home Consultations Labor law procedure for the dismissal of employees. Reasons for voluntary resignation. Dismissal for a single gross violation

Labor law procedure for the dismissal of employees. Reasons for voluntary resignation. Dismissal for a single gross violation

Almost everyone, sooner or later, gets a job. Only a few either do not face employment all their lives, or work for themselves. When there is a desire to terminate the employment relationship with the employer, it's time to remember the rules for dismissal of one's own free will. We are going to study them. If you do not take into account the features of the mentioned operation, you will have to face a number of problems. This applies to both employer and employees. In fact, quitting a job is easier than you might think. Termination of employment-type relationships has many nuances, but all of them are easy to remember. And if you follow the instructions presented below, then everyone will be able to leave their former place of employment on their own initiative.

Law or fairy tale

What are the rules for voluntary dismissal? First of all, let's turn to the current legislation. Can a person really leave work when he wants to?

Yes. The Labor Code of the Russian Federation indicates that all officially working people have the right to be dismissed on their own initiative. This statement is spelled out in article 77 of the mentioned code of laws.

Accordingly, regardless of the position, duration of cooperation and social status, a person has the right to terminate relations with the employer.

Initiative and time

The rules for dismissal at will include many nuances. Current laws indicate that officially employed people can leave their jobs at any time.

What does it mean? You can quit while on sick leave or vacation. Even during the trial period. At the same time, the employer has no right to retain subordinates. The initiative shown by the employee must be documented. And the authorities are obliged to fire a person upon request.

Alert

It is worth remembering that in order to terminate an employment-type relationship, it is necessary to inform about your intentions in advance. In this case, you will have to draw up a letter of resignation of your own free will.

The rules for leaving work state that the form of the said document must be in writing. A similar clause is spelled out in Article 80 of the Labor Code. If the employee did not warn about his intentions, then they cannot be fired. Missing work will be considered absenteeism with all the ensuing consequences.

Warning period

How long does it take to notify the boss of your intentions regarding the termination of relations with him? Everything depends on the situation.

In general cases, it is required to submit an application of the established form 2 weeks before leaving work. But sometimes you can apply with a request for 3 days or even a day. These are quite rare options, which will be discussed later. To begin with, it is worth considering all the general rules for dismissal of one's own free will.

About the request structure

How to write an application for termination of an employment contract with an employer? Even a student can do it. Paperwork is easy - just remember the rules of business correspondence. This type of application has a general structure.

It consists of:

"caps" (in the upper right corner);
denominations;
the main part - requests;
conclusions.

At the end of the document, the signature of the applicant must be affixed. After submitting the request, the employer signs it and issues a dismissal order. Nothing difficult, incomprehensible or unusual. Especially if the parties act according to the law and do not interfere with the exercise of rights under the Labor Code.

The rules for dismissal at the employee’s own will necessarily take into account the peculiarities of writing an application in the established form. We got acquainted with the structure of this paper. But that is not all.

Now it is worth paying attention to the content of the paper. The application contains the following information:

Full name of the applicant;
a request for dismissal;
date of termination of the relationship;
information about the employer;
the name of the company where the person works.

There is no need to explain the reasons for your decision in the situation under study. The main part of the request often fits into 1 sentence: "I ask you to fire me from ... at your own request."

Working off

After a citizen has filed an application for termination of employment, the so-called working off begins. It lasts 14 days. This is the time when a person still has to work. Usually, during the period of working off, the employer is looking for a replacement for the subordinate, and also prepares all the documents necessary for the operation. This time period has its own characteristics.

The rules for voluntary dismissal in Russia state that it is possible to negotiate dismissal without working off with the employer. In this case, the reason can be absolutely any, its respectfulness is assessed by the employer. Later, we will look at legal ways to dismiss without working off.

On the day you leave work

Suppose that a person informed the employer about his decision in advance. Application submitted. Now it's working out. What's next?

During this period, the employee performs his duties. The rules for dismissal of one's own free will with working off include the need to pay this time on the day the relationship is terminated. That is, for an employee, the mentioned feature can be a plus.

On the date of termination of the contract, the following occurs:

certain documents are issued to the employee;
settlement is made with a subordinate;
the dismissal order comes into force;
the personal file of the employee is closed.

If on the day of dismissal a person is not in the company, then the calculation is made on the next day after the announcement of the citizen at the workplace. And the issuance of documents is carried out immediately. Upon receipt (under any circumstances), the employee signs in special registers.

About Documents

The rules for dismissal from work at one's own will mainly apply to employers. After all, for an employee, this procedure is not so difficult.

As we have already said, upon dismissal, it is supposed to issue some documents to the former subordinate. These are mandatory:

settlement sheet;
work book.

In practice, now they also draw up a certificate of income in the form of 2-NDFL. This technique eliminates unnecessary problems in the future. For example, if a dismissed employee needs to prove income for the last few years.

All papers are handed over for signature. If the employee refuses to receive certain documents, the employer draws up an act of the established form. It prescribes the fact of notification of the subordinate, as well as his will.

