Articles TC when leaving a job. Documentation of dismissal

The dismissal of an employee can occur for various reasons: at his own request, at the initiative of the employer, or by mutual agreement. And sometimes the need to leave work arises due to unforeseen circumstances. In all situations, there are standard procedures that the employer must adhere to. But there are also features related to the grounds for dismissal. Failure to comply with the law upon termination labor relations can lead to unpleasant consequences for both parties.

Dismissal of an employee under the Labor Code of the Russian Federation

The dismissal of employees is regulated by law. Chapter 13 of the Labor Code of the Russian Federation lists the grounds for dismissal. In abbreviated form, their list looks like this:

expiration of the employment contract (Article 79);
own wish employee to terminate the employment relationship (Article 80);
the employer's initiative to terminate the employment contract (Article 81);
mutual consent to terminate contractual obligations (Article 78);
liquidation of an enterprise, reorganization, reduction of staff (Article 83);
non-compliance with the rules for concluding a contract (Article 84).

An employment contract can be concluded on an indefinite basis or for a specific period. Fixed-term contract terminates automatically. If it has a fixed end date, then everything is simple. But it happens that a contract is drawn up to perform the duties of a temporarily absent employee. Then it will cease to operate from the moment that employee exits.

The procedure for ending contractual employment relations by mutual agreement of the parties speaks for itself. In this case, the employee is entitled to payments (salary, compensation for unused vacation, bonuses, allowances).

Dismissal at the employee's own request is considered common, required condition of which - a written warning from management 2 weeks in advance.

The manager has grounds for terminating contracts with employees due to systematic violations of labor regulations, being drunk in the workplace, or inadequacy of the position held. But he can fire workers without their fault. The reasons for this are liquidation, reorganization of the enterprise, staff reduction, forced shutdown production process. At the same time, employees retain the payments and compensations required by law. Absence Money in company accounts is not a basis for dismissing employees without due settlement payments.

General procedure for dismissing employees

Dismissal begins with determining the grounds. The procedure, rules for processing documents, and in some cases, the amount of payments will depend on this.

The general procedure includes:

Notification of impending dismissal by an employee or employer.
Preparation of supporting documents for the order.
Issuance of a dismissal order.
Drawing up a note-calculation for the accounting department.
Making entries in the employee’s personal card and work book.
Issuance of pay to the dismissed person, work book and other documents.

Video: main stages of dismissal

Dismissal on the employee's own initiative

Dismissal at the request of an employee begins with him writing a statement. It is signed by the manager, giving permission to terminate the employment relationship. A point worth paying attention to is the date of dismissal.

The wording of the date of dismissal in the application must be extremely clear, specific, and understandable. For example, I personally wrote: “I ask you to resign at your own request on December 28, 2017.”

The application must include the date from which the person asks to be fired.

The next step is an order, which is drawn up by the personnel officer and signed by the manager and the dismissed employee.

On the order, the employer signs approval for dismissal with or without two weeks of work.

In the order of dismissal at one's own request, clause 3 of part 1 of Art. is indicated as the basis. 77 Labor Code of the Russian Federation On the last day worked by the employee, he is given a work book with a record of termination employment contract with the obligatory indication of the basis (articles of the Labor Code of the Russian Federation). In addition, the employee receives the required payments,

medical record

, certificates of wages and income, information about personalized accounting.

The correct wording of the entry in the work book includes the date, basis and number of the order

For an employee, severing employment relations through agreement is beneficial from all sides. Firstly, the dismissal period is agreed upon immediately. Secondly, the agreement can establish compensation payments. Thirdly, the employer will provide characteristics for the next job. Finally, the employee will receive a neutral wording for the entry in the work book. In a new place you won’t have to explain the reasons for leaving the previous one.

For the employer, such termination of the employment contract also has more advantages. Firstly, there is no need to endorse the employee’s resignation letter. Secondly, there is no need to notify the employee in advance about the upcoming dismissal. Thirdly, a person can be fired on this basis during a period of incapacity for work and while on vacation.

Personal experience of dismissal by agreement of the parties confirms that the wording of the grounds (article of the Labor Code of the Russian Federation) is truly neutral. Questions from new employers disappeared after the interview. But the dismissal was due to failure to complete the probationary period. This means that resigning by agreement is sometimes even beneficial.

You can agree to terminate the contract through oral or written negotiations. In the latter case, a proposal is written from the employer or employee to terminate the contractual relationship.

A proposal to terminate the contract can come from both the employee and the employer

After reaching a compromise, a separate agreement to terminate the contract is drawn up. It specifies the amount of compensation payments and the conditions for severing relations. A properly drafted agreement will protect the parties from undesirable consequences.

