How to properly fire a part-time worker: legal grounds and procedure


General concepts

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

There are two types of part-time work: internal and external.

An internal part-time worker combines primary and additional work at the same enterprise.

An external part-time worker is considered to be a person who is in a permanent position in one company and works part-time in a second company. For such an employee, his main job is in one company, and his additional occupation is in another.

The main condition for part-time work is the official placement of an individual in both the main and additional work.

What category of workers is this?

The work of this category of workers is regulated by Chapter 44 of the Labor Code of the Russian Federation. Part-time workers perform job duties in their free time from their main job:

  • in another organization (external part-time job);
  • at your enterprise, but in a different position (internal).

The working time of this category of workers should not exceed 4 hours (Article 284 of the Labor Code of the Russian Federation). Practice shows that a part-time worker is not required to report to his main job that he has a part-time job in his free time, but this rule has an exception:

  • the head of an organization can be a part-time worker in another organization only with the permission of the authorized body or the owner of the organization (Article 276 of the Labor Code of the Russian Federation);
  • sports workers can also get a second job with the permission of the head of the organization (Article 348.7 of the Labor Code of the Russian Federation).

As with any employee, you can terminate your employment contract with a part-time employee on the grounds specified in labor legislation (Chapter 13 of the Labor Code of the Russian Federation). But there is also a special reason - in connection with the hiring of a permanent employee to a part-time position (Article 288 of the Labor Code of the Russian Federation).

Legal basis

In accordance with the requirements of legislative acts, a part-time worker may have several additional jobs, but within reasonable limits.
It must be officially issued regardless of the enterprise that provides it. In addition, the working day of a part-time employee should not exceed 4 hours a day.

Article 288 of the Labor Code provides for the dismissal of an employee only at the initiative of the employer.

The restrictions provided for in Articles 81 and 261 of the Code do not apply to him, which include the dismissal of an external part-time worker while he is on sick leave or on labor leave.

If a part-time worker is among the persons having a preferential right in accordance with Article 261, then the employer is deprived of the right to dismiss him on his own initiative.

If the employer has decided to dismiss a part-time worker, then he must take into account the specifics of the employee’s legal status in industrial relations in order to avoid mistakes and prevent violations of labor legislation.

Otherwise, conflict situations may arise that must be resolved in court. As a rule, an employment contract concluded with a part-time worker is divided into a fixed-term and unlimited-term contract, in accordance with the instructions of Article 59 of the Labor Code.

The procedure for dismissing a part-time worker is carried out depending on its type in accordance with the instructions of Article 288 of the Labor Code of the Russian Federation.

If the employment contract is open-ended, then the employer has the right to terminate it upon hiring an employee for whom the work will become the main one.

In this situation, the employer must notify the part-time worker in writing about hiring the main employee two weeks in advance in accordance with Article 288 of the Labor Code.

The employer is deprived of the opportunity to dismiss an employee with whom he has entered into a fixed-term employment contract in accordance with the above article.

He can be dismissed exclusively on a general basis, that is, at the end of the agreed period, if the employee has not violated labor discipline. But the employer has the right to dismiss him subject to the liquidation of the enterprise.

An employer is deprived of the opportunity to fire a part-time worker if he is on leave, on sick leave due to temporary disability, on maternity leave related to pregnancy and childbirth, or caring for a young child.

He is obliged to respect the rights of the part-time worker without limiting them, therefore, when carrying out the dismissal procedure, he must follow the requirements of legal acts on labor.

If an employee quits his main job, then the part-time job is transferred to the main category, as a result of which he is not subject to dismissal from work at the initiative of the employer due to the hiring of another person.

Types of part-time work and guarantees upon dismissal

Regardless of the fact that a part-time worker is hired according to different standards than permanent employees (Article 282 of the Labor Code of the Russian Federation), and does not work full time, the employer requires him to have the same responsible attitude towards functional responsibilities as other employees.

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Types of part-time work have a general tendency - such an employee has an employment contract drawn up at the place of work, which is considered the main one and is entered as such into the work book. The main place of work may be in another company, which determines the status of such an employee as an external part-time worker.

External part-time workers provide relevant documentation from their main place of work, which is the basis for their registration. If a specialist works at the same enterprise where part-time work is provided, he belongs to the category of internal part-time workers.

The status of an internal part-time worker who works in the same organization under an additional employment contract should not be confused with the precedent of expanding functional responsibilities, where a second contract is not provided. Therefore, the dismissal of a part-time worker at his own request must comply with the norms of legislation focused on the designated status. The main issue remains the working period for a part-time worker. He is also required to notify the employer 2 weeks before leaving by submitting an application.