About calculation

What are the rules for calculating the dismissal of one's own free will to remember? There are not so many of them. Especially when it comes to termination of employment relations with an ordinary employee.

When leaving work, a citizen has the right to:

pay for hours worked;
compensation for unused vacation.

In some cases, additional payments may be possible. They take place if the relevant clauses are spelled out in the employment contract. As a rule, most employers do not favor their employees with such bonuses. Therefore, according to the law, you can only demand money for unused vacation days and payment for hours worked.

Calculation features

In 2017, the rules for voluntary dismissal did not change at all. The calculation is provided according to general principles.

What to pay attention to? For example, the following features:

If the vacation is 28 days, then each full month of work of the employee is equal to 2 days of "rest".
A person worked for six months and decided to quit? You can claim compensation for vacation only 12 days in advance. And only on condition that this period has not been used before.
When receiving incomplete vacation days, rounding up to full days occurs.

Perhaps that's all. As a rule, every accountant should be familiar with such features. Otherwise, the dismissed employee may demand penalties and compensation for incorrect calculation. And this, as you might guess, is an extra problem for the employer.

Step by step how to end a relationship

We have studied the basic rules for dismissing an employee at will. Now consider this operation step by step. It will avoid many troubles.

The procedure for terminating a relationship looks like this:

Filing a letter of resignation for an employee.
Submission of a request to the employer. This must be done at least 2 weeks before leaving work.
Signing the application.
Working off.
Issuing a notice of dismissal.
Entering an entry on the termination of relations in the work book of a subordinate.
Preparing an invoice.
Issuance of documents to the employee.
Signature of a subordinate in the register of receipt of the required papers.
Accounting with a person.
Painting for the money received.
Closing the personal file of a former employee with a dismissal order that has entered into force.
Sending the mentioned document to the archive of the company.

That's all. The rules for dismissal of one's own free will are easy to remember. And perform the mentioned operation too.

Decree and dismissal

Under current law, persons caring for children under three years of age cannot be dismissed at the initiative of the employer. But they have the right to terminate the relationship at any time of their own free will.

In this case, you can warn the authorities about your decision a day in advance. It is forbidden to call a subordinate for training. The calculation rules for dismissal of one's own free will under such circumstances are slightly different from the principles listed earlier.

The fact is that if there is no time worked in a particular billing period, then you can’t count on payments. Decrees don't work. For them, the billing period is 2 years. Often, they are not entitled to any money when they are fired.

pensioners

But that's not all. The next interesting category of subordinates is the elderly. The rules for the dismissal of a working pensioner of their own free will should be remembered by every boss.

An elderly worker can notify about his intentions to leave work 1 day before the idea is brought to life. In fact, he is not supposed to work at all. This principle only applies when a person retires for the first time after reaching retirement age.

Re-employed pensioners will terminate their employment relationship according to general rules. This means that they will have to work out and warn in advance about the refusal of further cooperation.

Chief in the company

What are the features of the rules for the dismissal of the chief accountant of his own free will (or any other member of the company's management)? In general, the process is no different from the previously listed actions.

If it is planned to terminate the employment relationship with the chief accountant, the latter will have to draw up a document on the transfer of his powers and, before leaving work, check the accounting department. Relevant transactions are documented.

The transfer of authority is issued either to a person trusted by management, or to an employee who was decided to be hired instead of a former subordinate.

Probation

We found out the rules for the dismissal of a pensioner at our own request. And the procedure for terminating the contract with the chief accountant too. What to do if a citizen decides to leave work during a probationary period?

He has such a right. Moreover, the subordinate can warn about the decision just 3 days before the dismissal. The rest of the procedure has no special features. The general rules for voluntary dismissal of an employee apply.

Without working off

The time has come to study the most interesting operation - leaving work without working off. As practice shows, this is the option of many employees.

The rules for dismissal of one's own free will without working off include all the features listed earlier. You can get rid of the mentioned period:

asking for sick leave before applying for resignation;
going on vacation.

That is, the employee first writes an application for sick leave / vacation, then - about dismissal. They will not be able to call a citizen to work. It will remain at the appointed time to pick up the documents and money required by law. Even if a subordinate goes on vacation at his own expense, they do not have the right to force him to work.

Many working citizens of our country, if they want to change jobs, go through a procedure such as dismissal.

The least conflicting option in this case for both parties is the employee's own desire, so it is he who occurs most often.

Regulation under the Labor Code of the Russian Federation

The procedure for leaving an employee from his position, as well as other relations between an employee and an employer, are regulated by the Labor Code. In particular, dismissal at the request of the worker is regulated by Article 80 of the Labor Code.

The employee can terminate both the prisoner and the prisoner for an indefinite period - this will not affect the procedure in any way.

The entire responsibility in case of violations lies with the head of the personnel department - it is he who is obliged to control this process.

It is important to know that even if an employee wrote a statement on his own initiative, but there are circumstances specified in Article 81 of the Labor Code of the Russian Federation, the employer has the right to dismiss him on these grounds and make an appropriate entry in the work book.

