Grounds for dismissing an employee at the initiative of the employer. Which category of employees does not have the right to notice on their own initiative three calendar days in advance? If the employee changes his mind

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The grounds for dismissal under the Labor Code of the Russian Federation in 2018 are listed in Art. 77 Labor Code of the Russian Federation.
General grounds for termination employment contract employee and employer may be the following:

  1. Agreement of the parties. Dismissal on this basis is regulated by Art. 78 Labor Code of the Russian Federation. On this basis, you can cancel any employment contract. To do this, you need to sign an agreement between the employee and the employer, which will detail all the nuances of dismissal.
  2. Expiration of the employment contract. Dismissal on this basis is regulated by Art. 80 Labor Code of the Russian Federation. Having concluded fixed-term contract with the employer, the employee must be prepared for the fact that the contract will expire and the employer may fire him. This is sufficient grounds for termination of the employment relationship. However, there is an exception - if the employment contract has expired, but neither party “remembers” about it, and the employee continues to work, then the terms of the contract’s urgency lose their legal force and the contract becomes concluded for an indefinite period.
  3. Employee initiative – Art. 80 Labor Code of the Russian Federation. The employee has the right to resign by at will. To do this, you need to notify the employer 2 weeks in advance. If the employee is on probationary period, then in 3 days. There is no need to obtain permission from the employer to dismiss on this basis, you just need to properly notify him. It is necessary to be sure that the employer has received the employee’s application. It is necessary to write 2 copies of the application and on one you need to put a note about acceptance. Even if the employer does not agree with the dismissal of the employee, with such notification he will not be able to challenge it in court.
  4. Employer's initiative – Art. 81 Labor Code of the Russian Federation. The employer can also take the initiative and fire the employee. There are several reasons for this, including the guilty actions of the employee. Dismissal at the initiative of the employer must be properly formalized - the employee must be notified and familiarized with the orders and instructions of the employer. If the dismissal was caused by the employee’s guilty actions, then it is necessary to conduct an investigation in accordance with current labor, administrative and civil legislation. Incorrectly executed dismissal of an employee at the initiative of the employer is grounds for challenging the dismissal in court. For example, an employer may reduce staff or headcount. At the same time, he must notify the employee 2 months in advance and offer him a vacancy that matches his qualifications and work experience. If the employee refuses, the employer has the right to dismiss him by paying him severance pay and compensation.
  5. Transfer of an employee to another employer, or election to an elective position. An agreement may be concluded between two employers under which an employee can change jobs by transfer. At the same time, the “old” employer’s employment contract is terminated, and the “new” employer’s employment contract begins. The initiative for transfer can come from both the employee and the employer.
  6. The employee's refusal to continue his work labor relations, if the terms of the contract have been changed in some way. U legal entity The owner of the property may change or restructuring may occur, which led to some changes in the terms of the employment contract in a unilateral manner that does not violate the law. If the employee refuses to comply with the new terms of the contract, he may be fired.
  7. Employee's refusal to move to a new place workplace to another location with the employer. When moving to another location, the employer must notify employees. Refusal to move is grounds for termination of the employment relationship;
  8. Circumstances that do not depend in any way on the will of the parties. Such circumstances may include calling an employee to military service, beginning of studies at higher or secondary vocational educational institution, his detention in connection with the opening of a criminal case or other reasons that make further continuation of the labor relationship impossible;
  9. Violation of internal regulations or labor discipline. Such violations may include absenteeism without a valid reason, appearing at the workplace under the influence of alcohol or drugs, or other violations.

Dismissals for the above reasons must be justified and not fictitious. If the grounds for dismissal are the employee’s guilty actions, then they must be proven and supported by documents.
A correctly executed dismissal under the Labor Code of the Russian Federation 2018 is an obstacle to challenging it in court.

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  • Article 80 of the Labor Code of the Russian Federation. Termination of an employment contract at the initiative of the employee (at his own request)

Labor Code Russian Federation:

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Comments on Article 80 of the Labor Code of the Russian Federation, judicial practice of application

Explanations of the Supreme Court of the Russian Federation

Termination of an employment contract at the initiative of the employee

When considering disputes regarding termination at the initiative of an employee of an employment contract concluded for an indefinite period, as well as a fixed-term employment contract (clause 3 of part one of Article 77, Article 80 of the Labor Code of the Russian Federation), the courts must keep in mind the following:

a) termination of an employment contract at the initiative of an employee is permissible in the case where filing a letter of resignation was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then this circumstance is subject to verification and the responsibility to prove it rests with the employee;

b) the employment contract can be terminated at the initiative of the employee and before the expiration of the two-week notice period for dismissal by agreement between the employee and the employer.

c) based on the content of part four of Article 80 and part four of Article 127 of the Labor Code of the Russian Federation, an employee who has warned the employer about termination of the employment contract has the right until the expiration of the warning period (and when granting leave with subsequent dismissal- before the start of the vacation) withdraw your application, and dismissal in this case is not carried out, provided that another employee is not invited in writing to take his place...