After this, the employer is obliged to dismiss the applicant and provide him with adequate severance pay. These duties are guaranteed by Labor legislation and are mandatory for the employer to fulfill.

It is unacceptable to exceed the working period even when the employee was on sick leave during the designated period, went on leave without pay or labor leave.

Restrictions on termination of an employment agreement

Article 261 of the Labor Code of the Russian Federation provides for the impossibility of dismissing part-time workers of the following categories:

  • pregnant women;
  • mothers raising young children (under 3 years old);
  • single fathers and mothers with children under 5 years of age;
  • an employee who supports 3 or more children and is the sole breadwinner.

These restrictions lose force if an employee from the listed categories has committed an unlawful, immoral act or has accumulated several penalties for violation of discipline.

Based on the requirements of Article 81 of the Labor Code of the Russian Federation. It is not permitted to terminate the employment relationship while the employee is undergoing treatment or on scheduled leave.

A part-time employee cannot be “thrown out” from work if he has signed a fixed-term contract with the employer (Article 287 of the Labor Code of the Russian Federation), even if another employee is applying for his position, for whom this position would become the main one. It is permissible to terminate cooperation in such a situation only upon expiration of the contract.

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Documentation and procedure

The procedure for terminating an employment contract depends on who initiated the dismissal.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

The basis for issuing this document is a notification application received from the employee, or documents documenting violations on his part. And if a permanent employee has been found, a notification is sent to the employee by the employer himself.

At the same time, making a corresponding entry in the work book has its own characteristic features. The entry is made by a personnel service employee at the place of main work on the basis of a copy of the order or certificate issued at the additional workplace. There is no stamp!

  1. The employer asks the offender to write an explanatory note. In case of refusal, an act is drawn up recording the violation.
  2. Based on the explanatory note, an internal memorandum is drawn up. At this stage, the employer has the right to limit himself only to disciplinary action. It should be noted that two punishments at once - disciplinary (for example, a reprimand) and dismissal are not applied according to labor legislation.
  3. If a decision is nevertheless made to dismiss, a corresponding order is issued, which is signed by the employee (in the T-8 form). If a refusal is received from the employee, it is recorded in an act with two witnesses. The act is then filed in the offender’s personal file.
  4. Based on the order, notes are made in the personal file and work book.
  5. The payments due to the employee are calculated and the final payment is made.

When hiring a permanent employee

Regulated by Article 288 of the Labor Code of the Russian Federation:

  1. Management sends a written notice to the part-time worker, informing him of the date of termination of the contract. The document is sent two weeks before dismissal. At this stage, the employee may quit his permanent job, preferring a part-time position. In this case, the employer can no longer hire a new employee for the same position.
  2. An order is issued within two weeks. The employee can sign it or refuse to sign. Refusal requires drawing up an act in front of two witnesses.
  3. Then entries are made in the work book and personal file. And on the last working day the final payment is made.

Read more about the procedure for terminating an employment contract with a part-time worker at the initiative of the employer in other cases here.

  1. The employee himself sends a notification to management. The document indicates the day of dismissal and the reasons for leaving. For fixed-term contracts, this document is drawn up three days before termination. Open-ended contracts require two weeks' notice.
  2. The notification received serves as the basis for issuing an order. The employee is familiarized with the order, and he puts his signature on it.
  3. After that, entries are made in the work book and personal file. Compensation payments are accrued in the form of wages and funds for unused vacation days. Payments are made on the last working day.
  4. Also, the law allows the signing of a document by agreement of two parties. On its basis, an order is issued and a calculation is made. The employee can independently set the date of termination of the contract and agree on additional compensation payments.

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In case of disability

If the first disability group is assigned, the part-time worker has the right to terminate the employment contract urgently.

To do this, you must contact management with a statement and documentary evidence of a valid reason. In this case, the employee has the right to request immediate dismissal , citing the impossibility of continuing to work.

Further paperwork takes place according to the generally accepted procedure. An order is issued, notes are made in the personal file and work book, payments are calculated and calculations are made.

Grounds for dismissal of a part-time worker

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

  1. General grounds.
  2. Special grounds exclusively for part-time workers.

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

Thus, the following are considered general grounds for dismissal:

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

Dismissal at your own request

How is it possible to dismiss an external part-time worker at your own request? The procedure for such dismissal is carried out similarly to its registration for an employee working on a permanent basis. In this situation, the employee submits an application, the manager agrees with it, putting the appropriate resolution, and a dismissal order is issued. When it is impossible to agree with your superiors on early departure, such dismissal on your own initiative obliges you to work the required two weeks.

