From the enterprise at your own request. Dismissal of a long-term absent employee

It is quite difficult to accept a hard worker and arrange everything correctly. The procedure for dismissing an employee raises even more questions. It's all about the strict paragraphs of the Labor Code (LC) Russian Federation aimed at protecting people. The legislation provides a wide range of opportunities for aggrieved employees to protest management decisions to terminate their employment relationship.

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Normative base

The employer and the worker are in an employment relationship. At the same time, each party has its own responsibilities and rights. The procedure for dismissing an employee is the process of formalizing the termination of a contract (relationship). It must fully comply with the current legislation.

Therefore, the employer is obliged:

• know your own responsibilities and the rights of the hired person;
• scrupulously comply with the requirements and norms of the law;
• strive for perfect documentation.

In practice this means the following:

1. The reason for the breakup must correspond exactly to:
   • the situation;
   • paragraph of the Labor Code;
2. in documents it is written strictly in words from the law:
   • in the order;
   • in the work book (TrK);
3. The dismissal initiative may belong to:
   • to the employer;
   • to the hired person;
   • both together (mutual consent);
4. the initiative party is obliged to draw up the appropriate document.

If the dismissal procedure is not followed, the court may oblige the entrepreneur to take back the dismissed person or pay him significant compensation.

When an employment contract is terminated

Most of the grounds for dismissal of an hired person are listed in Article 77 of the Labor Code. These include:

1. initiative of one of the parties;
2. mutual consent of the administration and the worker;
3. completion of the contract period;
4. dismissal due to transfer to another service;
5. a significant change in condition leading to the employee’s refusal to continue performing duties;
6. serious changes in health status (medical evidence required) or death;
7. conscription for compulsory military service;
8. staff reduction or liquidation of a legal entity;
9. retirement;
10. election to a certain position;
11. material violation of the terms of the original contract;
12. refusal to move to another city with the organization;
13. circumstances beyond the control of the parties.

Basic rules for registering dismissal

The personnel officer must know the subtleties and nuances of drawing up documents and the procedure for familiarizing the dismissed person with them. The result of a possible lawsuit if initiated by an offended worker depends on the accuracy of the algorithm’s execution.

The following actions should be taken:

1. Receive an application from the employee or determine other conditions for termination of the employment relationship.
2. Draw up a draft order based on the previous document. Submit it to the manager for signature. The document indicates the days of ungranted vacations along with the corresponding periods.
3. Familiarize yourself with the fully executed and registered order of the dismissed person against signature.
4. Create a shopping mall. This document contains the exact phrase from the order about the reason for parting with the worker.
5. Issue TC on the last working day. Obtain a person’s signature in the movement log of this type of document. In addition, the dismissed person is obliged to set the date of receipt of the TC corresponding to the day the contract was terminated.
6. Full payment is also made on the last working day.

Certificates issued to the dismissed person

In accordance with the law, a person may require certain information characterizing his activities at work. Within three days, the administration is obliged to satisfy the request for the following information:

1. copies of orders about:
   • recruitment;
   • termination of work;
2. certificate of income received in the form of personal income tax -2;
3. extract from personal card about vacation periods;
4. information about accruals for two years;
5. other.

Making your own wish

The employee is given the right to initiate termination of the agreement. The law contains the following rules:

• a person’s obligation to notify the employer of his decision two weeks in advance;
• the ability to cancel the initiative within a specified period.

The actions and rights of the administration are as follows:

1. accept the application;
2. reduce or cancel the review period;
3. do not insist on terminating the employment relationship if the person changes his mind;
4. issue an order and TRK;
5. familiarize yourself with the documents of the resigning person;
6. issue a calculation.

How is an employer's initiative formalized?

The reasons for the proactive decision of management are the following circumstances:

1. violation of discipline, including:
   • absenteeism;
   • use of alcohol or drugs while on duty;
2. failure to perform duties;
3. unsatisfactory results of the probationary period;
4. Availability disciplinary sanctions;
5. theft of property (or damage to it);
6. disclosure of state or commercial secrets;
7. inconsistency with the position;
8. reduction of position(s);
9. reorganization;
10. liquidation of a legal entity (or individual entrepreneurship).

Important: each of the circumstances must be documented.

In particular, violation of discipline is accompanied by the following documents:

• a memo from the immediate supervisor;
• an act of the commission confirming the fact;
• an explanatory note from the offender;
• order to impose a penalty.

Agreement of the parties

This reason for the separation of the employer and the worker provides the parties with wider scope for action. It can be used in situations where other reasons are prohibited. Namely, in cases where an employee is on vacation:

• next;
• maternity leave;
• due to illness.

The procedure for the parties is as follows:

1. Drawing up a corresponding application by the employee, endorsement by his manager.
2. Preparation of an order indicating the reason for dismissal.
3. Familiarization with the text of the person being dismissed against signature.
4. Making an entry:
   • in TrK;
   • in the movement log of this type of document.
5. Issuing the full payment to the TrK employee.

Expiration of the contract

If the worker was hired under a fixed-term contract, then separation from him may be due to the expiration of the document. To fulfill all the conditions, the administration of the enterprise is obliged to notify the employee in writing about the existing grounds three days before the end date of the contract.

Important: if notification is not made, the contract becomes indefinite. The basis for breaking the relationship is no longer valid.

If there is this reason for parting with an employee, it is necessary to perform the following additional measures:

1. Create a notice.
2. Register it in the appropriate journal.
3. Familiarize yourself with the document with a person’s signature (indicating the date) or send it to his address by registered mail.
4. Otherwise, the procedure does not differ from the procedures already described above.