Detailed information about this procedure is given in the following video:

What should the employee do?

After the decision to dismiss the employee is made, the latter must draw up. It can be in either handwritten or printed form. The document specifies the following points:

Name and position of the applicant.
Full name of the head and name of the organization.
The text itself, as a rule, is written in an arbitrary form, but the essence does not change - it sets out a request to dismiss from a position of one's own free will, and indicates the date that should be considered the last working day.
At the end of the application, you must indicate the date when it is submitted, and a signature with a transcript.

It is important to know that according to the current legislation, the employee is obliged to warn the employer about the desire to quit at least 14 days before(by agreement of the parties, this period can be reduced).

Can an application be withdrawn?

Before the expiration of the working period, the employee can withdraw the application written by him at any time. To do this, you must inform your employer of your intentions in writing. The review is also issued in the form of a statement - it is necessary to express a request for the recall of a previously written document, date and sign it. The reason why the employee's decision was changed does not need to be stated.

If there is a possibility that the recall may be lost, you must proceed as follows:

Make two copies of it or make a copy of an existing one.
Give one copy to the secretary or specialist of the personnel department for transferring it to the direct management, asking to put the date and signature on the copy remaining with the employee. Some organizations have incoming stamps for incoming correspondence - it will also work, but the date and signature will be required in any case.

Dismissal in this case is not carried out, provided that another employee is not officially invited to this position. If there is such an invitation, then the refusal of the employer will be completely legitimate. Refusal can be expressed both in writing and orally.

Can an employer refuse?

Sometimes a situation may arise that the employer refuses to accept the employee's application. The reasons can be very different, but the main ones are ignorance or neglect of the current legislation. Refuse to accept an employee's application the employer is not entitled.

In cases where such a situation nevertheless occurs and the authorities refuse, it is recommended to send a letter of resignation by mail and count 2 weeks from the date of delivery. After the expiration of 14 days, you can stop working in this organization.

If, after the due date from the moment the management received the paper, the employee did not receive a work book and calculation, then he has the right, which is authorized to resolve these and other issues related to labor relations.

The procedure for filing a dismissal

The termination of the employment relationship is formalized. Usually this document is called the "order of dismissal from office."

The employee must be familiarized with this document under the signature. If necessary, he may require a copy to be issued to him (it must be duly certified). If the employee for some reason cannot (or does not want to) put his signature on the order, then the employer fixes this.

On this day, the employer is obliged to issue to the person leaving not only (containing the record necessary in these cases), but also to make with him, namely:

accrued salary.

If the head does not make all the necessary calculations with the employee within the time period established by law, the latter has the right to apply to the labor inspectorate with a statement about the fact of violation of his rights, and the responsible persons will be punished in accordance with the sanctions of the articles under which they will be involved.

Employer's responsibility

In case of non-compliance by the employer with his obligations related to the payment of wages (including calculation), both administrative and criminal liability are envisaged - these provisions are regulated by Parts 1 and 4 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, as well as Art. 145.1 of the Criminal Code of the Russian Federation (depending on the circumstances).

To bring the employer to administrative responsibility, the employee must apply to the labor inspectorate, to the criminal one - to the police department (you can also duplicate the application to the prosecutor's office of the district on whose territory the employer is located).

Documents to be drawn up

In the event of dismissal, the employee is required to issue a documentation package consisting of:

Employment book with an entry made in it. The employee signs about its receipt in a special journal, as well as in. Personal cards of employees, like work books, are usually stored in the personnel department and filled out by authorized specialists.
Salary statements for the last three years.
for the current year.
Information about the amount of payments and other remuneration and the insured person.

In addition, at the written request of the employee, he will need to issue other documents related to his professional activities.

Entry in the workbook

At most enterprises, all the necessary entries in the labor record are made by a specialist in the personnel department or the head of the organization (if the company is small and the staff does not provide for this department).

When an employee is dismissed on his initiative, it is entered in the book that he was dismissed of his own free will in the manner article 77 of the Labor Code of the Russian Federation. In addition, the seal of the organization, the date, as well as the position, signature and full name of the person who made the entry must be included.

Thus, the filling algorithm is as follows:

The sequence number under which the entry is made.
The date the employee left (DD/MM/YYYY).
Reason for dismissal with reference to the article.
The number of the order and the date it was issued.

The entry is made directly in the labor or in the insert of the established sample.

When can you not work?

Working off is the period starting from the moment the employer receives the employee's application and until he completes his labor activity in this company. Usually it lasts 14 days, but there are a number of exceptions.