There is a small nuance for an external part-time worker. If he wants to record his part-time dismissal in his work book, then he must first take it at the place of his main job in order to take the book to record the dismissal.

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

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Severance pay upon dismissal: amount of benefits and when it is due

A part-time employee’s application for voluntary dismissal must be submitted no less than three days before the date of intended dismissal

Certain difficulties also arise when a part-time worker wants to leave his main and additional work at the same time. In this situation, dismissal occurs in the usual way, but the resignation from the main job is first recorded in the work book, and below is a record of dismissal from the additional job.

Dismissal at the initiative of the employer

How to fire a part-time worker at the initiative of the employer? The main reasons for dismissal in this situation are:

  • Reduction of staff (Article 81.1);
  • Liquidation of an enterprise (Article 81.2);
  • Gross disciplinary offense (Article 81.6).
  • Inconsistency with the position held in terms of qualification level (Article 81.3);
  • Concealment of income or conflict of interest (Article 81.7.1);
  • Committing immoral offenses Art. 81.8);
  • Providing false 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 company’s property is lost or damaged (Article 81.9). Applicable 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 failure to pass qualifications based on the results of the certification commission, some special conflict may arise. Let us assume that such a rather ordinary situation arises when an employee has not passed the certification for his main job and at the same time applies for this position as an internal part-time worker. Then, in order to take this position, this employee must first resign from his part-time job on his own initiative, by agreement of the parties, or under Art. 288 of the Labor Code of the Russian Federation, and after that re-enter work as a full-time employee.

Dismissal by agreement of the parties

With this option of dismissal, the general procedure for terminating the contract applies. The only difference with the dismissal of a full-time employee is that here in the order and 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 leaving.

The entry in the work book will look like this:

Dismissed from his part-time job by agreement of the parties, paragraph 1, part 1, 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 basis for dismissal, intended exclusively for a part-time worker (Article 288). This article applies in the case of hiring a full-time employee for a part-time job.

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 cannot be applied to personnel working under a fixed-term contract.

The employee must be notified 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 departing part-time worker, remains at the enterprise, and the other is transferred to the employee. After the two-week period, a dismissal order is drawn up. It is drawn up on a standard T-8 form, with the obligatory recording of Art. 288.

It should be noted that the law does not provide for the payment of any severance pay to a part-time worker dismissed under this article. However, it is not prohibited to include the payment of benefits in an employment contract with a part-time worker.

Dismissal of an internal part-time worker

Since an employment contract is concluded when a part-time worker is employed, it is subject to termination upon termination of the relationship. For this purpose, a dismissal procedure is carried out, during which the concluded contract is terminated.

The initiator of termination of an employment relationship can be a part-time worker or an employer. The grounds for dismissal are specified in the Labor Code of the Russian Federation. In addition to the traditional grounds typical for the dismissal of permanent employees, Article 288 also provides. The Labor Code of the Russian Federation, which allows you to dismiss a part-time worker if a permanent employee is hired in his place (the exception is conscripts who cannot be fired under Article 288).

When dismissing a part-time employee, the following steps are taken:

  1. Provide a written warning to the other party about the upcoming dismissal (if the initiator is an employee, then a statement is required from him, if the initiator is an employer, then there must be an appropriate basis and written notification to the employee);
  2. Formation of an order to terminate the relationship (you can use either the standard T-8 form or your own order form, prepared taking into account the requirements of the company and labor legislation);
  3. Calculation of wages and compensation for days of annual leave not used by a part-time employee (if necessary, severance pay is also considered);
  4. Payment of the calculated amount on the last working day;
  5. Making an entry about the termination of the relationship in the T-2 card and work book, if the quitter wants it;
  6. Issuance of documentation upon dismissal in hand - at the written request of a part-time employee, certified copies of all documentation related to the work are provided, including the original certificate of payments and social contributions for 2 years.

If the dismissal procedure is carried out exclusively in relation to part-time jobs, and the person continues his work activity as a main employee, then there is no need to remove the work book from the storage location and issue it to the employee. It continues to be kept by the employer.

Information about the termination of part-time work is entered into the work book if there is a note in it about employment in this capacity. Entering such information is not mandatory and is carried out only at the request of the part-time worker. If the work book does not record the fact of employment as a part-time worker, then no entries need to be made upon dismissal.

Dismissal of a part-time employee due to the hiring of a permanent employee

This situation is regulated by the Labor Code of the Russian Federation, Articles 77 and 288, that is, this reason is absolutely legal and practical. If the employer decides that the position held by a part-time employee should be filled by a full-time employee, then he has the right to dismiss the part-time employee. The basis for applying Article 288 of the Labor Code of the Russian Federation is the actual hiring of a new employee for this position. Evidence that will document this appointment can be the issuance of orders for the dismissal of a part-time employee and the hiring of a new employee. These documents must have the same creation date for acceptance and termination to be valid.