Special conditions for certain categories of citizens

The employer's initiative is not applicable in all conditions. Thus, management does not have the right to organize the dismissal of the following categories of workers:

1. pregnant woman;
2. mothers of a child under three years old;
3. single mother raising:
   • child under 14 years of age;
   • a disabled minor child;
4. some others.

Other reasons for termination of employment relationships

The Labor Code of the Russian Federation specifies a significant number of circumstances leading to the end of the relationship between an employee and an enterprise. Each has subtleties and nuances. However, they have common aspects. Thus, when drawing up documents, it is necessary to strictly comply with the requirements of the law.

1. If the break in cooperation is related to health conditions, then it is necessary to obtain and attach a medical certificate to the case.
2. A criminal act is confirmed by a decision of a judicial authority on punishment.
3. Admission to study requires a certificate from the institution.
4. Conscription into the army - a corresponding document from the military registration and enlistment office.

As a rule, violations during recruitment are associated with:

• with the presence of a prohibitory decision of a judicial authority on engaging in certain types of activities;
• inconsistency of health status with the severity of assigned duties;
• lack of an established level of education (qualification).

Disagreements when breaking a contract

Sometimes personnel officers have to deal with the carelessness or maliciousness of employees when drawing up an application. Here is a list of situations with ready-made solutions:

1. If the date of dismissal is not indicated, then it is counted from the number on the application (2 weeks).
2. If the person resigning asks him to pay within a period of less than fourteen days, then the person should be asked to rewrite the application. Sometimes management agrees to such a date.

Watch the video about the dismissal of employees

Application for resignation at will- This is an important personnel document. Is it worth writing it when you decide to quit, but don’t want to work for two weeks? Or, on the contrary, have you already informed management about your decision, but changed your mind about quitting? How to correctly write a letter of resignation of your own free will? Let's talk about the intricacies of termination employment contract at the initiative of the employee.

The following situation prompted me to write this article: recently, one boss forced her employee to write a resignation letter of her own free will. Moreover, in this situation it was not necessary to work for two weeks. Under the threat of dismissal under the article, this employee wrote the required paper, but, on reflection, decided not to give up so easily. Before withdrawing her resignation letter, she decided to carefully study the theory and find out how to correctly write a resignation letter of her own free will and how to fight for her rights, if in fact the employee did not have the initiative to terminate the employment contract. So, let's start in order, and at the end of the article we will be able to download a sample letter of resignation at our own request.

What and how to write in the application

How to correctly write a resignation letter of one's own free will worries many. This document is very simple to draw up - it is written in free form, but there are mandatory details:

• indicate the addressee in the upper right corner - usually this is CEO organizations;
• write who is the author of the appeal (indicate not only the last name, first name, patronymic, but also the position);
• in the center - title: letter of resignation of one's own free will;
• further - the basis, the actual text of the request (you can indicate the article number Labor Code of the Russian Federation, you can do without it);
• In the lower right corner put your signature, transcript and date.

The main wording of the statement that is used is “I ask you to fire me at your own request.” Below is the resignation form:

This example of a voluntary resignation letter can be downloaded at the end of the article and used by adding your data.

In order to simplify paperwork, you can prepare a sample for employees on how to correctly write a resignation letter of their own free will, or create a folder on the corporate server containing a set of samples of personnel documentation, which will include not only such a document, but also a resignation letter by agreement of the parties. Then employees will not have to rack their brains and compose the texts of documents themselves.

Letter of resignation during probationary period

A probationary period is often set for a new employee so that both he and the employer have the opportunity to evaluate decision and understand whether they suit each other. It speaks about who can be tested and who cannot be tested Art. 70 Labor Code of the Russian Federation. In the context of our article, I would like to note only one, but important circumstance: the application for dismissal for probationary period(in case of termination of the employment relationship at the initiative of the employee) is submitted not two weeks, but only three days before the termination of the contract.

The passage of time begins from the next day after the employer receives the application or warning.

Do I need to work for two weeks?

The answer to the question of how many days before dismissal you need to write a statement is very important. The Labor Code of the Russian Federation says that an employee who decides to terminate an employment contract on his own initiative must notify the employer of the termination of the employment relationship no later than 2 weeks in advance (Part 3 of Article 80 of the Labor Code of the Russian Federation). This period begins from the day following the day on which the employer received the resignation letter from the employee.

To the question whether it is necessary to comply with the notice period or not, and therefore to work for 2 weeks upon dismissal, the Labor Code of the Russian Federation answers:

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

That is, to reduce the warning period, an agreement between the parties is required. And for this you can write a statement with the following content:

There are situations when such consent is not required and the employee has the right to terminate the employment relationship within the period specified in his application:

• enrollment in educational institution;
• retirement;
• changing of the living place;
• caring for a disabled person of group 1;
• violation of labor laws by the employer.

In all these situations, the employer is obliged to terminate the employment contract within the period specified by the employee in the application. In this case, an application for dismissal without service is written, which indicates all valid reasons for this.

Dismissal and vacation

An employee has the right (it is not a fact that this right will be exercised by the employer) before resigning to go on paid leave. IN Article 127 of the Labor Code of the Russian Federation states that an employer can grant leave at the request of an employee before leaving. The legislation does not clearly regulate this issue, so an employee can write either one or two applications (meaning for dismissal and for the upcoming vacation).

How to write a letter of resignation with the provision of annual paid leave beforehand? There are no clear recommendations in this case; be guided by the document flow procedure that is accepted in your organization. The text of the statement might sound like this:

I ask you to provide me with annual paid leave followed by dismissal.

Regardless of the number of applications, the day of termination of the contract, if the employer nevertheless decides to comply with this request for leave, will be considered the last day of paid rest. If the employer does not want to let the employee go on vacation, he will be obliged to pay monetary compensation for all unused vacation days.