An employee is released from work under the following circumstances:

If he is enrolled and begins to study at an educational institution.
The layoff is related.
Established violation of labor laws by the employer.
The employee moves to another area (this fact must be confirmed by an appropriate certificate, for example, a mark on deregistration).
The spouse (wife) of the employee is sent to a new duty station abroad.
Illness, due to which the employee cannot continue his labor activity (in this case, a medical certificate is required).
The presence of a medical certificate stating that the employee cannot live in the area.
If an employee needs to take care of a disabled child or a child who is under 14 years of age.
Due to the need to care for a disabled person of group 1 or a sick family member (also confirmed if there is a conclusion from a medical institution).
If the person has a disability.
If an employee has three or more dependent children under 16 or students under 18.

All of the above circumstances must be documented.

Other nuances

During sick leave

An employee, while on sick leave, can also file a letter of resignation by notifying the employer 14 days in advance. If they have already written and handed over to the employer this document, there is no need to draw up a new one.

Period of sick leave included in the working time- thus the date of dismissal is not shifted. The employer, in turn, does not have the right, on his own initiative, to force the employee to work out this period after recovery.

During the trial period

If the person who wants to quit is located - then turnaround time is 3 days.

The employee must also notify the employer of his intention in writing. in 3 days. In this case, the manager has no right to insist on an increase in the term.

Responsible person

If the person who is leaving the company is, there are a number of features:

The tenant has the right to require an inventory. It cannot be deliberately delayed - it should not exceed the period of working off, which is calculated according to general rules.
In addition to the inventory, the employee is obliged to transfer all the values \u200b\u200bthat he has due to official needs to another financially responsible employee. For these purposes, an act is drawn up, in which everyone who was present at the transfer procedure signs. The document must also be signed by the head of the organization.

In addition to the above points, the procedure for dismissing a financially responsible person is no different.

pensioner

First of all, you should know that retirement age cannot be a reason for dismissal at the initiative of the employer. If the employee decided to leave of his own free will, then the procedure is somewhat different:

A pensioner can leave without working off if his dismissal occurs for health reasons.
A pensioner works out the prescribed 14 days if he already has a note “in connection with retirement” in his work.

chief accountant

The chief accountant upon dismissal is obliged to transfer all cases in accordance with the act. Also, this procedure is accompanied by a mandatory check of the status of all documents and submitted reports.

The terms of working out remain unchanged - they are also 14 days.

CEO of LLC

The decision to appoint or dismiss a director is made by the general meeting of founders. If the director wants to leave, he must first notify (at least for 1 month) the general meeting of the legal entity in writing, to which the application itself must be attached.

These documents are sent by registered mail with notification and description. After that, a meeting is organized, and the dismissal procedure itself is carried out with the issuance of a work book.

What to do if you are forced to quit of your own free will

Often, the employer tries to force the employee to write a letter of resignation on their own initiative. There can be many reasons - ranging from the inability to pay sums of money during the reduction, ending with personal hostility.

Whatever the reason these actions are illegal towards the employee. An employer only on the grounds specified in Article 81 of the Labor Code of the Russian Federation (it contains a complete list of circumstances under which an employer can lay off a worker without his consent).

Thus, if the manager asks the employee to leave of his own free will, it is likely that he has no legal grounds.

If an employee is under pressure and regularly receives urgent requests to resign, but he does not want to do this, he has the right to apply to the labor inspectorate with a statement about the fact of illegal actions on the part of the management. If possible, additional evidence should be attached - an audio recording of a conversation with a manager, explanations from company employees who are familiar with the situation.

If the employer, despite the lack of grounds, made a dismissal, the employee has the right to go to court to restore his rights.

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 the contract is today considered one of the most conflict-free. The reason is that for him, unlike the case at the initiative of the employer due to absenteeism or reduction, arguments, a special procedure and payment of increased compensation are not required. Although the procedure for dismissal is simple, it still has its own rules.

Under what article are they fired at their own request

Article 80 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation) entitled “Termination of an employment contract at the initiative of an employee (at his own request)” details the procedure and rules for this procedure. They relate to reasons, deadlines for filing an application and cases of termination of work before the expiration of the warning period. In addition, the article contains information about the withdrawal of the application.

The procedure for dismissal at will

Any employee, including a pregnant woman, in accordance with paragraph 3 of Article 77 of the Labor Code of the Russian Federation “General Grounds for Terminating an Employment Contract”, has the right to quit 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. So there will be no conflicts with the employer and other problems that will drag out the process for a long time.

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 in writing of dismissal by submitting an application addressed to him 2 weeks before the intended departure. This period begins to count on the day after the registration of the application. It is important that the submission of the application is registered, otherwise the processing period may be pushed back. Other rules for dismissal of an employee at his own request:

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

The manager has no 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 a standard form and sent by mail with a return receipt. So you will know about the receipt of documents by the employer. After 2 weeks, you can stop working in the organization. After this period, the employee must be given a work book and a calculation. Otherwise, he has the right to apply to the inspection dealing with such illegal situations and labor disputes.

Resignation letter

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

Surname, name, patronymic and position of the head, name of the organization.
Surname, name, patronymic of the applicant, i.е. the employee himself.
The text of the statement. Includes a request to be dismissed from a position on a certain date (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, the date of submission of the application, signature and transcript is put.