The text of the agreement on termination of the employment contract may contain a condition for payment of compensation

Dismissal at the initiative of the employer

Termination of an employment relationship at the initiative of the employer is not an easy matter. There are reasons that will allow you to fire an unwanted employee. These include:

absenteeism;
the employee’s inadequacy for the position held (attestation is required);
systematic failure to fulfill labor duties;
gross violation of labor duties;
appearing in an inadequate state at work;
loss of trust as a result of careless attitude towards the property of the enterprise;
disclosure of trade secrets;
theft (confirmed by a court decision).

Each violation must be recorded in a document. The employer's obligation is to request written explanations from the violator. And only if they are not received or they turn out to be unsatisfactory, the person can be dismissed with a corresponding entry in the work book. Based on documents documenting the violation, a dismissal order is issued. Such an employee is not entitled to compensation payments, however, the last month’s salary and compensation for unused vacation are paid in full.

The order for the dismissal of an employee due to his fault lists the grounds - documents confirming the fact of the violation

But there are situations beyond the employee’s control when management has to fire people. These include:

liquidation of the enterprise;
reduction in numbers, staff;
forced termination of the organization's activities.

The dismissal algorithm for layoffs and liquidation includes:

issuing an order regarding the upcoming reduction in numbers/liquidation;
written warning to employees of dismissal at least 2 months in advance;
warning to union members;
notification of the local labor exchange;
issuing dismissal orders;
entries in personal cards and work books of employees;
calculation of employees and issuance of work books to them on the day of dismissal.

The only difference between dismissal due to reduction is that the employer is obliged to offer the employee vacant position, if there is one at the enterprise. Dismissal due to reduction is carried out under clause 2 of part 1 of Article 81 of the Labor Code of the Russian Federation, in case of liquidation - under clause 1 of part 1 of Article 81.

Familiarization of employees with orders is a mandatory formality. If you do not want to sign the order, the personnel officer makes a note.

Employees must be familiar with notifications against signature

Forced closure of a company's activities occurs by decree judiciary. In this case, the dismissal of employees occurs in stages:

a decision is made to force the company to close;
a plan for the procedure to be performed is drawn up;
a plan for layoffs of staff is being formed;
employment services are notified;
employees and union members are notified 2 months in advance;
the required package of documents is prepared and executed;
payments are made to employees.

If a company is forced to close, all employees without exception, including pregnant women and minors, are subject to dismissal.

Payments upon dismissal

Regardless of the grounds for dismissal, the employer is obliged to pay the employee off within the established time frame and pay the required compensation upon termination of employment contracts.

An employee who writes a resignation letter is entitled to:

wages for days worked;
bonuses provided for by the internal legislation of the company;
compensation for unused vacation;
other compensation payments specified in the collective agreement.

Retrenchment of an employee in accordance with Article 178 of the Labor Code of Russia involves the payment of severance pay in the amount average monthly earnings and conservation wages for a maximum of three months.

Dismissal of seasonal workers in accordance with Article 296, Part 3 of the Labor Code of the Russian Federation retains their right to receive compensation in the amount of two weeks' earnings. But workers who have entered into contracts for a period of up to two months are not entitled to benefits. This is discussed in Article 292, Part 3 of the Labor Code of the Russian Federation.

Article 307 part 2 and article 347 part 2 of the Labor Code of the Russian Federation give private entrepreneurs and religious organizations the right to determine the amount of benefits for dismissed employees.

The employee will receive the full payment on the last working day along with the work book, a copy of the dismissal order, and salary certificates. The excuses from management, accounting, and personnel officers regarding estimated payments on payday are unfounded and illegal. Delay in compensation payments entails troubles for the company and penalties.

The employer’s obligation is to issue the dismissed employee with a paycheck and a work book on the last day of work.

Work upon dismissal

The Labor Code of the Russian Federation sets out the deadlines that an employee must adhere to when submitting an application for dismissal. In general, this is 2 weeks. By agreement with the employer, the period may be a shorter number of days, up to the day of dismissal.

Exist different terms forced service before dismissal. They depend on the category of employees. Thus, the period of service for managers is 1 month. Workers at probationary period, seasonal and temporary workers submit applications 3 days in advance, respectively, work is the same number of days.

There are possible options for dismissal without required work. These include:

employee retirement;
a summons from the military registration and enlistment office to conscript an employee into the army;
employees enrolled in full-time studies at universities, institutes and other educational institutions;
workers whose labor and human rights are violated by company management;
employees who received positions through competitions to fill vacant positions in state and municipal organizations.

During the working period, the employer looks for a replacement for the resigning employee, and the latter, in turn, considers the decision. If the initial desire to quit is canceled, he can withdraw the application and remain working in his previous place.