How to write a letter of resignation of your own free will demanding payment of such compensation? In principle, this is not required, because the employer, like all others, is obliged to make this payment independently, without additional reminders or statements. However, if you want to play it safe, read about how to do this in our article.

You can decide to quit while you are on vacation - in this case, you can also write a statement and send it by mail. Then vacation days can be included in the two-week working period. However, the countdown of this period will begin when the employer receives the letter (which means it is better to send a letter with notification in order to know this period and prevent accidental absence).

How to quit while on sick leave

This can be done in the same way as in the case described above (during vacation) - just send an application by mail. Termination of the contract during sick leave is possible only at the request of the employee ( Art. 81 Labor Code of the Russian Federation).

Full payment and issuance of documents

The company is obliged to pay all compensation, vacation pay and wages to the employee on the last day of his work. If on the day of termination of the contract the employer has not made a full payment, he is obliged to compensate the leaving employee for his error in an amount not less than 1/150 of the amount valid at that time. key rate Central Bank from amounts not paid on time for each day of delay, starting from the next day after the established payment deadline and up to and including the day of actual calculation and issuance of the completed work book.

If, before terminating the contract, the employee first goes on vacation, then the calculation and issuance of all documents must be made before the vacation.

If the employer delays documents

If for some reason they do not give you your work book, this is a serious violation of the law. According to the rule specified in Article 234 of the Labor Code of the Russian Federation, in the event of a delay in issuing a work book on the day of dismissal due to the fault of the employer, he must compensate the employee for material damage in the form of lost earnings for the entire delay, if the absence of a work book prevented the employee from getting a new job. Moreover, the day of termination of the contract in this case will be considered not the day indicated in the application, labor or order, but the day of the actual issuance of the work book (clause 35 Decree of the Government of the Russian Federation of April 16, 2003 No. 225"About work books").

As the Labor Code states in this case, termination of an employment contract in such a situation is formalized by an additional order, and an entry is also made in the work book. A previously made entry about the day of dismissal is considered invalid. In order to carry out all these actions, you need to contact your former employer with a written request to issue you a delayed work book, compensation for lost earnings and to change the corresponding entry in it on the date of actual delivery of the document.

If the employer refuses to voluntarily comply with your demands, you need to go to court. But remember that this can only be done within a month from the day you were fired ( Art. 392 Labor Code of the Russian Federation). If a month has already passed, then it is better that there are good reasons for the delay. And although the court does not have the right to refuse to accept a claim on the grounds of missing the deadline, but if the defendant, that is, the employer, declares this, the court can lose (unless the court decides to restore the limitation period). So keep an eye on the time or stock up on good reasons.

The employer's responsibility for storing the work record book of a former employee at work is excluded if two conditions are met:

1. The employee did not show up for it on the day of payment (the last working day).
2. The employer sent the employee a notice of the need to appear for a work book or agree to have it sent by mail.

Is it possible to change your mind and withdraw your application?

Within two weeks of work, the employee’s decision to leave of his own free will can be annulled. After all, he has the right to withdraw his request for dismissal (Article 80 of the Labor Code of the Russian Federation). If the employee goes on vacation before this, he can revoke the document before the day the vacation begins. A sample application for withdrawal of a resignation letter may look, for example, like this:

And if another employee has not yet been invited to this place, who, in accordance with the law, cannot be denied a contract, nothing can prevent the employee from returning.

The Labor Code of the Russian Federation stipulates that another employee must be invited in writing. That is, the employer’s unfounded statement “And I already hired another, because you were fired of your own free will” will not work here. There must be written proof.

In order to withdraw the first application, you need to write a second one. If your employer refuses you, ask for a written refusal stating the reasons.

If you were forced to write a “statement of resignation of your own free will” and there are no negotiations, in this case the next stage is filing a claim in court. If you are not the only one in the organization with a forced departure “on your own,” invite all the “offended” as witnesses. Now courts in such disputes between employees and employers most often take the side of the former. And if the trial is won, the loser will be obliged to reinstate you at work and pay your salary for the entire time while this issue was being resolved.

We continue to work

But let’s say two weeks have passed, you decided to cancel your dismissal from work, and your bosses are in no hurry to pay and return the documents. The Labor Code of the Russian Federation provides that if after two weeks the employment contract is not terminated and the employee does not insist, then the statement “at his own request” loses legal force and the employee is not considered dismissed.

End of story

How did the story with which we began the article end? As expected, the employee was not allowed to withdraw the application, and no evidence was provided of the invitation of another employee. Knowing how to write a resignation letter of her own free will (sample at the end of the article) and how events would develop, she recorded the entire conversation with her boss on a voice recorder, where a phrase appeared that proved that the paper was written under pressure. Now this employee is filing a lawsuit and has already found witnesses who were also forced to leave this organization under pressure. With such evidence, she has every chance of winning this case.

We hope the article answered the question of how to write a resignation letter without errors. The template of this document will help you avoid mistakes in writing, as well as in the sequence of actions.

The dismissal procedure is regulated Labor Code RF. Main act labor legislation contains a list of articles that describe the grounds for dismissing a person. In the process, it is important to take into account various nuances: from correct design documents to psychological aspects.

Stages (procedure) of dismissal

During the dismissal process, you must go through the following stages:

• acceptance and registration of applications;
• publication and registration of the relevant order;
• familiarization of the resigning person with this document;
• preparation of a note-calculation;
• making a full settlement with the resigning person;
• a record of the fact of dismissal in the company’s accounting documents;
• receipt by the employee of a work book with the appropriate mark (confirmed by the employee’s own signature);
• receipt by the employee of a certificate of wages(sometimes this step is initiated by the employer, but more often the certificate is issued at the request of the resigned employee).

