Many people prefer to work in several organizations at once. To do this, they get a job in part-time firms. They have special rules for work and employment. The procedure for dismissing part-time jobs is also different. Employers should be well versed in the nuances of the process, so as not to violate the rights of the citizen, otherwise he may require coverage of the damage.
Types of combination
Combiners can be external and internal. Each case of part-time dismissal is considered individual, therefore, many factors affect this process. The rules for attracting part-time workers to work are specified in Art. 282 shopping mall. The main signs of using this method of employment include:
- the employee has a primary place of work, in addition to this;
- to perform functions on the basis of part-time, a separate contract is drawn up, moreover, it can be urgent or unlimited, and a contract is often formed directly to perform a certain amount of work;
- duties and functions in different types of work are significantly different if part-time work is carried out outside the same company;
- when working part-time, a citizen spends no more than 4 hours a day on the implementation of official functions;
- a citizen must fulfill his duties concurrently exclusively in his spare time from his main job, which is prescribed in Art. 60.1 TC.
If one company offers the possibility of combining several functions by one employee in one working day with an additional payment to the basic salary, then in this case not a combination, but a combination of posts is applied.
Nuances of termination of employment
The procedure for dismissal in combination is different in some nuances due to the specific status of the employee. The differences depend on what type of combination is used, as well as what is the reason for termination of the employment contract. Basically, the standard dismissal procedure is applied, which applies to all employees of one organization. The main features of the process include:
- if the employee is an internal part-time, then his book is in the personnel service, and if external, then the document is at the main place of work;
- a citizen can combine several positions at once, but the law indicates the maximum amount of time that can be used for work, and if it is exceeded, this leads to poor health of the citizen;
- an official labor contract is concluded with each employer;
- all firms provide employees with leave and bonuses;
- the contract may be urgent or unlimited, moreover, if the first option is available, then part-time dismissal is carried out at the time of expiration of this agreement.
If a perpetual contract is drawn up with a part-time contract, then the citizen himself can leave the company at any time, and he does not even need to explain the reason for such a decision.
On what basis do part-time workers quit
Dismissal by internal combination or external may be necessary for various reasons. Regardless of this, the basic rules of the process contained in Art. 80 shopping mall.
Dismissal on the main and part-time basis can be carried out on the basis of the application of the employee or on the initiative of the employer. A special agreement between the parties can also be drawn up, in which certain goals are achieved by both participants in the process.
Most often, dismissal is due to:
- the specialist returns to work, to the place of which the part-time employee was invited;
- the company is undergoing a staff reduction process;
- the specialist is transferred to a permanent position;
- the term of the fixed-term contract drawn up with a specific employee ends;
- several situations are revealed when the employee violated discipline in the company, therefore, due to the presence of several correctly documented violations, the employer has the right to forcibly terminate the employment contract;
- the closure of the enterprise, accompanied by the dismissal of all employed specialists.
Regardless of the reason, the same actions are always performed.
Features of dismissal
An employee can resign at any time, but he must notify the employer of the decision three days before this process, so that during this period of time the company management could find the employee in the vacant place. Other features of this process include:
- if a citizen makes a decision to resign at the moment when he is on vacation or on sick leave, he must correctly draw up an application and pass it on to the employer;
- the calculation is made on the last day of work;
- on the same day, the workbook is handed over to the specialist, if it is stored in the company;
- have to work out the prescribed 2 weeks after the person leaves the vacation or sick leave;
- the dismissal of an employee concurrently without practicing is allowed, if an agreement is reached between the two parties;
- during the training, the specialist may change his mind about quitting, therefore, the previously submitted application is canceled without difficulties.
There are no features when dismissing an internal or external part-time job. Only in the second case, the employer does not have a work book in the personnel department, so the specialist will have to request this document at the main place of employment, so that the head of the company, where he worked part-time, made the necessary entry in the document.
The nuances of dismissing an employee without his consent
Often, the part-time worker does not want to quit, but the employer has certain reasons for terminating the employment relationship with him. All the rules of dismissal from part-time work on the basis of a decision of the head are contained in Art. 81 shopping mall. Therefore, without the consent of the employee, this procedure is performed if there are the following reasons:
- the company is reducing the number of staff or all registered employees;
- various serious violations are systematically committed by the employee in the process of conducting labor activities, therefore several disciplinary sanctions are recorded, which allows the head of the company to dismiss the specialist under the article;
- gross neglect of the work schedule in the company or violation of internal rules, for example, this includes absenteeism without good reason or booze at work;
- it is revealed that the employee caused significant material damage to the company or destroyed the good reputation of the company;
- there is no citizen the opportunity for further performance of labor duties for health reasons.
Based on Art. 288 TC part-time workers may be involved in work in the company for temporary work or until the main employee is found in their place. In this case, the dismissal is carried out after finding a new specialist or the expiration of the fixed-term contract.