If an employee neglects the manager’s demands for time off, the latter has the right to fire him for absenteeism by drawing up an absence from work report. Make an appropriate entry in your work book.

Sometimes situations arise when there is no desire to work 14 days, relationships with superiors are damaged, or health does not allow it. Labor legislation officially provided the following options:

carefully read the employment contract and additional agreements to it. It may be that the employee is allowed to resign on the day the application is submitted;
take leave for the duration of your work and then resign;
take sick leave and present it after illness.

Video: when dismissal without working is possible

Options for appealing illegal dismissal

Often, employers are arbitrary in dismissing employees. The labor legislation of the Russian Federation strictly regulates and controls such facts. Among the mistakes in the dismissal algorithm, HR officers make the following:

an entry is made in the work book for a non-existent article;
do not draw up appropriate documents confirming the employee’s guilt upon dismissal at the initiative of the employer;
violate the procedure for familiarizing employees with orders;
They make mistakes in payment documents and delay payment deadlines.

In case of illegal dismissal, the employee has the right to challenge management's decision. To do this, you need to write an application to the supervisory authority - the Labor Inspectorate. Documents required for this:

citizen's passport;
information about the organization: address, telephone numbers, full name of the head.

Having accepted an application from an employee, Labour Inspectorate must begin a fact-check. If illegal dismissal is confirmed, a verdict is rendered in favor of the employee. The employer is forced to:

revoke the dismissal order;
reinstate the employee;
pay for unworked days (forced absences);
recalculate increased salaries during absence;
dismiss the employee hired for the vacated position;
pay compensation for moral damage.

If you cannot restore the employee’s rights in this way, contact the courts. The court will resolve the current situation through a court hearing. The initial stage is filing a claim for reinstatement and reimbursement of funds. Along the way, it is necessary to collect evidence of the manager’s unlawful actions: orders, contracts, statements, settlement documents.

The statement of claim describes the employer’s illegal actions and indicates the employee’s demands against him

Having discovered the fact of illegal dismissal under the labor legislation of the Russian Federation, the court will make a decision and bring the manager to administrative and disciplinary liability, with removal from office for up to three years and payment of fines of up to fifty thousand rubles. If the employee’s goal is not reinstatement, the court will order the employer to change the grounds for dismissal by making an appropriate entry in the work book.

Arbitrage practice

In February 2018, the district court Kirovsky district Tomsk, the claim of Morozov V.O. against Information and Consulting Agency LLC was considered. The employee demanded that the dismissal be declared illegal, reinstated, compensation for forced absences in the amount of the salary for each day and compensation moral damage in the amount of 25,000 rubles. Morozov referred to the fact that on the day of signing the notice of forced dismissal he was on sick leave and confirmed this with a certificate. In addition, he asked the court to take into account his difficult life situation: an apartment taken on a mortgage, bank demands for the return of funds, the inability to find new job because of negative reviews previous employer. Morozov V.O. agrees to another job proposed by management. The consulting company itself did not offer any vacancies.

Company representative at court hearing verbally confirmed the fact of dismissal due to staff reduction. However, he did not provide any documents. Staffing table was compiled incorrectly. In addition, the court established the existence of three positions in which part-time workers work.

By the way, similar facts exist in many organizations. So, for example, postal workers work for three people, but for a third of each salary. As a result, they receive the salary of one employee. I wonder where the resulting savings go?

A company representative, citing conflictual nature dismissed, said that the management did not consider it necessary to offer free rates. And the position that was cut turned out to be unnecessary. Responsibilities were transferred to another department.

The court, having carefully listened to the arguments of both sides of the process, considered the actions of the employer who did not offer the dismissed person a vacancy unlawful. As a result, it was decided to satisfy the claims of V.O. Morozov: to recognize the dismissal as illegal, to apply for a vacant position, to pay moral damages in full, to pay for forced absences based on the average daily earnings for each day.

All issues related to labor relations in Russian Federation, are regulated by the Labor Code of the Russian Federation. Dismissal from work is inherently the termination of the employment contract.

It is widely believed that dismissal means that an employee is fired on the initiative of the administration of the enterprise or institution where he works for some offense (absenteeism, failure to fulfill work duties, systematic tardiness, etc.).

The Labor Code interprets dismissal as termination of employment relations:

at the initiative of one of the parties, that is, it can be either your desire or the order of the employer;
by agreement of the parties, when, for example, some working conditions are not satisfactory and the manager cannot change them;
in some cases, dismissal may occur due to prevailing circumstances that do not depend on your desire and the will of the head of the enterprise or institution.

In what cases the dismissal of an employee does not violate the norms of labor legislation is stipulated in the thirteenth chapter of the Labor Code of the Russian Federation. The Labor Code of the Russian Federation considers all the grounds on which employment agreements can be terminated, but there are cases when dismissal occurs on the basis Federal laws Russian Federation, and in some cases - under the conditions stipulated by the employment contract.