Dismissal at your own request. Writing an application

Dismissal at your own request – best option. This process occurs quickly and without mutual dissatisfaction. The employee writes an application, and the employer provides a good recommendation. Download an example of such a statement

It is necessary to fire an employee as delicately as possible, without starting conflicts on both sides!

The employer can do the following:

• Collect a dossier on the employee (complaints from other subordinates, dissatisfaction from clients, memos, etc.).
• Create unfavorable conditions in the workplace (transfer part of the work to other employees, deprive of bonuses and salary increases, prevent movement career ladder etc.).

Dismissal of an employee by agreement of the parties

Download an example application for this type of dismissal

One of the parties who initiates sends a written or oral proposal to the other person for the purpose of discussion this issue. After negotiations and both parties agree to terminate collaboration a contract is drawn up.

It is best to put it in writing, indicating the date, reasons for leaving the position, as well as the conditions that the employer undertakes to comply with. This form of document guarantees the legality of the actions of the resigning employee and the employer. After signing by both parties, a corresponding order is issued and the contract is terminated. The agreement can be canceled only with the consent of both parties.

With this form, the quitter receives its advantages:

• A link to the Labor Code in the entry that is recorded in the labor record.
• The resigning employee is guaranteed payments.

If an employee is unable to work, the employer may have the right to terminate the contract by mutual agreement.

After watching the video, you will learn how the dismissal procedure is carried out on the basis of mutual consent, what the employer relies on when deciding to relieve an employee of his position, how the situation is resolved peacefully and what the quitter can claim.

Dismissal without the employee's wishes

Dismissal for inadequacy of the position

Knowledge assessment is carried out by a special commission. Only professionals in their field should be members of the certifying community; the manager does not have to be present.

The results of the person being certified are formalized by a separate order.

Removal from a position is not possible if the certification has not been announced in advance.

Dismissal for absenteeism

As practice shows, the violator is not always fired immediately; most often the employee receives a warning and then a reprimand, which is entered into his personal file. If absenteeism is repeated, the employee is fired. Release from the workplace is supported by several documents and facts: comments, memos, complaints. The employee is dismissed within one month from the date of the offense.

Dismissal due to reduction

Those employees who are laid off must be notified of the reduction two months before the actual dismissal. The employer has the right to offer the employee another type of employment or a change in working conditions:

• other workplace;
• reduction of working hours in the previous position.

Payment of severance pay is made on the last day of his tenure in office. It is 3 average monthly salaries of an employee. If an employee contacts the employment center and cannot find a job, the employer will be forced to pay former employee monthly allowance. The amount of payments is equal to his average salary for the last 2 months.

• expectant mothers;
• mothers who raise children without a father;
• women who have at least one child under 3 years of age;
• employees on vacation or on sick leave.

Dismissal as a result of liquidation of the enterprise

The employer draws up a written notice in two copies, signed by both parties, one of which is in his possession, and the other is given to the employee. After 2 months, the employer issues a corresponding order and prepares the necessary labor records for the employees.

Dismissal during probationary period

The employer draws up the relevant document and submits it to the dismissed person for signature. Even if he does not sign, the order is still issued, and the employee is relieved of his position. After this procedure, he is given a work permit and a document with a calculation on which the salary amount is indicated.

An employee, while on a probationary period, may resign on his own initiative. He must notify the employer of his decision in advance. The order is drawn up on the basis of an application from the person resigning. The employer enters a note in the work record and issues a calculation.

Many enterprises provide for working hours. When dismissed from office on this basis, they are 3 days, and counting starts from the day the application is submitted. At the request of the employer, work may not take place.

Dismissal due to failure to complete the probationary period

Dismissal of an employee who has disappeared

If the above actions were unsuccessful, another person is appointed to the position of the missing employee. The employer draws up an employment agreement with the replacement employee. Such an agreement terminates when the main employee appears at the workplace.

Only a court can declare a person missing. Only in this case the agreement with him is terminated. An entry into the labor record or the corresponding order can be issued several months or even years after the date of disappearance.

The relatives of the missing person receive the payslip and wages. To do this, they just need to provide documents that confirm their relationship with this person.

Documents issued upon removal from office

• work book with the appropriate notes (see also:);
• 2-NDFL;
• certificate of average earnings for the last 3 months.

How to properly say about dismissal. Psychological help

The employer is obliged to inform the employee that a few days before his dismissal there will be another conversation with him. It is necessary to warn the employee so that he can collect his thoughts and calm down. The employer can inform the employee about his removal from his position at the interview, discuss the problems that his company could not solve and what exactly needs to be done to change this state of affairs.

Unexpected dismissal from work is stressful for a person. New challenges arise: finding work and livelihood. Important calm and delicate tell the person being fired the bad news.

Before dismissing an employee, familiarize yourself with the basic provisions of the Labor Code. In any situation you need to try to come to an agreement. All controversial issues between dismissed persons and employers are resolved in court.

Every subordinate, no matter how strongly he is tied to work, has every right for dismissal on personal initiative. on this basis - one of the most reliable ways to say goodbye to an employee. But, despite its apparent simplicity, the legislation regulates a special procedure for dismissal at will.

Stages of the dismissal procedure

In order to say goodbye to the employer, you will have to go through all the necessary stages, which are provided for by the Labor Code of the Russian Federation:

1. The first step to dismissal is a resignation letter. The main thing is that your desire to become free comes from you personally, and not as a result of threats or requests from your boss. If you write at the direction of management, then it will be quite difficult to prove in court the fact of someone else’s expression of will. There are still examples in judicial practice when illegal actions of management could be proven, but it is better not to do this in the first place.