See for more details paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”

Explanations of the Constitutional Court of the Russian Federation

Constitutional Court of the Russian Federation: Part 1, Art. 80 of the Labor Code of the Russian Federation on the possibility of an employee to resign at any time does not contradict the Constitution

Having provided in part one of Article 80 of the Labor Code of the Russian Federation the opportunity for an employee to freely resign at any time for own initiative and having established the only requirement - to notify the employer about this no later than two weeks in advance, the federal legislator created a legal mechanism to ensure the exercise of the right of citizens to freely dispose of their abilities to work. In addition, in order to maximally take into account the interests of employees, part four of the same article gives the employee the right to withdraw his application before the expiration of the notice period for dismissal (unless another employee is invited in his place in writing, who cannot be denied an employment contract).

At the same time, the Supreme Court of the Russian Federation in Resolution of the Plenum of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” indicates the need for courts to check, when considering disputes about the termination of an employment contract at the initiative of an employee, the assertion that there is no voluntary expression of the employee’s will to dismiss (subparagraph “a” of paragraph 22).

Thus, the specified legal regulation is aimed at protecting the labor rights of workers and cannot be considered as violating the constitutional rights of the applicant (Determination of the Constitutional Court of the Russian Federation dated November 20, 2014 N 2577-O)

Constitutional Court of the Russian Federation: Part 3, Art. 80 of the Labor Code of the Russian Federation on the possibility of an employee to resign at any time in case of violation of the law by the employer does not contradict the Constitution

Part three of Article 80 of the Labor Code of the Russian Federation provides the employee with the opportunity to terminate the employment relationship within a period chosen by him in the event that the employer violates the requirements of labor legislation, regulations and other regulatory legal acts containing norms labor law, local regulations, terms of a collective agreement, agreement or employment contract; this norm is of a guarantee nature and cannot in itself be regarded as violating any constitutional rights of citizens (Determination of the Constitutional Court of the Russian Federation dated June 23, 2015 N 1242-O)

Constitutional Court of the Russian Federation: Part 3, Art. 80 of the Labor Code of the Russian Federation on the possibility of an employee to resign at any time in the event of retirement does not contradict the Constitution

The Labor Code of the Russian Federation provides for the right of an employee to terminate an employment contract with an employer by warning him about this in advance in writing. At the same time, as the Constitutional Court of the Russian Federation previously noted, the requirement addressed to the employee to notify the employer of his dismissal, as a general rule, no later than two weeks (part one of Article 80 of the Labor Code of the Russian Federation) is due to the need to provide the employer with the opportunity to promptly select a new one for the vacant position. employee, and the right of the employee, enshrined in part four of the same article, to withdraw his application before the expiration of the notice period for dismissal (unless another employee is invited in his place in writing, who cannot be denied an employment contract) is aimed at protecting the labor rights of the employee ( definitions of January 25, 2007 N 131-О-О and of March 22, 2011 N 297-О-О).

As an exception to the general rule about the need to work for two weeks from the date of filing an application for resignation at one’s own request, part three of Article 80 of the Labor Code of the Russian Federation obliges the employer to terminate the employment contract within the period specified in the employee’s application if the dismissal is due to the impossibility of continuing work ( enrollment in an educational organization, retirement and other cases).

Thus, the contested legal provision, allowing the date of dismissal to be determined in a resignation letter of one’s own free will, acts as an additional guarantee for persons wishing to leave work due to retirement, is aimed at maximizing their interests in a situation where it is impossible for them to continue working, and does not violate the constitutional rights of the applicant (Determination of the Constitutional Court of the Russian Federation dated July 3, 2014 N 1487-O)

Article 80 of the Labor Code of the Russian Federation. Termination of an employment contract at the initiative of the employee (at his own request)

Article text.

Comments on the article

Early termination of a fixed-term contract

Urgent work. a contract is an agreement between an employee and an employer, concluded for a certain period of time (for example, six months). Upon expiration of the period specified in the agreement, the contract is terminated or, if the employment relationship continues, transformed into an open-ended one.

A fixed-term contract can be terminated on the same grounds as a regular one before its validity period ends.