Dismissal under an article of the Labor Code of the Russian Federation is most often a forced measure if it occurs on the initiative of the employer. So, for reasons beyond the control of the manager, you will be fired under Article 81 of the first part of the Labor Code of the Russian Federation upon liquidation of the enterprise where you work, and this is also possible due to staff reduction.

Moreover, this is possible both when working in government agency, and if you work in a private enterprise, in the event that the enterprise is declared bankrupt, and the entrepreneur who is the founder of the company has died. That is, the enterprise may be completely disbanded, or the management may completely change.

In cases where there is a change in the head of the company, persons may be released from their positions, in accordance with clause 4 of Art. 81 of the Labor Code of the Russian Federation relating specifically to the management of the enterprise. These include deputy chief executives, Chief Accountant and his deputy. This clause does not apply to other workers.

If you look at it, all dismissals occur for some reason. Articles 77 – 84.1 of the Labor Code of the Russian Federation provide for all legal grounds for termination of employment relations and dismissal.

The procedure for voluntary dismissal in 2017 differs from the previously valid dismissal under Article 31 of the Labor Code of the Russian Federation. According to the Labor Code, dismissal at your request could only take place if there were compelling, justifiable reasons. They were equated to: serious illness, permanent loss of disability and assignment of a disability group, or if the employer grossly violated the terms of the employment contract.

Grounds for dismissing an employee

The reasons why you are fired from the enterprise or institution where you work must be justified. It doesn't matter whether you quit voluntarily or were fired for absenteeism. Let's consider the general grounds for dismissal provided for by the Labor Code of the Russian Federation in Article 81, when you are fired without asking your wishes:

In case of termination of the enterprise's activities and its liquidation. Based on in this case there will be a court decision declaring bankruptcy of the enterprise.
When reducing the number of employees, which may help the enterprise emerge from the current crisis at the stage of bankruptcy or its reorganization.
Inconsistency of the employee with the position held. These conclusions can only be made by the enterprise certification commission.
Change of ownership of the enterprise (applies to privately owned enterprises and companies). Dismissal usually concerns management personnel. A new manager, as a rule, changes his deputies and chief accountant; this has nothing to do with workers.
For systematic violation labor discipline. That is, having, for example, been reprimanded for being late, the employee continues to be late for work.
For absenteeism, which equates to absence from work for more than four hours. Absenteeism can be confirmed by a report drawn up in the name of the head of the enterprise, a workplace inspection report signed by a representative of the HR department and several employees.
Drunkenness in the workplace. Being drunk at work is documented by a medical examination. If an employee refuses to undergo an examination, a corresponding document is drawn up signed by witnesses. Appearing while intoxicated must be documented so that the fired person does not subsequently file claims for illegal dismissal and, in the absence of documents, is not reinstated at work.
Theft or disclosure of official secrets not intended for distribution is fraught with dismissal by order (instruction) of the head of the enterprise (institution or organization).
For failure to comply with basic labor safety rules, which entailed significant consequences both for the enterprise and for other employees.
For significant losses caused to the enterprise as a result of the employee’s activities.

When an enterprise is sometimes “scared” of dismissal under Article 33, it should be noted that Article 33 of the Labor Code of the Russian Federation does not provide for dismissal at all. From old memory, although the Labor Code of the Russian Federation came into force in 2002, people who worked previously remember that the Labor Code of the Russian Federation provided for dismissal for absenteeism, drunkenness, and other disciplinary violations precisely under Article 33, that is, it is assumed that you will be fired with a negative record in work book, which is not very conducive to further employment. Therefore, often, in order not to spoil the reputation, so to speak, Article 78 of the Labor Code, when dismissing a negligent employee, helps to dismiss him by agreement of the parties.

Do not forget that today it is impossible to fire someone by referring to the Labor Code of the Russian Federation. Now all the grounds provided for by the Labor Code of the Russian Federation for dismissal under Article 33 are defined in Article 81 of the Labor Code of the Russian Federation.

When dismissed by order of the head of an enterprise (institution), persons who:

are on vacation (regular, maternity, free);
absent due to training or business travel;
are undergoing treatment (both outpatient and inpatient).

The Labor Code enshrines dismissal on the initiative of an employee in the first part, paragraph 3, of Article 77, which provides for dismissal on your initiative with notification to the employer 14 days before leaving. If you have an employment contract for a certain period, you need to notify your superiors three days before your dismissal so that there is time to find a replacement.

The main conditions for voluntary dismissal should be your will and what is written in writing a statement that will serve as the basis for dismissal.