2. The procedure for voluntary dismissal after writing an application is to submit it to your boss. If the director is not very happy with your intention to leave, and you have not reached an agreement on this, it is possible that he may refuse to accept your application. In such a situation, lawyers advise sending such a document by mail.

3. After accepting the resignation letter, the employer must issue a corresponding order. This document is issued strictly on the day the employee leaves.

4. Further, the procedure for dismissal at will is that the employee must correctly fill out the book, which must contain information that it is on his own initiative (that is, in accordance with clause 3, part 1, article 77 of the Labor Code).

5. In addition, it is necessary to make a settlement with the employee. This calculation must include payment for unused vacation. The calculation procedure is carried out on the basis of current legislation.

Nuances of the dismissal procedure

We recommend planning your dismissal date in advance, since the manager has the right to demand that you work for another 14 or fewer days (the main thing is no more). In some situations, the employer is obliged to terminate the contract with the subordinate within the period specified by him. For example, he entered a university, reached retirement age, was forced to move to another city, etc.

It is also worth remembering that an unauthorized change in the date of dismissal is not part of the rights and obligations of the employer. The hired worker must be fired on the day indicated in his application.

It is also important that before the day the resignation order is issued, the employee has the right to change his mind about resigning. You can notify the director of this at any time during the two-week work period. The only exception is when a new employee has already been invited to take your place, and if such an invitation was issued in writing.

As you can see, despite its simplicity, it has pitfalls. Therefore, if you have a conflict with your employer regarding your future departure, do not act on the basis of emotions, be guided solely by the law. This is the only way you can save time and avoid negative consequences.

The procedure for dismissing employees is a serious task for an employer. When the employer, due to neglect regulations dismisses workers without complying with the basic norms of the Labor Code of the Russian Federation, there will definitely be an offended or simply competent employee who will extract from the company everything that is due to him by law. It is known that State inspection labor law and the courts most often side with the employee when considering labor disputes. Therefore, it is important for personnel officers, managers and private entrepreneurs with hired staff to find an opportunity to fully study all the nuances.

Legislative standards for dismissal

As Article No. 77 of the Labor Code of the Russian Federation states, the interruption of working relationships can take place either at the initiative of the employer or at the will of the employee. The parties can reach an agreement and end the working relationship by mutual consent. At the same time, the legislative act provides for a number of grounds for the annulment of the parties’ contractual obligations.

14 basic grounds for dismissing an employee

To approach the procedure for terminating a contract with an employee, we will first understand: what legal methods exist for dismissing a person from service, what are the pros and cons for both parties in these episodes.

Thus, there are objective and subjective justifications for dismissal at the initiative of the employer. The following options, specified in Article No. 81 of the Labor Code of the Russian Federation, can be attributed to external reasons independent of a person.

The first reason is the liquidation of the enterprise, closure, bankruptcy of the individual entrepreneur, and, as a consequence, the dissolution of all company employees.

In this case, the enterprise is deprived of its legal status and completely ceases to exist without the prospect of continuing its activities. This process of terminating contractual obligations is regulated by Article No. 81 of the Labor Code of the Russian Federation (clause No. 1 of the first part).

Please know: it is impossible to legally terminate a contract with an employee who is on vacation or sick leave (even due to the liquidation of the company).

Second - staff reduction - actual topic, when during optimization production process reduce the size of the enterprise, fire ineffective employees, assigning additional functions to the remaining employees.

This can also happen when certain areas are closed or business is reorganized. This process is also regulated by Article No. 81 only by Part No. 2 of the Labor Code of the Russian Federation.

• Therefore (similar to the first scenario), employees must:
• give 2 months notice about the upcoming layoff;
• pay all due compensation payments and compensation;
• report dismissals to the employment center;

notify the organization's trade union. Please note: there are several more pitfalls and legislative provisions that state that before committing final payment

the organization must offer the employee an alternative position on staff. Moreover, it must be taken into account that there may be employees on staff who cannot be dismissed on this basis, for example, pregnant women.

If during the liquidation of an enterprise with the dismissal of employees everything is clear, then when reducing staff (or numbers) there are nuances Another serious reason is a change of owner.

Dismissal in this case most often concerns management personnel: directors of the company, their deputies, and chief accountant. But, as practice shows, this procedure also affects middle managers: departments, divisions, services. I also had to face this situation not long ago. Owner of a large, where I worked, died of cancer, after six months all powers passed to his two daughters. As soon as they took over the inheritance, a purge of the team began: the general director of the plant was the first to be fired, the head of the security service “left” on the same day, and a little later the chief accountant was fired. Over the next six months, the management team of the enterprise changed by 95%. Some left of their own free will: the situation at the plant was so tense that not everyone had enough stress resistance. Those who did not ask for anything left with nothing, we also had those, including directors, who apparently hoped that for their many years of work, the owners themselves would take the initiative and pay severance pay - but that was not the case. I wrote a statement by agreement of the parties, however, like probably 70% of all those who quit. In this case, there is at least a chance to agree on compensation (and a very good one). Know: if you are a lawyer for an organization, work at the SEB, or hold a position no lower than deputy chief accountant, the compensation increases significantly. I cheapened out by writing an application for compensation of only two salaries, then I only found out that people received half a million. The new general director, appointed by the new owners, wanted to get rid of old team. After 9 months, there was no one left on the plant’s management team, positions were taken by relatives, ex-husband, who knows nothing about production, and other acquaintances. But a year later, the new “general’s wife” set off on a free voyage, apparently not living up to the owners’ expectations. It should be noted that, as a rule, a change of owner is always a difficult period for the company and the team, because people say: “a new broom sweeps in a new way.”