Dismissal upon admission of the main specialist
Most often, dismissal by internal combination is carried out when the main employee is in a certain place. Non-staff employees are considered vulnerable, since on the basis of Art. 288 TC they can be fired at any time when they are in their place the main employee.
The dismissal procedure is completed within two weeks. For this, certain conditions must be observed by the employer:
- the contract drawn up with the part-time employee does not indicate its validity period or does not specify the work that must be performed by a specialist in the company;
- a full-time employee is immediately registered for a vacated position, for which this place of employment will be the main one;
- part-time worker is warned about dismissal 2 weeks before this process, and for this, a written notice must be used by the employer;
- the employer must first make sure that the dismissed employee does not belong to employees who have the right to remain in the company, for example, a pregnant woman may act as a part-time employee.
If the head of the company violates the requirements of the Labor Code, the employee may file a complaint with the labor inspectorate or even file a lawsuit in court. Under such conditions, the dismissal of a part-time employee is often disputed. Additionally, the management of the enterprise is held accountable.
Expiration of a fixed-term contract
Many employers prefer to use an urgent labor agreement when applying for part-time jobs. This is due to the fact that such specialists are usually hired for temporary work.
Under such conditions, the dismissal of part-time citizens is quite simple. To do this, you just have to wait for the expiration of this contract. A few days before the end of this period, a notice is sent to the employee that the employment relationship will be terminated. If the notification is not used, then the employee is automatically transferred to the staff of the company.
Nuances of reducing part-time jobs
For any company, the reduction of employees is considered an unpleasant moment, so every employer wants to avoid this procedure. Most often, business leaders try to get rid of workers who are not on the staff. The part-timers do not have any priorities, therefore, on the basis of Art. 179 TC, the employer selects people who will be reduced in the company, based on their position and qualifications.
It is preliminarily important to ensure that reductions do not have the right to remain in the firm during the reduction. This includes citizens who have dependents or who have merits with the organization or the state.
Immediately after the reduction, part-time workers cannot apply for unemployment status, so they are not required to pay severance pay for them within three months. Assigned only compensation for vacations when quitting part-time, as well as severance pay in the amount of average monthly earnings.
By choice or by agreement
Dismissal can be carried out by the part-time worker himself, who does not want to continue to work in the company for various reasons. Under such conditions, the employee draws up an appropriate statement stating the reason for the termination of the contract.
If the dismissal of the internal part-time job is performed, then he continues to work in the main position.
Even for part-timers, a standard mining period of 14 days is set. It is allowed to draw up an agreement of the parties, on the basis of which this period of time is significantly reduced. But at the same time, it is important to correctly execute part-time dismissal. The work book must contain information on the reasons for termination of the employment relationship. In addition, an appropriate order is issued by management.
For health
Often, part-time workers are registered in a company to perform certain tasks, for which specialists must meet certain medical requirements. Therefore, the company must ensure that the employee’s state of health is perfect. To do this, periodically conducted medical examinations. This is especially true when working in hazardous conditions.
If, due to health reasons, a citizen cannot continue to cope with his duties, as he is injured or ill, then he is initially suspended from work for 4 months on the basis of Art. 73 TK. If during this time the state of health is not improved, then the citizen is dismissed under the provisions of Art. 77 shopping mall. The basis for termination of the employment contract is a medical certificate containing the allowable load on the body of a citizen. Certification of the workplace and other documents containing information about workloads are attached to this conclusion. Only on the basis of these documents is an order issued dismissal in combination with the employee.
Specialist dismissal procedure
The process of termination of employment with a part-time worker depends on who initiates this process. Most often, the parties agree that the specialist himself write a letter of resignation. In this case, the process is divided into stages:
- a statement is drawn up by the citizen;
- on the basis of this document, a dismissal order is issued, which indicates the reason for termination of the contract;
- a document is submitted to the dismissed employee for review under signature;
- if the part-time refuses to sign the order, then the corresponding act is formed;
- after 14 days of mining, an order to terminate cooperation is formed;
- if a person is accepted for the main position, then the relevant information is indicated in the order form in the form of T-8.
It is important to correctly execute all documents when leaving in combination. The work book should contain information that the citizen was dismissed from an additional position. The reason for the termination of the relationship is indicated.
What are the benefits assigned?
When a part-time worker is dismissed, certain money is necessarily paid to the specialist. These include the following payments:
- salary for the entire worked period;
- vacation compensation;
- severance pay in the amount of average monthly salary with a reduction.
Payments are made on the last day of work. On the same day, a work book is issued containing a record of part-time dismissal.
Conclusion
Part-time workers work at once in several companies, so the procedure for their dismissal is slightly different from the termination of employment with other employees. It is important to understand the rules of notification and preparation of documentation for termination of the employment contract.
The dismissal may be initiated by the employee or employer. The procedure must be carried out in the correct sequence of actions, otherwise the employer may be held accountable.