In addition to the above reasons for dismissal, there may be many more:

expiration of the employment contract;
transfer to another place of work;
conscription into the country's armed forces;
a ban imposed by the court from holding certain positions, and so on.

Most importantly, do not forget that all dismissals must be documented and the entry in the work book about the dismissal must have a link to a specific article of the law.

Documentation of dismissal

The Labor Code of Russia in Article 84.1 establishes the procedure for how to correctly formalize dismissal, so that later there will be no doubt about the legality of termination of the employment relationship.

First of all, writing a dismissal order is preceded by drawing up documents that are the basis for terminating the employment relationship. This includes a statement from the employee himself, a memo (if he is dismissed for violations), a commission’s conclusion about the inadequacy of the position held, and the like, depending on the reasons for which the employee is leaving. Based on the available documents, an order (instruction) is issued signed by the head of the enterprise (institution).

The dismissed employee must be familiarized with it and sign it. In cases where it is not possible to familiarize yourself with the order, for example, in the event of the death of an employee, or he refuses to sign, the HR department employee makes a corresponding entry on the order itself. The last day of work is the day of dismissal.

A work book with a record of dismissal is issued to the employee on the last day of his work. All payments are made to him on the same day. If necessary, and with a written statement from the dismissed employee, he may also be given documents related to the enterprise from which he was dismissed and his work activities.

Such documentation includes: an order for hiring, transfers during work, certificates of average wages, calculation of insurance premiums, and others.
If a dismissed employee refuses to pick up his work book, or is simply absent, a written act is drawn up, signed by three witnesses.
To prevent the head of the enterprise from being held accountable for the delay in issuing a work book, a letter is sent to the dismissed person ordered letter with a notice in which the administration of the enterprise asks to come to the personnel department for documents or to give permission to send documentation by mail. The corresponding entries are made in the personal card of the dismissed employee in the T2 form, in the time sheet and in all accounting documents.

Benefit payment

Art. 178 of the Labor Code of Russia provides for the payment of benefits upon dismissal of employees:

In connection with the liquidation of an enterprise or a reduction in staff, the benefit is paid in the amount of one month’s salary, and the average salary continues to be paid for a maximum of two months until employment.
In case of violation by the manager of the working conditions provided for in the employment contract.
When releasing deputy managers and chief accountants from their positions in cases of change of owner of the enterprise.
A benefit in the amount of two weeks' earnings is paid if the employee is dismissed due to refusal to transfer to another job for health reasons, or the manager is unable to provide working conditions according to a medical report due to health reasons.
The employee refused to be transferred to another location.
Due to changes in working conditions.
If the employee is completely unable to work.
Conditions changed labor agreement under which he was hired.

In addition, the employer can increase the list of those who are paid severance benefits and the amount of these benefits. It is mandatory to pay for unused vacation days (vacation compensation) upon dismissal and the actually worked days of the month in which the employee leaves. If there is arrears of wages, they must also be paid on the last day of work.

According to Article 80 of the Labor Code, voluntary dismissal occurs at the initiative of the employee due to various reasons: a new offer, relocation or other circumstances. This procedure for terminating a contract is today considered one of the most conflict-free. The reason is that, unlike the case at the initiative of the employer due to absenteeism or layoff, no arguments, special procedure or payment of increased compensation are required. Although the dismissal procedure is simple, it still has its own rules.

Under what article are people fired at their own request?

Article 80 of the Labor Code of the Russian Federation (LC RF), entitled “Termination of an employment contract at the initiative of the employee (at his own request),” discusses in detail the procedure and rules of this procedure. They relate to the reasons, timing of the application and cases of termination of work before the expiration of the notice period. In addition, the article contains information regarding the withdrawal of an application.

The procedure for dismissal at will

Any employee, including a pregnant woman, according to paragraph 3 of Article 77 of the Labor Code of the Russian Federation “General grounds for termination of an employment contract,” has the right to resign on his own initiative due to various circumstances. To do this correctly, it is important to know the specifics and rules for terminating an employment contract. This way, conflicts with the employer and other problems that will delay the process for a long time will not arise.

Terms of dismissal

According to the general rule of Article 80 of the Labor Code of the Russian Federation, an employee must notify the employer of dismissal in writing by submitting an application addressed to him 2 weeks before the expected resignation. This period begins to count the next day after registration of the petition. It is important that the application is registered, otherwise the work period may be delayed. Other rules for dismissing an employee at his own request:

the two-week period can be canceled by written agreement between the employee and the employer;
the law does not oblige the employee to be at work during these 2 weeks (you can go on vacation or sick leave);
the general rule of two-week work has exceptions (during the probationary period - 3 days, and for leadership position- 1 month).