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

if another person has already been accepted to replace the resigning employee, who, according to the 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 maintaining the length of service of an employee:

reaching retirement age;
the need to move;
some diseases;
the beginning of education in 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 the reason, if it is not the basis for any compensation payments or the cancellation of the period of mandatory work. In general, you should just write “I ask you to fire me of your own free will.” Additionally, you can specify the reason - "in connection with retirement." In the same way, other circumstances are formulated.

Dismissal order

If the application for dismissal of one's own free will does not have a clear pattern, then the order for it is drawn up in accordance with the T-8 form established by law. It is published in 2 copies, one of which remains in the accounting department for the calculation of material payments. An order for dismissal of one's own free will 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 time

The standard turnaround time is 2 weeks. It starts the day after the application is submitted. But this period is not always kept. You can not work out 2 weeks in case of:

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

Leave before leaving

An employee has the right to quit 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 you to provide leave with subsequent dismissal at will.” In accordance with Article 127 of the Labor Code of the Russian Federation, the last day of vacation is considered the last working day. In this case, you do not need to work out 2 weeks.

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

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

a work book with an entry made in it 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 on payments and other remuneration, on the insurance experience of the insured employee.

Rights upon dismissal at will

Each party has its own rights. For the employee, this is the opportunity to withdraw the application at any time. The employment contract remains in force if the employee was not fired on the last day. The employer has the right to demand from him the full performance of duties up to and including dismissal. If the manager violates the employment contract, the employee may not work for 2 weeks, but only if he was able to prove this in court.

Calculation upon dismissal of one's own free will

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

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

Dismissal on sick leave

An employee can apply even if the date of dismissal falls within a period of temporary incapacity for work. The employer has no right to change it. After a 2-week period, the management makes a calculation, issues an order with a note about the absence of an employee. 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 pay day.

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 on 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 provide him with rest.

After vacation

If the employee has already used the vacation and decided to quit after it, then he will have to work for 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 payments under an employment or collective agreement. If the application was submitted before the vacation with a note of dismissal after it, then the calculation is made on the last working day. Then they issue a work book. If the vacation was granted in advance, then the amount of overpaid vacation pay in the amount of 20% is withheld from the dismissed person.

After sick leave

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

Dismissal in one day

If it is impossible for an employee 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 a disease, from an institute on admission, etc. Writing an application, filling out an order and familiarizing yourself with it in case of early dismissal occurs in one day. The calculation can be made no later than the next day, including salary and compensation payments for vacation.

How to quit on your own

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

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

How to fire an employee on your own

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

Video

The Labor Code lists a number of grounds in accordance with which the termination of an employment contract may occur. They are named in article 77 of the Labor Code of the Russian Federation. Based on it, the parties can terminate the contract on the initiative of any party. According to the Labor Code, the procedure for dismissing an employee obliges the employer to issue an order, with which the employee is introduced against signature. If the employee disagrees with the fact or wording in the order and refuses to sign, a corresponding mark is placed on the document. A copy of the order can be given to the employee if he insists on it.

Dismissal procedure

The day of termination of the contract is the last working day (the exception is cases when at the enterprise for an actually non-working employee, his position or workplace was retained).

A mark in the work book is made by the employer in accordance with the Labor Code, and the justification for dismissal is formulated indicating the article, part of the article or paragraph.

On the day of dismissal, the employer pays off the employee and issues documents to him. If the employee did not come for the documents, he is sent a notification informing him of the need to pick up the work book. The employer is obliged to return it to the employee who did not receive the book on time, and who applied for issuance later, within three days.

Termination of an employment contract by agreement of the parties

This aspect is regulated in Article 78 of the Labor Code of the Russian Federation. Termination of the contract by agreement of the parties begins with the fact that the employee submits an application where he asks to be fired under article 77 of the Labor Code of the Russian Federation. The wording "agreement of the parties" is preferable to dismissal of one's own free will. Especially if the next step for the employee is to register as unemployed. In this case, his allowance will be formed on the basis of the salary that was assigned to him at his last job.

The agreement on termination of the contract is, in fact, an addition to the employment contract. It can be signed by both the employer and his authorized person - the inspector of the personnel department. Such an agreement implies the absence of material claims between the parties to each other.

Fixed-term employment contract

Art. 79 of the Labor Code of the Russian Federation. The administration monitors the terms of such contracts, and three days before their completion, warns employees about this. The warning must be in writing and may be given in person or by mail. Fixed term contracts:

to temporarily perform duties in place of absent employees. They end with the exit of a full-time employee to the workplace:
for the performance of a certain scope of work, and stops after their completion;
during seasonal work. Ends at the end of the season.

If such an agreement applies to a pregnant woman, then the existing procedure for dismissal from work obliges to extend its period until she becomes entitled to the appropriate leave. Other employees wishing to terminate the contract notify the management of this 3 days before the dismissal.