But let’s finish the lyrics, in addition to objective external reasons, dismissal at the initiative of the employer also has a subjective side. Reasons for terminating mutual obligations in this case include:

• employee inadequacy;
• neglect of labor discipline and interests of the employer;
• committing deliberate criminal steps in the workplace.

The fourth serious reason for breaking a working relationship is the inadequacy (full or partial) of the employee for the position held, his incompetence in performing his duties (Article No. 81, paragraph 3). Most often, this is confirmed by the results of the certification commission initiated by the employer. The reason for removing a person from his position may also be his state of health. It is clear that this method is quite slippery for the employer and aggressive towards the person against whom it is directed. You need to be especially careful here.

It should be taken into account that in this case, as in the option of staff reduction (clause 2), the employer is obliged to offer the employee another place, as is usually the case - a lower-ranking and lower-paid position.

One of the easiest reasons for dismissal for an employer is serious violations of labor discipline by an employee, even one-time violations. There is a whole block of justifications for the decision to part with an employee. Legislatively established procedures are prescribed in Article No. 81 of the Labor Code of the Russian Federation, paragraph No. 6:

• Absenteeism - if an employee is absent from the workplace without a valid reason for more than four hours, he can be immediately dismissed “under the article” (clause 6, subparagraph “a”). At the same time, the period given to the employer for dismissal under this article is 1 month from the date of its commission.
• Being at work while intoxicated or under the influence of drugs or other substances. In this situation, dismissal takes place in accordance with subparagraph “b”: if possible, a medical examination is carried out, a report is drawn up and endorsed, etc.
• In the case when an employee deliberately ignores the rules and regulations of labor protection, which can lead to serious consequences both for the organization and for the lives of colleagues (such offenses are recorded by a special commission on labor protection, which should be in every enterprise with 10 or more people).
• An employee can be fired if he discloses a trade secret that he learned while performing his official duties, especially if it caused financial harm to the organization.
• Failure by an employee to fulfill his job functions if his record already includes disciplinary sanctions.
• There are special cases, for example, when a teacher, educator or coach, working with children, commits immoral offenses that are incompatible with his status.

The next block, when the employer is forced to fire workers, -commission of intentional criminal acts by a hired employee against an employer:

• waste of funds, damage to the property of the enterprise and theft at the company are those actions that entail damage to the company.
• Loss of trust (clause 7 of the first part of Article No. 81) - this point concerns persons who caused or could cause damage to the employer while in certain positions that imply material liability.
• Another point on which to terminate a contract with an employee is providing false information about yourself or fictitious documents during employment.

Popularly, the above subjective variations of dismissal are called “under article”, which during subsequent employment can greatly affect both salary and job responsibilities. And often people with similar marks on their employment records are simply not hired.

Dismissal due to non-compliance and under the article is usually difficult not only for the employee, but also for the employer

There is another way to cancel obligations between an employer and an employee, which stands apart in the list of grounds for leaving - this is termination of the contract on the grounds provided for in clause No. 5 of part 1 of Article No. 77 of the Labor Code of the Russian Federation. The so-called dismissal of an employee by transfer, when a tripartite agreement is concluded between the previous and new employer and employee on his guaranteed employment.

• In this case, there are 2 scenarios: Transfer from one employer to another at the initiative of the employee. When a person finds new, more interesting conditions labor and wages, and loyal to good worker
• employers meet him halfway and simply re-register documents. Transfer at the request of both employers, when, for example, one of the employers lays off staffing table and wants to find a job good employees

, including for reasons of personal savings (no need to pay severance pay). Or the second case is the owner of an enterprise to open a new one, but at the same time he wants to keep the employees.

Video: termination at the initiative of the organization - legal advice

Dismissal at the initiative of the employee - what does Art. 80 of the Criminal Code of the Russian Federation

• There can be many reasons for dismissal; the legislation classifies these grounds as follows: impossibility of implementation labor activity
  • at work:
  • admission to a university or other educational institution;
  • conscription into the army;
  • approaching retirement age;
  • physiological disability of the employee;
• violation by the employer of the Labor Code of the Russian Federation (other regulations), for example, a transfer to another region that was not agreed upon with the employee;
• ignoring the terms of the collective agreement when the employee does not receive the benefits he is entitled to (both material and social);
• expiration of the employment contract.

In the above cases, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Issues of termination of labor relations between an enterprise and an employee at the will of the employee are regulated by Article No. 80 of the Labor Code of the Russian Federation, the key points of this legislative act look like this:

• The first thing that this document regulates is that every person has the right to terminate a contract with an employer after a written warning to the employer no later than 14 days in advance. calendar days. The countdown of the working period begins the next day after submitting the application for dismissal. This can also be done while on vacation, sick leave, etc.
• To leave before the deadline, you need to negotiate with the employer. If the employee’s immediate supervisor and the director of the organization consider it possible to release the employee without work, this can be done the very next day.
• The second requirement of the law is that until 14 days have passed when a person transfers cases, the employee has the right to withdraw his application at any time. Termination of the employment contract in this case does not apply. But in this case there is important point: an employee can be left at work only when another employee is not invited to his position, and this fact must be confirmed by documents.
• You can refuse to quit your job without withdrawing your application. To do this, it is enough to go to your workplace on the fifteenth day after providing the paper to the employer. If after 14 days the order to terminate the employment contract has not been endorsed by both parties and the employee does not demand dismissal, then the employment agreement continues.

The fundamental point for an employer when dismissing an employee, regardless of the reason, is that on the last day of the person’s presence at the workplace, the employer is obliged to issue him a work book and pay him in full.

An employee, when filing a resignation letter, is not required to indicate the reason for leaving.