The manager does not have the right to refuse an employee. If this happens, then the employee should know that this is a violation of the law by the employer. Then the application is drawn up in standard form and is sent by mail with acknowledgment of delivery. This way you will know that the employer has received the documents. After 2 weeks you can stop working in the organization. After this period, the employee must be given a work book and a paycheck. Otherwise, he has the right to contact the inspectorate that deals with such illegal situations and labor disputes.

Application for resignation

The first thing an employee must do is submit a resignation letter on his own initiative 2 weeks before leaving. The countdown for this period will begin the next day. The law does not define the exact requirements, but it should specify several important points:

Last name, first name, patronymic and position of the manager, name of the organization.
Last name, first name, patronymic of the applicant, i.e. the employee himself.
The text of the statement itself. Includes a request to be dismissed from your position a certain number(it is better to write, for example, “August 1”, and not “from August 1”). If necessary, indicate the reason for termination of the contract.
At the end there is the date of submission of the application, signature and transcript.

Labor legislation allows you to withdraw your request. This is done in the same form as an application for dismissal at the initiative of the employee. The manager has the right to refuse:

if the resigning employee’s place has already been replaced by another person who, by law, cannot be denied a job;
if the employee went on vacation (he should have withdrawn the application before the start of the vacation).

Reasons for dismissal

According to the Labor Code of the Russian Federation, the following cases are considered valid reasons for preserving an employee’s length of service:

reaching retirement age;
the need to move;
some diseases;
beginning of studies at a higher or secondary specialized institution;
caring for a sick family member;
violation of the employment contract by the employer.

It is not necessary to indicate a reason unless it is the basis for any compensatory monetary payments or the cancellation of the period of compulsory service. In general, you should just write “I ask you to fire me of your own free will.” Additionally, you can indicate the reason - “in connection with retirement.” The formulations of other circumstances are drawn up in the same way.

Order of dismissal

If the application for resignation of one’s own free will does not have a clear sample, then the order on it is drawn up according to the T-8 form established by law. It is published in 2 copies, one of which remains in the accounting department for calculating material payments. An order for voluntary dismissal is issued with certain details, such as:

code according to the All-Russian Classifier of Management Activities (OKUD) – 0301006;
code according to the All-Russian Classifier of Enterprises and Organizations (OKPO) - it is different for each company;
name of company;
the text of the order itself;
Date of preparation.

Working period

The standard working period is 2 weeks. It starts the day after the application is submitted. But this period is not always maintained. You may not work for 2 weeks if:

the employer does not see the need for this;
the employee has good reasons– enrollment in full-time studies, urgent relocation, becoming a pensioner);
the employer violated the employment contract;
the employee is on sick leave.

Vacation before dismissal

An employee has the right to resign on his own initiative even during or before vacation. The application in this case is written in the same form. More often it contains the phrase “I ask to be granted leave with subsequent dismissal at my request.” In accordance with Article 127 of the Labor Code of the Russian Federation, the last working day is considered the last day of vacation. In this case, you do not need to work 2 weeks.

List of documents upon dismissal of one's own free will

The employee only needs to submit a letter of resignation. In return he will be given official documents from the following list:

employment history with an entry on the grounds for dismissal issued by the personnel department;
certificate 2-NDFL, confirming the amount of income received and withheld personal income tax;
certificate of payment of wages for the last 2 calendar years;
information about payments and other remunerations, about the insurance experience of the insured employee.

Rights upon dismissal at will

Each party has its own rights. This is an opportunity for the employee to withdraw the application at any time. The employment contract remains in force unless the employee is fired on the last day. The employer has the right to demand that he fully perform his duties up to the point of dismissal. If the manager violates the employment contract, the employee may not work for 2 weeks, but only if he could prove this in court.

Calculation upon dismissal at one's own request

It must be made on the day of dismissal, i.e. the last worker after 2 weeks of work. The final settlement includes payment of all amounts due to the employee. These include:

wage;
compensation for unused holidays;
payments under an employment or collective agreement.

Dismissal on sick leave

An employee can submit an application even if the date of dismissal falls during a period of temporary disability. The employer has no right to change it. After the 2-week period, management makes a calculation and issues an order noting the employee’s absence. You can come for documents and amounts due at any time. The only condition for the dismissal procedure is that temporary disability benefits are assigned within 10 days after the sick leave is granted. It will be paid on the next payday.

On holiday

All calculations in this case and the issuance of a work book in this case are made on the last working day before the vacation. The employee writes a letter of resignation of his own free will under the same conditions. In addition to wages, the employee must be given vacation pay. Compensated payment for unused vacation is already excluded. An employee can receive it if he refuses to be given rest.