So, the fixed-term contract is terminated early:

  • by agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
  • due to circumstances beyond anyone’s control (for example, an employee being drafted into the army) (Article 83 of the Labor Code of the Russian Federation);
  • at the employee’s own request (Article 80 of the Labor Code of the Russian Federation);

The deadline for submitting an application when leaving on your own initiative for a fixed-term employee depends on the period of time for which his contract was concluded. So, if a fixed-term contract was signed to fulfill seasonal work or work lasting up to 2 months, then you must submit an application at least 3 months in advance calendar days before the date of departure (Article 292 of the Labor Code of the Russian Federation). If the contract term is more than 2 months, then under Art. 80 of the Labor Code of the Russian Federation, the application must be submitted no later than 2 weeks in advance, that is, within the same period as for termination of regular employment. agreement.

When resigning by agreement with management or due to unexpected circumstances, an employee may not work the 3-day or 2-week period required by law. But only if he reaches an agreement with management or presents a document confirming the need to urgently resign (a summons to the army, a document confirming the transfer of a spouse to another city or sending him to study, etc.).

Early dismissal of a temporary employee is formalized in the usual manner. According to the general rules, the final cash settlement is made.

Temporary employees are also paid compensation for unused vacation. Moreover, for an employee with whom the contract was signed for less than 2 months or for a season, paid leave is calculated according to the scheme: 2 working days for each month (Article 291 and Article 295 of the Labor Code of the Russian Federation).

Dismissal of a remote employee due to retirement

Part 1 art. 80 of the Labor Code of the Russian Federation gives employees the right to terminate their employment. agreement according to its intention, notifying management about it at least 2 weeks in advance. In this case, a different notice period may be established by the Code or Federal Law. The 2-week countdown begins the day after the manager receives the resignation letter.

Exists general rule, according to which you can quit without working out only with the consent of the employer. However, there are exceptions to the rule - special circumstances provided for in Part 3 of Article 80 of the Labor Code of the Russian Federation.

So, if the dismissal of an employee occurs due to the inability to continue working for objective reasons, then the employer must dismiss him within the period that the employee writes in the application.

Part 3 of Article 80 of the Labor Code of the Russian Federation includes the following grounds for dismissal without service:

  • a documented valid reason for termination of employment - retirement, enrollment in a university, conscription into the army, etc. (the list is not closed);
  • proven violation by the employer of the provisions of the Labor Code of the Russian Federation, norms. acts or agreements with an employee.

Retirement is a special circumstance in connection with which an employee can put any date suitable for himself in his resignation letter on his own initiative. At the same time, judges, when considering disputes, clarify that a pensioner’s right to dismissal at a convenient time does not depend on the immediate moment of retirement (Court Ruling dated December 8, 2010 N 33-38420). An employee can take advantage of the opportunity to resign immediately after retirement, or work for some time after retirement and then resign without working for 2 weeks.

That is, Part 3 of Article 80 of the Labor Code of the Russian Federation establishes for retired workers a guaranteed opportunity to go on vacation at a convenient time.

But does the fact that he is a remote worker matter when dismissing an employee of retirement age?

First, let's define remote work. According to Article 312.1 of the Labor Code of the Russian Federation, this is the fulfillment of the duties specified in the employment contract outside the workplace when interacting with management through means of communication (telephone, Internet). Labor is concluded with remote employees. contracts that stipulate their working conditions. Labor law provisions fully apply to remote workers.

Art. 3 of the Labor Code of the Russian Federation indicates the unacceptability of labor restrictions. rights and freedoms of workers due to circumstances not related to their business skills and qualities.

Consequently, the fact that a pensioner works remotely cannot affect his right to resign at a convenient time. Employees working at work. distance work agreements have the same rights and obligations as full-time employees.

Dismissal remote employee upon retirement, it must be formalized by management within the period specified by the pensioner in the application.

Information about changes:

Federal Law No. 185-FZ of July 2, 2013 amended Article 80 of this Code, which comes into force on September 1, 2013.

Article 80. Termination of an employment contract at the initiative of the employee (at his own request)

See Encyclopedias and other comments to Article 80 of the Labor Code of the Russian Federation

In accordance with the Penal Code of the Russian Federation, during the period of serving correctional labor, convicts are prohibited from dismissal from work at their own request without permission in writing from the penal inspection

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

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

On appealing part three of Article 80 of this Code, see Determination of the Constitutional Court of the Russian Federation of January 22, 2004 No. 11-O

In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

On the issuance of a certificate on the day of termination of work about the amount of earnings for the two calendar years preceding the year of termination of work, see Article 4.1 of the Federal Law of December 29, 2006 N 255-FZ “On Mandatory social insurance in case of temporary disability and in connection with maternity"

On the transfer on the day of dismissal of information on accrued and paid insurance contributions of compulsory pension insurance, see Federal Law of April 1, 1996 N 27-FZ “On individual (personalized) accounting in the compulsory pension insurance system”

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

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Article 80. Termination of an employment contract at the initiative of the employee (at his own request)

ST 80 Labor Code of the Russian Federation.