Termination of the employment contract at the initiative of the employee

Such termination is regulated by Article 80 of the Labor Code of the Russian Federation, and is, in fact, a dismissal of one's own free will. An employee may submit an application at any time. But he will be able to finish the work only in 2 weeks, and as a leader, in a month. The motives for filing an application can be any, but the deadlines for working out will not be met if:

the employee is enrolled in an educational institution;
receives a pension;
moves;
the employer violates the Labor Code;
the employee has the right to avoid working off.

During this time, the employee has the right to change intentions and withdraw the application. In this case, he can be left at the enterprise if the vacancy is still free, and the new employee can still be refused admission. If the dismissal nevertheless took place, then the employer is obliged to pay off the employee by giving him documents and all payments due on the last day.

An employee who has not withdrawn the application, but has not received a calculation and does not insist on dismissal, is considered to continue working. His statement is then invalidated.

Termination of the employment contract at the initiative of the employer

The employer, according to Art. 81 of the Labor Code of the Russian Federation, there is a right to initiate the termination of an employment contract. Motivations (reasons) for this are general and additional. General ones apply to all contracts, while additional ones apply only to contracts of certain categories of employees. Termination of the contract may occur in the following circumstances:

upon liquidation of the enterprise;
due to downsizing or downsizing;
due to the inconsistency of the worker with the position held (lack of qualifications, unconfirmed attestation, inappropriate position of health, certified by a medical report);
as a result of a gross violation of official duties, in particular: absenteeism, appearing at the enterprise in a state of intoxication, under the influence of drugs or toxic substances, non-compliance with commercial or state secrets;
due to systematic failure to fulfill duties (by an employee who already has disciplinary sanctions);
due to theft, waste, intentional destruction or damage to property;
due to violation of labor protection standards, as a result of which, for example, an accident occurred;
for immoral acts (for example, molestation, for educators);
in case of loss of trust (in the financial sector);
for making unreasonable decisions if they are expressed in the misuse of property (by the administration of enterprises or organizations and leading accountants);
for providing falsified documents to the personnel department.

It is worth noting that the procedure for dismissal for one of the above reasons obliges the administration to have documents confirming the oversight or misconduct of the employee. For example, it is impossible to fire a drunk employee if his condition is not recorded by a certified medical professional, on certified medical equipment. The employer also cannot dismiss those who are on vacation or on sick leave (except in cases of liquidation of the enterprise).

An individual entrepreneur, having received an extract from the USRIP, may terminate contracts with all employees upon liquidation of the enterprise.

Additional grounds

p> Termination of the contract by the employer may be motivated by additional grounds. They are subject to other regulations. For example, educators or caregivers may be fired for using controversial or inappropriate parenting practices (such as corporal punishment or psychological abuse).

Dismissal may be punished by violation of the Charter of an educational institution or its program (FZ "On Education"). Civil servants are fired for disclosing classified information containing state secrets or combining work with commercial activities (FZ "On Public Service").

Persons with whom the employer cannot terminate the contract

pregnant employees;
women raising children under 3 years old;
single mothers with children under 14
single mothers with disabled children under 18;
other persons who take care of such children on their own.

Dismissal in the order of transfer

This type of dismissal occurs when two conditions are met:

the employee has filed a corresponding application with the directorate;
the potential employer provided guarantees for the employee's employment. They may take the form of a letter of guarantee, or a signed application for admission to another organization for a vacant position. If we are talking about an elected office - a document confirming the election.

Refusal to proceed

The procedure for dismissal of employees in this case is regulated by Art. 75 of the Labor Code of the Russian Federation. Most often, it is possible with a change of ownership, all kinds of reorganizations, a change in departmental affiliation, etc.

Any employee can submit a regular application in this case. This rule does not apply to the directorate and the chief accountant. With them, the contract is terminated at the initiative of a new department or the owner of the company, and only after he receives property rights. The deadline for termination is three months.

Changing working conditions

In the practice of enterprises, situations periodically arise when it is necessary to change the organizational and technological principles of the organization of the labor process. This is reflected in the change in the employment contract, although there is no fundamental transformation of the labor function. The employee must be notified two months before the implementation of the reforms, in writing. If the staff is not satisfied with the new conditions, they are obliged to recommend the work (in writing). The new position must correspond to the qualifications, skills and state of health of the employee. If there is no equivalent work, and the employee does not agree to work under the new conditions, the contract is terminated. (Article 73 of the Labor Code of the Russian Federation).

Sometimes there are even mass layoffs for this reason. In order to avoid such consequences and in the presence of a trade union in the organization, part-time work may be a temporary way out of the situation. The team can work like this for up to six months. If the employee is not going to work in a new situation, then according to Art. 81 the contract is terminated.

Dismissal for health reasons

If the state of the employee's body, supported by an appropriate medical document, does not allow him to occupy his previous position, he has the right to apply for a transfer to a position that meets his capabilities. If such a transfer is not possible in this organization, then according to Article 77, Clause 8, the contract is terminated. The package of documents required for this should contain:

medical documentation confirming the condition of the employee;
transfer application signed by the employee;
documents on the absence of a vacancy suitable for him;
refusal to transfer if the vacancy was nevertheless offered and considered unsuitable.