After vacation

If an employee has already used vacation and decided to quit after it, then he will have to work 2 weeks on a general basis after writing the application. Payments in this case are the same as when leaving work at any other time. They include wages and benefits under an employment or collective agreement. If the application was submitted before the vacation with a notice of dismissal after it, then the calculation is made on the last working day. Then they issue a work book. If the vacation was provided in advance, then the amount of overpaid vacation pay in the amount of 20% is withheld from the dismissed person.

After sick leave

If an employee cannot continue to work after the end of the period of incapacity, then in the application he refers to this reason and confirms it with documents. In this case, he can be fired on the same day with payment made and the issuance of a work book. The person receives compensation for unused vacation, salary and benefits sick leave.

One day dismissal

If the employee is unable to continue working, the organization is obliged to terminate the contract with him within the period specified in the application. To do this, you need to provide supporting documents, for example, a certificate from a medical institution about illness, from an institute about admission, etc. Writing an application, drawing up an order and familiarizing yourself with it in case of early dismissal takes place in one day. Payment can be made no later than the next day, including salary and compensation payments for vacation.

How to resign of your own free will

It is important for an employee to know that he has the right to resign at his own request, and the employer cannot refuse to accept an application. It is important to do everything according to the instructions so that there are no disagreements. The procedure on how to resign correctly includes several stages:

Writing an application. An employee who decides to take such a step must submit an application to the director within a certain time frame, indicating, if necessary, the reason for his departure.
Issuance of an order. After registering the application (you must follow this, and it is better to make a copy for yourself), an order will be generated. It is drawn up in a standard unified form. The employee must familiarize himself with the order and put his signature on it.
Dismissal. The employer makes a corresponding entry in the work book, and the employee signs for it in his personal card. At the same stage, a full calculation is made based on Article 140 of the Labor Code of the Russian Federation.

How to fire an employee at your own request

The employer must sign a letter of resignation. Next, you need to fill out an order in the T-8 form, which you must familiarize the employee with. After this, the HR and accounting department clarifies information about the period worked in the current month, the provision of vacation, sick leave period and other information necessary for calculating compensation. On the day of dismissal, a labor certificate is issued indicating the reason for dismissal and the funds due are paid.

Video

(in other words, at the initiative of the employee) is one of the most common grounds for termination of an employment contract. The initiative to terminate the employment relationship comes from the employee and does not imply its approval by the employer, because a person cannot be forced to work against his will. However, even when resigning at your own request, certain rules must be followed.

The procedure for dismissal at will

The procedure for dismissal at will involves, first of all, the employee writing a letter of resignation. The application indicates the date of dismissal and its basis (“at one’s own request”), it must be signed by the employee indicating the date of preparation.

Indicate in the application reason for voluntary resignation not necessary. However, if circumstances require you to resign, then the reason must be indicated, and HR employees may ask you to document it. In other cases, the phrase “I ask you to fire me at your own request on such and such a date” is sufficient.

After the resignation letter has been submitted to personnel service, is compiled dismissal order. Commonly used unified form such order (), approved by Resolution of the State Statistics Committee dated January 5, 2004 No. 1. The order must make a reference to the Labor Code of the Russian Federation, as well as provide details of the employee’s application. The employee must be familiarized with the dismissal order against signature. If the order cannot be brought to the attention of the dismissed person (he is absent or refused to familiarize himself with the order), then a corresponding entry is made on the document.

Timing of voluntary dismissal

According to the general rule, enshrined in, the employee must notify the employer of the upcoming dismissal no later than two weeks in advance. This period begins the day after the employer receives the resignation letter.

However, the so-called two-week working period can be reduced by agreement between the employee and the employer. In addition, the law does not oblige the employee to be at the workplace during the period of notice of dismissal. He can go on vacation, sick leave, etc., while terms of dismissal will not change.

There are statutory exceptions to the general rule of two-week work. Thus, if you are dismissed during the probationary period, the notice period for dismissal is three days, and if the head of the organization is dismissed, it is one month.

Calculation upon dismissal at one's own request

Calculation upon dismissal at one's own request, as well as for other reasons, must be made on the day of dismissal, that is, on the last day of work. Calculation of severance involves the payment of all amounts due to the employee: wages, compensation for unused vacations, payments provided for by the collective and labor agreement. If the dismissed employee used vacation in advance, the paid vacation pay is recalculated, and the corresponding amount is deducted from the salary upon final payment.

If an employee was absent from work on the day of dismissal and was unable to receive a payment, he has the right to apply for it at any other time. The amount due to him must be paid no later than the next day after the application.

Dismissal at your own request during the vacation period

Resign at your own request during the vacation period the law does not prohibit. Such a prohibition is provided only for dismissal at the initiative of the employer. An employee has the right to write a letter of resignation while on vacation, or to include the date of proposed dismissal during the vacation period.