General procedure for registration - requirements and documents

First, it is necessary to clarify that, by and large, there are only 3 key variations in the formalization of termination of employment relations between an employee and an employer.

The procedure for dismissal at will

The first option is the most common - dismissal with the wording in the application “at one's own request”. As already mentioned, the initiative can come either from the employee, when he is unable to continue working, or from the employer. In the second case, a conversation is held with the employee, where the reasons why it is better to leave are discussed.

With this option, dismissal can be made the very next day. The date of dismissal is set by the manager when approving the application. The maximum period for working out in this case is the standard 2 weeks.

The dismissal algorithm is as follows:

1. When resigning voluntarily, the first thing the employee must do is write a statement indicating the date it was written and the justification (“at his own request”). It is not necessary to decipher the reasons why a person wants to quit. This may only be required if the employee does not want to work the required 14 days.

   The application is filled out by hand, the date of writing and the date of dismissal are indicated without the prefix “s”; in some cases, the date of writing and the date of dismissal may coincide

2. As soon as the application reaches the personnel management service, a dismissal order is prepared. As a rule, a standard form approved by the State Statistics Committee of the Russian Federation is taken; the form can be downloaded from the link. The document contains wording referring to the Labor Code of the Russian Federation and indicates the input data of the outgoing employee’s application. Personnel officers must familiarize the dismissed person with the order against signature. If it is not possible to obtain the employee’s signature (he is not at work or he refuses to visa him), a corresponding entry is made on the form. Pay attention to the correct execution of the order, since everyone has the right to appeal their dismissal. A person is given 1 month for this from the moment he is given a copy of the order or work book (Article No. 392 of the Labor Code of the Russian Federation). Therefore, the endorsement of a document by a dismissed employee is the employer’s insurance against litigation and excessive compensation. If a person refuses to visa and receive a document, the employer has the right to send a copy of the order by registered mail with notification and a list of the contents. The date of delivery of this letter to the addressee will be considered the day of receipt.

   Form No. T-8 of the order to terminate an employment contract is not mandatory, but is convenient for execution and available for downloading

3. The next step for personnel officers is to prepare a work book. Please note: the entry in the document is written in full, without abbreviations. The specific article of the Labor Code of the Russian Federation under which the employee is dismissed is indicated. At the same time, for the reason stated above, it is important that the person receives a work book, and the employer has proof of this. In this case, the employer has the right to send the work book by mail strictly with the written consent of the dismissed person. If the employee does not give consent, the employer must send a notice to his place of residence demanding that he appear and pick up his work permit. From this moment on, the organization is released from liability for the delay of the document (Article No. 62 of the Labor Code of the Russian Federation).

   The work book contains the full description of the Labor Code article, the number and date of the order, the serial number of the entry, the date of dismissal and a stamp.

4. Following from the above, the step of personnel officers is to record the fact of issuing the work permit in the Traffic Record Book work records(its form is approved by Resolution of the Ministry of Labor of the Russian Federation No. 69).

   The employee’s visa about receipt of the document or a comment on how it was handed over to the dismissed person is placed in the Book of Records of the Movement of Labor Books

5. The accounting department (payment department) prepares the calculation of the amount of payment to the resigning employee. The employee is due wages for all days worked in the current month, as well as financial compensation for unused vacations, other payments that are provided for by the internal collective and labor agreement.

   On the last working day, the employee must be issued a work permit and a payment must be made; this can be done either in cash or on a salary card

Remember: if the employee did not clarify his data with the personnel department when changing his place of residence, his claims that he did not receive a copy of the order or notice to appear for the book will be considered unfounded by the courts.

The nuances that exist when registering voluntary dismissal:

• You should know that there are situations when, in order to save money on payments, the employer may offer the employee to take a vacation without compulsory leave; in this case, the date of dismissal is considered the last day of vacation;
• if the employee took a vacation in advance, the vacation compensation issued is deducted from the final payment;
• when a dismissed person has not received a payment due to personal reasons (not at work, on vacation, etc.), he can request the due payment at another time, the employer is obliged to pay it within one day;
• there are exceptions to the rules about two-week work, so, if a person is on probation, maximum term for dismissal is equal to three days;
• if the director of the enterprise leaves, the period of service may be 1 month;
• a person has the right to resign of his own free will while on vacation; in this case, the employee writes a statement and follows the standard procedure; there is no need to go to work; the employer does not have to recall the employee from vacation.

It is necessary to emphasize that for a company, dismissal at the initiative of an employee is the least expensive option: you can dismiss an employee in 1 day; compensation payments, in addition to vacation pay, are not necessary. But in the case when former employee

does not want to write a statement “on his own”, but the person needs to be laid off, management can use a compromise option. By the way, an employee can also do this if he wants to receive compensation from the employer.

Advantages of dismissal “by agreement of the parties”

This procedure becomes optimal when it is necessary to fire an employee, but you do not want to spoil the relationship and his reputation. In this option, both parties go in the same direction when terminating their employment obligations, and the dismissal takes place on mutually beneficial terms.

In this option, the separation procedure follows the above algorithm: an application (not necessary, but it can be if the initiator is an employee) or a bilateral agreement to terminate the employment contract - an order - issuance of documents - compensation payments.

• The agreement itself is drawn up in writing in two copies, it states:
• date of dismissal;

amount of compensation, procedure and terms for compensation payments. Pros this option

• for the employer are:
• dismissal can be processed within 1 day;
• the employee will not be able to file a lawsuit for wrongful dismissal; All categories of workers can be fired (including mothers with children up to three years

, minors and pregnant women).

• In this option, the employee receives: besides everyone, due payments additional compensation
• - compensation bonus (most often, this is a salary for 1-3 months);

the opportunity to register with the employment service and receive benefits.