Relocation of employer or production

In order to reduce the cost of production, the owners of the enterprise sometimes have to transfer it to another locality. In this case, the owner is obliged to notify the employees in writing about the move. Having received a refusal to work in another locality, he is obliged to terminate the employment contract.

Circumstances beyond the control of the parties

How to act as a result of problems of this order is regulated by Art. 83 of the Labor Code of the Russian Federation. Circumstances can be various and their list is very wide. The most common include the following:

conscription into the army;
reinstatement of the former employee in the position (after the decision of the labor inspectorate or by court decision) As one of the options, the employee may be offered another vacancy;
the impossibility of transferring to another job in the event of an attempt to transfer;
not being elected to office;
disability recognized according to medical documents;
court sentence;
disqualification,
administrative punishment that does not allow the performance of duties;
death;
missing;
State of emergency (war, catastrophe, disaster, etc.) recognized as such by government decisions;

In this case, the termination of the contract occurs on the basis of documented circumstances, for example: subpoenas, death certificates, court orders, medical documents, and others.

Violations at the conclusion of an employment contract

The labor inspectorate in the course of work can reveal violations in the preparation of contracts, in which case they are terminated using Art. 84 TC, for example:

the contract was concluded with an employee who has a restraining order of the court to perform certain work or occupy a certain position;
the work for which the contract is signed is prohibited to the employee due to health reasons;
hired an employee without the required education.

In these cases, the procedure for formalizing the dismissal of an employee obliges the directorate to pay the dismissed employee a severance pay corresponding to the average earnings. Except in those cases when the personnel department was misled by the employee. If the contract is terminated with a foreigner, then information about the termination of the contract must come to the relevant authorities - the Federal Migration Service, the employment center, and the tax authority within three days.

The procedure for dismissal of one's own free will is a procedure that involves several simple but mandatory steps. An employer has no right to retain an employee, even if it is a very valuable employee. He must write an order, make a calculation and issue a work book.

Any employee has the right to quit at any time of his own free will, by virtue of Article 80 of the Labor Code of the Russian Federation. The employer has no right to interfere with this and burden such an employee with something. We will tell you in this article how to properly arrange the dismissal of an employee of your own free will on the basis of clause 1, part 3 of article 77 of the Labor Code of the Russian Federation. This will be a step-by-step instruction on the dismissal of an employee of one's own free will.

1. Letter of resignation

The procedure for terminating the contract at the will of the employee begins with the writing of an application, which must be submitted at least two weeks before the planned date of separation. The legislation determines that the employer must be notified of the dismissal in writing. However, the form of such a warning is not prescribed by law, so it is usually just a letter of resignation filed in advance. It can be written by hand or typed on a computer. The form is arbitrary, but the requirements for its content must be observed. If the application is drawn up incorrectly, problems may arise, first of all, for the organization. Up to the recognition of the dismissal at the initiative of the employee as unlawful, as in the absence of a written statement confirming his will. There are enough such examples in the law enforcement practice of Russian courts.

In order to avoid unnecessary and unnecessary difficulties, the rules for dismissing an employee at his own request provide that such simple nuances are observed:

the name of the organization and full name are required. its head to whom the document is addressed (or the name of the person authorized by the head to make a decision on dismissal);
the date of compilation must be indicated;
the wording from which it follows that the employee wishes to be dismissed of his own free will should be extremely clear: “I ask to be fired”, “I ask you to terminate the employment contract of your own free will” or “I warn of my intention to terminate the employment relationship of my own free will” and the like;
the date of the last working day must be indicated (preferably without the preposition “from”, because if you write “from May 17” instead of just “May 17”, there may be different interpretations of which date is considered the last working day);
the application must be personally signed by the person on whose behalf it is written (without a personal signature, it has no legal force and is not a basis for dismissal).

An approximate sample of a correctly drawn up letter of resignation of one's own free will looks something like this:

to CEO

LLC "New phone"

Ivanov I.I.

No. 15/61k (incoming number assigned to the document by the organization)

STATEMENT

On voluntary resignation

In accordance with Article 80 of the Labor Code of the Russian Federation, I ask you to dismiss me of your own free will on May 17, 2019.

Trade Department Specialist PERSONAL SIGNATURE M.S. Koshkin 03.05.2019

An employee can apply for dismissal of his own free will in person or send it by mail: this, in particular, is mentioned by the authorized bodies (Rostrud Letter No. 1551-6 dated 05.09.2006). Therefore, if the employer does not dismiss the employee for the reason that he did not bring him a letter of resignation personally, he will lose the court. It should be borne in mind that in the event of a dispute, the absence of this document may become the basis for the restoration of the employee in the same place.

The employee, at his discretion, may indicate other information, for example, ask for leave due to him, as well as provide additional information about the reasons for his decision. The main thing is that the additional information should not contain indirect indications that the dismissal of the employee was forced. After all, if a dispute arises, any vague wording can play against the organization, which can lead to reinstatement and compensation for forced absenteeism. The courts express a fairly clear position on this matter, which is directly expressed in paragraph 22 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2.