If an employee wants to submit a letter of resignation while on vacation, there is no need to recall him from vacation

An employee can also resign of his own free will after using his vacation. Please note that granting leave followed by dismissal is a right, not an obligation, of the employer. If such leave is granted, the day of dismissal is considered to be the last day of leave. However, for the purposes of settlements with the employee, the last day of work in this case is the day before the start of the vacation. On this day, the employee should be given a work book and all necessary payments. This is a kind of exception to the general rule given, confirmed.

Dismissal at will while on sick leave

Quit voluntarily while on sick leave Can. prohibits such dismissal only at the initiative of the employer.

An employee has the right to apply for dismissal during a period of temporary incapacity for work. A situation may also arise when the previously agreed upon dismissal date falls on the sick leave period. In this case, the employer will formalize the dismissal on the day specified in the resignation letter, provided that the employee has not withdrawn this application. The employer does not have the right to independently change the date of dismissal.

On the last day of work, even if it falls on sick leave, the employer makes the final payment and issues a dismissal order, in which he makes a note about the employee’s absence and the impossibility of familiarizing him with the order. The employee will come for the work book after recovery or, with his consent, it will be sent to him by mail. All amounts due to the employee will be paid to him

Dismissal is a procedure carried out by the personnel department of an organization aimed at terminating the employment relationship. In this case, the contract is terminated, which means that the general rights and obligations of its participants are annulled. The procedure for terminating a relationship is described in detail in the articles Labor Code of the Russian Federation .

Labor Code of the Russian Federation with comments - dismissal

The subject of regulation by the Labor Code of the Russian Federation is all social relations related to labor issues. This law consists of sections, each section is devoted to a particular issue of relations. The table of contents helps you quickly find the required rule of law and navigate the issue at hand. When referring to the Labor Code, you need to pay attention that the edition is the latest and current, since the norms of legislation in this area are periodically subject to changes and additions. More detailed answers to the questions under study can be found in the Labor Code with comments.

By the way, how dismissal at one's own request without working off (new amendments of 2018) is formalized is described.

The procedure for dismissal under the article of the Labor Code of the Russian Federation

The Labor Code of the Russian Federation determines the procedure for terminating the contract. Chapter 13 is devoted to the dissolution of work-related relationships. Labor Code of the Russian Federation. There are several grounds for termination, and each ground is set out in a separate article of the code. There is a single order, but despite this, for each basis certain features may occur. Under all circumstances, the day of dismissal is the last day of work. On this day, an order is signed, all material property for which the employee was responsible is surrendered, the dismissed person receives a work book and other documents due to him.

If it is impossible to hand over a work book, the person being dismissed is sent a letter stating the need to come for it or write consent to send it by mail. With such consent, the work book is sent to the employee no later than three days. Also general rule is a mandatory payment by the employee on the day the order is signed. The issue is relevant, since it is not uncommon for citizens to go to court in order to compensate for damages when they do not receive money upon dismissal.

Article 77 of the Labor Code of the Russian Federation deserves special mention; the grounds for dismissal are absenteeism, with an entry in the labor record (a sample is available in the material).

Articles of the Labor Code of the Russian Federation on dismissal

Article 77 – general grounds for termination of an employment contract

All grounds for termination of an employment contract can be divided into groups:

when the employee initiates, i.e. makes a written request for dismissal;
when initiated by the employer. This group includes staff reduction, liquidation of an institution, absenteeism, appearing at work while intoxicated, gross violation of discipline, inadequacy for the position held, etc.;
when the parties jointly reached a decision on dismissal;
when the termination of the contract is facilitated by external circumstances, for example, conscription into the army;
other reasons. These include: expiration of the contract, refusal to transfer the employee, violation of the rules for drawing up the contract. Download the text of Article 77 of the Labor Code of the Russian Federation .

Article 78 – termination by agreement of the parties

Art. 78 Labor Code states the grounds for dismissal - by mutual agreement. This basis means that the employee and employer have mutually agreed on the need for such a decision. An agreement between the parties is the most harmless basis, because, as practice shows, on such an issue the number of employee appeals to the court for restoration of a violated right is negligible.

Article 80 – termination of an employment contract at the initiative of the employee

The most common reason for dismissal is the employee’s own desire. This question defines Art. 80 Labor Code. In order to resign at will, an employee sends a written request to the organization’s human resources department. A two-week period is established from the moment the application is received until the day the contract is terminated. If the participants were able to agree, then leaving work can be done without working off. If the corresponding order is not signed within this period and the employee does not put forward demands for dismissal, the working relationship continues.

If an employee changes his decision about dismissal during this period, he can ask to withdraw his application, the main thing is that another employee is not invited to fill the vacancy at this time. Thus, Labor Code of the Russian Federation describes in detail the procedure for dismissal for each reason.