According to the Labor Code, a person can have several jobs

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In addition, Article 288 of the Labor Code of the Russian Federation prescribes that a part-time worker who is subject to dismissal must be warned in advance.

The employee must be informed of his dismissal fourteen calendar days before the relevant order is issued.

The official consent of the part-time worker is not required in this case. But there is one point that is worth considering: the article does not state whether an internal or external part-time worker is fired in this way. If an internal employee quits, he leaves the additional position, but remains in the main position in the same company. The external part-time worker leaves the company along with the position.

Among other things, it is impossible, according to the norms of the Labor Code of the Russian Federation, to terminate the employment relationship with a part-time worker due to the hiring of a new employee on a permanent basis, if he was previously dismissed from his main place of work. In other words, at the initial stage, you should offer the part-time employee to switch to permanent work in this position, and in case of refusal, hire another employee.

Dismissal of a part-time worker for violations of labor discipline

The dismissal of a part-time employee can also be carried out due to violations of labor discipline. Such violations include:

  • Truancy
  • Working while drunk or under the influence of drugs
  • Refusal to fulfill the requirements prescribed by the employment contract, and so on.

If a part-time employee is absent from work, the manager can fire him in exactly the same manner as other employees. But a problem arises: the truant’s work record is at his main job, that is, in another company. According to the law, in this case, only the employer of the main position can make any notes in the work book of the part-time worker. That is, the part-time worker will be fired from the additional position and will remain in the main position.

When combining positions, the employee must have a signed employment contract

In case of absenteeism, you first need to find out why the part-time worker did not show up for work. Next, a commission is created on the basis of a memorandum from the manager. This commission draws up a written report on the absence of this employee on site during the work shift. After the employee appears, they write an explanatory note explaining why the absenteeism was allowed. In the event that an employee indicates a valid reason in an explanatory note, it is necessary to require from him documents that can confirm this fact, for example, a certificate from a traumatology department or from the traffic police. If a valid reason is not proven, the employer has the right to immediately dismiss the part-time employee.

Dismissal of a director (manager) by agreement of the parties

As a rule, a “soft” dismissal of an employee who has access to important company information is the most acceptable option for both parties. The initiator of termination of the employment contract can be any of the parties, while this type of dismissal does not require an explanation of the reasons that are the basis for dismissal. Features of dismissal: dismissal of a manager by agreement of the parties occurs in fact according to general rules, with some exceptions:

  • an agreement to terminate an employment contract is concluded between the head and the authorized body of a legal entity after an initiating document from either party and a preliminary decision, which is made at a meeting of the founders or shareholders of the organization;
  • the manager is obliged to transfer all matters to the employer, as well as powers of attorney and material assets entrusted to him by the authorized body at the conclusion of the contract until the termination of the employment contract;
  • In the agreement on termination of the employment contract, the parties specify special conditions, the period and grounds for dismissal, in addition, the amount and timing of compensation payments are indicated. Here it is important to use strict calculation criteria, for example, a certain number of official salaries, excluding the use of evaluative economic criteria.

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Dismissal of a part-time employee due to staff reduction

This wording also applies to the dismissal of a part-time worker at the initiative of the employer. With such dismissal, the employee receives a cash benefit in the form of an average monthly salary. The controversial point is that there is some ambiguity in this statement. Some HR specialists believe that benefit payments are necessary in this case, since part-time workers, along with other employees, are subject to the laws of the Labor Code of the Russian Federation and are also entitled to cash benefits. Another part of HR specialists claims that such payments are not due to part-time workers, since they have a main place of work.

Part-time worker can be internal or external

As a rule, Judicial practice sides with the employer in this matter and allows not to pay monetary compensation after dismissal, since the employee has a permanent place of work.

Procedure for dismissing a part-time worker

The procedure for terminating an employment relationship with a part-time worker does not differ in basic terms from the general dismissal procedure. The entire dismissal process can be divided into the following stages:

  1. Preparation of documents that are the basis for dismissal.
  2. Notifying the employee and issuing an order.
  3. Entry into the work book.
  4. Settlement payments.

Preparation of documents justifying dismissal

Such documents include:

  • acts of disciplinary violations;
  • notification of impending staff reductions;
  • notification of the upcoming liquidation of the enterprise;
  • an order to hire a permanent employee to replace a part-time employee;
  • other certificates, acts and messages.

