part-time worker. Otherwise, the procedure will be followed the same as for the main employees.
The contract (labor) for part-time workers is the same as for the rest. It can be unlimited or urgent. This item is of great importance when dismissed. Having an urgent nature, an employment contract must have an end date - calendar or before a specific event occurs, for example, the end of seasonal work or repair work. In the perpetual version, this should not be, it acts continuously exactly until the moment when the part-time will be dismissed at will. Let us dwell on the termination of the contract (labor) in more detail.
What are the reasons for dismissal?
There is only one answer to this question - the same as for the main employees. Dismissal cannot be carried out during the period of vacation (regular or maternity, for example), sick leave. The date when the employment contract is terminated, in this case cannot be earlier than the end of these events. If an employee was hired for a certain period, then he can be dismissed only after it expires, and nothing else. There are, of course, exceptions, for example, disciplinary sanctions and violation of internal rules, liquidation of an organization but this is another conversation.
Dismissal of a part-time worker can be made in three cases:
- at the initiative of the employer (changing or reducing the staff of the organization);
- at the will of the employee;
- by mutual agreement of the parties to the employment contract.
Voluntary dismissal
This is the right of any employee, and it must be formalized in accordance with the laws of the Russian Federation. The order is as follows: writing and filing an application, preparing and issuing an order, dismissal.
Very often, the employer raises the question of a two-week working out. There is no such concept in the current Labor Code. The situation is as follows: the employee must notify the employer at least two weeks in advance. The deadline starts from the day following the submission of the application.The dismissal of the part-time employee and key employees may be made earlier if the parties agree on this. And the second caveat - in 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 do not change or move aside.
Internal combiner: subtleties of firing
The order is respected general, but with small nuances. So, the dismissal of an internal part-time does not mean termination of the contract with him and the main position. Let's take a closer look. What is an internal combiner? An employee of the organization who, in his own organization, outside of working hours, that is, free, performs any other, additional duties. Dismissal as a part-time job is done by order with a mandatory indication of the reasons and grounds. The main position is not affected, it is retained by the employee. The reverse situation is also possible. In any case, an order must be issued for each of these actions.
Concurrent Abbreviation
Guarantees of labor rights are provided to employees in combination with the main employees, but also responsibilities. Legislation does not exclude the possibility of reduction. Compliance with the established procedure is mandatory for execution. The dismissal of the external part-time and the internal reduction of staff is similar to that in relation to the main employees. Namely, the employer is obliged to notify for 2 months that the staffing of the organization will be amended (an order is issued about this). For this period, before the day of dismissal, the part-time job offer should be other vacant posts, if any. Vacancies may be less paid, not so interesting and prestigious. They can be waived and then the dismissal of a part-time employee to reduce staff within the prescribed period is executed. Severance pay is accrued in the same way as the main employees: when calculating (average monthly earnings) and for another two months, if the person does not find a job during this period.
It is important to know that during reduction there is no difference between the main employee or part-time worker, and discrimination of rights on this principle is illegal. This statement is confirmed by judicial practice. You can always write a statement if you think your rights have been violated.
Dismissal of part-time employer-initiated
In this embodiment, the employment relationship may be terminated on a common basis. Firstly, for repeated and flagrant violation of the institution’s internal labor schedule. Modern labor legislation provides for three types of disciplinary sanctions: dismissal, reprimand, and reprimand. All of them can be applied, the main thing is to observe the order and terms (fixing the violation by drawing up an act, demanding explanations, punishment).
Secondly, the dismissal of an external part-time employee even under a termless employment contract is possible when another employee is found in his place, for which this work will be the main one. It is important to know that the employer must follow a specific procedure. He is obliged to notify at least 14 days before the day of dismissal of the part-time worker in writing (according to article 288 of the Labor Code of the Russian Federation).
Thirdly, in connection with the termination of a fixed-term employment contract in the event that the employer does not want to extend it.
Calculation of severance
Regardless of the reasons for dismissal, the employee must be calculated on the day he is dismissed. The number of payments includes wages, compensations provided by the collective and labor contract for unused vacation. On the same day, the employee is issued a duly completed work book. We recommend that you always read the entries made in it, errors are common and it is better to fix them in place immediately.Thus, monetary compensation for dismissal of a part-time worker is similar to that given to the main employees. True, there are small nuances regarding the annual main vacation. Let us dwell on this issue separately.
Vacation Compensation
The legislator has established that the vacation of a part-time employee must coincide with that provided at the main place. Therefore, it is often provided in advance. This fact must be taken into account when calculating vacation compensation to a part-time employee upon dismissal. If there has been an advance, then you will need to make a deduction for the overspended days of the prescribed annual vacation. Vacation can not be taken at an additional place of work, and take only monetary compensation - this is the right of the employee.
Sample notice of termination
NOTIFICATION
on termination of the employment contract
Dear Felix Petrovich!
We hereby inform you that, in accordance with 288 Labor Code of the Russian Federation Agreement No. 41 dated December 31, 2013, concluded between you and Vasilek OJSC, will be terminated on January 17, 2016 due to the appointment of an employee for whom this work will be the main one.
CEO
OJSC "Vasilek" / Signature / V.V. Vasiliev
How to write an order to dismiss a part-time job?
This document is filled out in the prescribed form, which should be for every personnel officer. Below is a sample of the dismissal of a part-time worker in some wordings. The reason line is indicated in the foundation line in accordance with article of the Labor Code of the Russian Federation. For example, Art. 288 (on the admission of an employee for whom this work will be the main one). Below, in the line “Ground (document)”, the notice that was sent to the part-time employee and the employment contract (date and number) are indicated. It is important to familiarize yourself with the order of the former employee on time - 3 days from the date of its publication.
Workbook: what to write?
Entering information about part-time work is done at the request of the employee at the main place of his work. But the first thing you need to write in the name of the head of the personnel department or the specialist responsible for maintaining work books is a statement. It is written in free form. Approximately in the following form: "I ask you to make a note in my work book that I work part-time." The procedure for entering information is the same as when applying for the main place.
If external part-time is executed, you need to be prepared to provide data from another employer. Namely: an employment contract and a copy of the order on its conclusion or an extract from it. In addition, ask the personnel department for a certificate confirming a second job. It must be signed by the leader.
If a part-time (internal) is dismissed, then a record of this should also be entered in the work book, the seal and signature of the person in charge is not put. The main position of the employee is not concerned.
In the case of external combining, difficulties sometimes arise. Let us dwell on two situations. The first is when an employee leaves the main place and gets a job in another organization, where he was a full-time part-time job. In this case, the procedure will be as follows:
- quit the main place and make entries in the work book;
- quit the job concurrently, at the same time an order is issued that must be provided for the main job and based on it an entry will be made in the work book;
- compilation job applications and the publication of the relevant order.
The second common case is dismissal from the main place of work, but part-time employment in another organization is preserved. Then only one entry is made in the work book. If in the future a person decides to quit the job concurrently, then the organization will make a record of this, in which he settles down as the main employee.
Part-time issues in practice are extremely confusing.Therefore, it is so important to follow the procedure and rules for registration of such an employee from the very beginning. Terms, grounds and compensation for dismissal of a part-time worker are the most common causes of disagreement. Fill out the documents correctly, this will help to avoid misunderstandings and possible litigation.