Leaving “by agreement” is most often the best option for dismissal for both the organization and the person

The nuances of registering dismissal “under article”

The most severe option for both parties is dismissal “under the article”.

• In this scenario, strict adherence to all formalities is mandatory. For this purpose, the Labor Code of the Russian Federation has a specific one - “Disciplinary sanctions”, which includes the following:
• comment;
• dismissal for appropriate reasons.

To dismiss an employee under such a pretext, it is necessary to create documented prerequisites for terminating the contract. These may be all of the above objective and subjective reasons for separation at the initiative of the employer:

• dismissal under the first part of Article No. 81 of the Labor Code of the Russian Federation, provided for in paragraphs No. 5-10;
• paragraph No. 1 of Article No. 336 or Article No. 348.11 of this Code.

Moreover, if an employer wants to dismiss an employee “under an article,” all misconduct must be documented so that there are witnesses to disciplinary violations. You need to be prepared to prove that the person did not fulfill his job duties, was incompetent, or violated the regime or safety rules in the workplace.

An important clarification in this case is that you need to know that on the initiative of the employer it is impossible to:

• dismiss an employee when he is on vacation or sick leave (grounds - Article No. 81 of the Labor Code of the Russian Federation);
• pregnant women, as well as women who care for children under three years of age and single mothers (Article No. 261 of the Labor Code of the Russian Federation);
• those who went on strike (Article No. 414 of the Labor Code of the Russian Federation);
• Dismissing persons under the age of majority “under the article” is possible only with official confirmation of permission to do so from the labor inspectorate and the commission for minors (Article No. 270 of the Labor Code of the Russian Federation).

Table: grounds under articles of the Labor Code of the Russian Federation and documents required for dismissal

A package of documents issued to the employee

A detailed list of the set of documents to be issued upon dismissal is as follows:

• a dismissal order is the main basis for terminating an employment contract;
• work book with the correct entry, which indicates the reason for dismissal with reference to the relevant articles of the Labor Code of the Russian Federation;
• certificate in form 2-NDFL for the period worked (the number of copies is not limited, within reason, of course);
• certificate of salary and days of incapacity for work 3 months before dismissal for the employment service (this is a separate certificate, 2-NDFL is not suitable for the exchange);
• salary certificate in form 182N;
• if, upon hiring, an employee handed over a medical book to the employer, it will need to be returned;
• a person has the right to request from the employer extracts from the reporting of insurance premiums (SZV-experience, SZV-M);
• data on vacations granted;
• a copy of the order on employment and internal transfers (if any);
• other documents related to work issues, for example, if the employer has original certificates of training, etc. in the employee’s personal file;
• a person can request letters of recommendation from a manager to present at an interview.

Know: salary certificates and other documents related to the implementation job responsibilities, must be provided upon written request from the employee within three working days.

When terminating the contract, it is better for the employee to request the most complete package of certificates and documents; who knows which of them may be needed when applying for a pension or confirming work experience

How should an employee transfer matters?

As a rule, all resigning employees sign a leave form on their last working day. The list of employees who must endorse this form is established depending on their job responsibilities, for example, if a manager constantly works at a computer, the list, in addition to the immediate supervisor, will include the head of the IT service, if the employee was provided with special clothing - a storekeeper, etc.

Usually, all the details on the transfer of affairs when a person leaves permanent place work is regulated in internal regulations and company instructions.

The main documents here could be:

• regulations on the procedure for accepting and transferring cases upon dismissal;
• instructions for conducting an inventory.

When dismissing materially responsible persons, the employer has the right to take over the cases after conducting an inventory, checking the reporting and safety of property.

If another employee is not hired for the position, everything is transferred to the immediate supervisor or an authorized person.

Please know: the employer does not have the right to call the dismissed person to transfer affairs after the termination of the employment relationship.

Archiving an employee’s personal file upon dismissal

Maintaining personal files of employees is not a mandatory procedure for business; it is the prerogative of government agencies and departments. Therefore, small and medium-sized businesses, most often, do without maintaining this kind of document flow or are limited to opening personal files only for certain employees:

• TOP management;
• middle managers;
• employees burdened with financial liability;
• employees who can expect serious career growth.

Such a dossier is drawn up upon hiring and is supplemented with documents as they are received; after the employee’s dismissal, the personal file is archived.

Each case is placed in a separate folder or file, on title page The employee’s full name, start date and end date are written.

Only the most important ones should be stored here. important documents with personal data of employees, this list usually includes:

• register of personal documents;
• application form according to the enterprise form, which is filled out upon admission;
• photocopy of passport (main page and stamp with registration at place of residence);
• copy of TIN;
• copy of SNILS;
• copy of military ID (for men);
• copy of diploma, other educational documents;
• employee photo;
• if there is, characteristic with previous place services;
• employment application;
• a copy of the employment order;
• a copy of the employment contract and job description;
• a copy of the application and order of dismissal.

Storing employee files is a responsible undertaking, since personal files contain confidential data about a person. Therefore, if it is customary in an organization to conduct personal archive, it must be organized in accordance with the requirements for archiving personal data: a separate room or a fireproof safe cabinet with a key.

Employees' personal files must be kept in the employer's archives for at least 50 years. But in order not to be held responsible for a person’s personal data, upon dismissal, the employer has the right to give all copies to the person, leaving only the originals in the folder.

Video: how to competently fire an employee

Dismissal is most often stressful for an employee. You shouldn’t drive a person into a corner and put pressure on even the most careless employee. Otherwise, he, in turn, will begin to collect incriminating evidence, spoil the company’s image, sabotage orders and turn colleagues against management. As they say in such cases: bad world better than a good fight.