And do not forget that the employee has the right to withdraw his application up to the day of dismissal: this issue is strictly regulated Article 80 of the Labor Code.

2. Term notice of dismissal

The period of notice of dismissal at the initiative of the employee, as a general rule, is two weeks. In some cases, it can be increased or decreased:

up to three calendar days - upon dismissal of the employee at his own request during the probationary period (part 4 of article 71 of the Labor Code of the Russian Federation);
up to one month if the head of the organization quits ();
up to one month - upon dismissal of an athlete, coach, with whom an agreement has been concluded for a period of more than four months (part 1 of article 348.12 of the Labor Code of the Russian Federation).

Also, the warning period may exceed one month, if provided for by the TD. At the same time, in Labor Code of the Russian Federation there is no word that during the warning period it is necessary to perform their work functions. Therefore, the application may well be submitted while on vacation or on sick leave. The period provided for a warning is not extended in these cases, but for the very procedure of dismissal of one's own free will, it is necessary to leave the sick leave. However, such a period does not start counting from the date indicated in the application, but from the date when the employer receives it. This means that the time required for the delivery of papers by mail must be added to the warning period.

In addition, by mutual agreement of the parties, dismissal of one's own free will is possible before the expiration of two weeks or without working off. Sometimes such an urgent dismissal is mandatory, it is regulated by part 3 of article 80 of the Labor Code of the Russian Federation and occurs:

when enrolling a citizen in an educational institution;
when an employee retires;
when an employee is on parental leave up to 1.5 years;
in case of violations on the part of the employer (for example, delay in wages, refusal to grant leave).

Violations from the last paragraph must be officially recorded by specialists from the State Labor Inspectorate, a trade union, a commission on labor disputes, or in court at the request of an employee. This procedure is recognized as correct in paragraph 22 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2.

3. Order and entry in the work book

After the due date has expired (or has been reduced legally), the day of dismissal itself comes at will. The management of the organization must issue an order that will legalize the dismissal of one's own free will; an entry in the work book must be made on the basis of this particular order, the relevant details and dates must be entered in it.

The order forms (T-8 and T-8a) were approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1. At the same time, the T-8 form must be filled out when one employee is dismissed, and the T-8a form when several employees are dismissed at the same time. You can also write an order in an arbitrary text form, the main thing is to comply with all the requirements imposed by law on primary documents: indicate the name, date of compilation, details of the organization and grounds for compilation. Filling out the order, as a rule, is not difficult. The main thing is not to make mistakes in your full name, position, and, moreover, the date of dismissal. It must be indicated exactly as it was written in the application: if the employee wrote “since May 17”, then he must be fired on May 16 and this date must be indicated in the order. If it is written simply “May 17”, then the date should be the same. A correctly completed order will look like this:

The dismissal order must be signed by the head of the organization, and the persons mentioned in it must be familiarized with a personal signature. After the order is ready, you can fill out the work book. An entry is made in it about the dismissal of one's own free will, the details of the order are entered as a basis, after which the entry is certified by the signature of an employee of the personnel department with a transcript and a round seal of the organization (if any). On this, the documentation of personnel documents can be considered complete. Further, an employee who resigned of his own free will must receive a payslip and personalized accounting documents of the Pension Fund, but they are usually processed by the accounting department.

4. Calculation and documents on hand

The management of the organization is obliged to issue all documents in connection with the dismissal of their own free will to the employee on the last working day. Failure to comply with this requirement is a gross violation of labor laws and entails serious sanctions for the employer. The main document that must be given is the work book. If for some reason this is not possible, the employer is obliged to notify the former employee of the need to pick it up, after which, if the person does not appear or with the consent of the person, it can be sent by mail. In addition, the employee needs to return his medical book, education and qualification documents (if they were kept at the enterprise), as well as issue a 2-NDFL certificate and an SZV-STAZH extract, which was replaced in 2019 with an extract from the SZV-M report.

There are also a number of documents that are not required to be issued on the day of dismissal, but they may be needed by the dismissed person and must be provided on the basis of his written request. These forms include, in particular:

an employment contract (although its second copy must be handed out at the time of employment);
orders related to labor activity (on hiring, on promotions and transfers, on bonuses, on dismissal);
salary statement;
certificates of insurance contributions to funds.

The former employer has three days to prepare such additional papers, according to the norms of Article 62 of the Labor Code of the Russian Federation. An employee can also apply for them after his dismissal of his own free will, when he needs any certificates or local acts.

In addition to documents, a full settlement must be made on the last working day, the amount of which includes wages for the days worked, compensation for unused vacation and other payments. Severance pay for such a reason for dismissal, as a rule, is not paid. But if such an opportunity is indicated in the employment contract, the management of the organization can do it. True, in this case the amount is not compensatory and is subject to personal income tax and insurance premiums.