How to create an order

The dismissal of an employee who works part-time must be properly formalized in accordance with the regulations of legal acts.

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The enterprise issues an order to dismiss the employee, which is drawn up on a form with the unified T-8 form.

It must indicate:

  • personal data of the employee;
  • position held;
  • Personnel Number;
  • date of dismissal;
  • basis with reference to the relevant article of the Labor Code;
  • payments due.

The order is signed by the employer and the employee, who makes a note of familiarization with it. If it is necessary to dismiss an internal part-time worker, then a similar order is issued.

Notification and publication of the dismissal order

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 is dismissed on a general basis (at his own request, by agreement of the parties, due to a disciplinary offense, etc.), then a notice of the upcoming dismissal is drawn up according to the general rules regulated in Art. 77 Labor Code of the Russian Federation.

It’s another matter if an employee quits 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 employee two weeks before dismissal. The notice is drawn up in writing and given to the employee against signature.

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

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

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

  • Full name of the employee working part-time;
  • Position, rank, category of part-time worker;
  • Employee personnel number;
  • Date of dismissal;
  • Grounds for dismissal with obligatory reference to the Labor Code article;
  • Brief description of payments and deductions made;
  • Manager's signature;
  • Part-time partner’s signature confirming that the order has been read.

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

Entry into the work book

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

If he is an internal part-time worker, then making such an entry is not difficult and can be done at his request on the day of dismissal from his 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, he must first contact 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.

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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 goes 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 method of contacting an 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 verbal appeal may not be responded to at all or may be delayed in response. Therefore, lawyers recommend applying for an entry in writing.

It is preferable to submit such a statement in writing.

The second option involves 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 options for such an operation require some time and it is quite problematic to carry them out on the same day as the issuance of the dismissal order.

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

Dismissal at your own request

This is the right of any employee, and it must be formalized in accordance with the legislation of the Russian Federation. The procedure is as follows: writing and submitting an application, preparing and issuing an order, dismissal.

Very often, the employer raises the issue of two-week work. There is currently no such concept in the current Labor Code. The situation is as follows: the employee is obliged to notify the employer at least two weeks in advance. The period begins to be calculated from the day following the submission of the application. The dismissal of part-time employees and key employees can be made earlier if the parties agree on this. And the second nuance is that a person is not required to be at work during the specified two-week period. He has every right to take sick leave or go on vacation, and the terms of dismissal do not change or be postponed.

Payments to a part-time worker

The final payment to the dismissed person should be made on the last day.

The following are subject to payment:

  • salary accrued for the time period worked;
  • compensation for those vacation days that the employee did not have time to take;
  • severance pay in some cases;
  • other types of compensation payments, if they are specified in the company’s internal documentation.

To calculate these amounts, the existing standard form is used - calculation note T-61.

Payment of compensation

The part-time worker has the right to monetary compensation for those days of vacation that he did not have time to take off. It is due to every person resigning, and the reason for dismissal and the initiative party do not matter.

When calculating this type of compensation payment, you need to multiply the average daily earnings for the last year by the number of unused days of annual leave. The last indicator is calculated taking into account the following formulas:

Duration of workFormula for calculating the number of unused vacation days
1< 11 months(number of vacation days per year / 12 months * total number of months of work) – number of vacation days used
2> 11 months < 1 yearnumber of vacation days per year – number of days used during the year
3> 1 yearFor fully worked years, the calculation is carried out as in clause 2. For the remaining months, the calculation is carried out as in clause 1.

Severance pay

Compensation in the form of severance pay is issued to a dismissed part-time worker in the following cases:

  • Reduction in the number of personnel - the amount of average earnings per month (if there is further unemployment for three months, another 2 monthly earnings are paid);
  • Liquidation of the employer - the amount of payment is determined similarly to the previous paragraph;
  • Subject to the conditions of Art. 178. Labor Code of the Russian Federation - the amount of average 2-week earnings;
  • Other cases specified in the employer’s local internal documentation.

Deadlines

The manager must adhere to the requirements for complying with the notification deadlines for the upcoming termination of employment agreements with the employee:

  • the part-time worker must be notified 2 weeks in advance if the dismissal is based on Article 288 of the Labor Code of the Russian Federation;
  • 3 days in advance, if the reason for the dismissal of a part-time worker is unsatisfactory completion of the probationary period;
  • 2 months in advance if the combined position is being reduced or due to changes to the employment contract.

Strict adherence to the procedure for hiring and dismissing a part-time employee will help you avoid legal conflicts. The procedure for many actions is similar to that performed in relation to employees performing the main work, there are only some differences. You need to attach importance to every detail so as not to get into an intractable situation.

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