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

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

In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Commentary to Art. 80 Labor Code of the Russian Federation

1. The commented article 80 of the Labor Code regulates the procedure for termination, at the initiative of the employee, of both a fixed-term employment contract before its expiration, and a contract concluded for an indefinite period.

2. The employee’s will to terminate the employment contract must be expressed in writing. All other forms of such expression of will have no legal significance. The corresponding employee initiative is usually expressed in the form of a statement.

In practice, there are often cases when an employer delays making payments to an employee and issuing a work book to him, citing the fact that the employee did not fill out the so-called bypass sheet, did not hand over the material assets he accepted, etc. This type of practice is not provided for by labor legislation and is therefore illegal. Moreover, upon expiration of the notice period for dismissal, the employee has the right to stop working, and the employer is obliged to issue him a work book on the day of dismissal (last day of work) and, upon the written request of the employee, copies of documents related to the work, as well as pay all amounts due to him from the employer (see Articles 62, 140 of the Labor Code of the Russian Federation and commentary thereto).

3. Termination of an employment contract at the initiative of the employee is possible at any time and without specifying the reasons that served as the basis for dismissal. At the same time, if the employee believes that the reason that determined his intention to terminate the employment contract is significant, he can indicate it in his resignation letter. Accordingly, this reason is indicated in the order to terminate the employment contract, on the basis of which an entry is made in work book employee.

4. The Supreme Court of the Russian Federation draws the attention of courts to the need to proceed from the fact that termination of an employment contract at the initiative of an employee is permissible in cases where filing a letter of resignation was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then this circumstance is subject to verification and the responsibility to prove it rests with the employee (subparagraph “a”, paragraph 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “ On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation"). However, the employer’s threat to terminate the contract with him on his own initiative cannot be considered as forcing an employee to resign at his own request, provided that the employer had grounds for this provided for by law (see Article 81 of the Labor Code of the Russian Federation and the commentary thereto).

5. If, before the expiration of the notice period for termination of the employment contract, the employee refuses to be dismissed at his own request, he is considered to have not submitted an application and cannot be dismissed on the grounds in question. An exception is the case when another employee is invited in writing to replace the resigning employee, who by law cannot be refused to conclude an employment contract. The wording of the commented article 80 of the Labor Code of the Russian Federation is quite unambiguous: we mean only those cases when another employee is invited to replace an employee who resigns at his own request, and in writing, i.e. a person employed by another employer who is dismissed by way of transfer to this employer (see Article 72, paragraph 5 of Article 77 of the Labor Code of the Russian Federation and commentary thereto). Accordingly, all other statutory guarantees for concluding an employment contract (see Article 64 of the Labor Code of the Russian Federation and the commentary thereto) do not apply to the situation provided for in the commented article. For example, an employee cannot be denied annulment of a voluntary resignation on the grounds that his position is expected to be filled by a pregnant woman who has been promised the job.

When granting leave with subsequent dismissal in the event of termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his application for dismissal before the start date of the leave, if another employee is not invited to take his place by way of transfer (see Article 127 of the Labor Code of the Russian Federation and commentary to her). If, while on vacation, the employee becomes temporarily incapacitated, as well as in the presence of other valid reasons, the vacation must be extended by the appropriate number of days (see Article 124 of the Labor Code of the Russian Federation and the commentary thereto), and the day of dismissal is considered the last day of vacation . However, if the employee insists on terminating the employment contract from the initially determined date, his request must be satisfied.

Since the law provides for a mandatory written form for filing an application for resignation of one’s own free will, it should be assumed that the employee’s will to cancel this application must be expressed in the same form.

6. If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the contract continues. Thus, the fact that the employee’s work period has expired excludes the possibility for the employer to terminate the employment contract on the grounds in question, if “the employee does not insist on dismissal.” The latter formulation is broad and vague. It should be assumed that this applies to the case when, after the expiration of the notice period for dismissal, the employee returned to work and was allowed to work (i.e., continued to perform duties under the employment contract). At the same time, part 6 of the commented article should also apply when the employee expressed a desire to continue working and was not allowed to work, but the employer delayed the issuance of a work book, other documents required by the employee related to the work, as well as settlement with him.

The forms in which an employee can “insist on dismissal” are not defined by law. The most obvious is termination of work upon expiration of the notice period; however, the employee’s expression of will in other forms when continuing work is not excluded. In the latter case, dismissal must be carried out within other terms agreed upon by the parties.

It should be borne in mind that the employee’s demand in question has legal significance only at the time of expiration of the working period. If the employment contract was not terminated after the expiration of the work period, the employee continued to work, and subsequently demanded termination of the employment contract with him with reference to Part 6 of the commented Article 80 of the Labor Code of the Russian Federation, such a demand cannot be considered legal: the employment contract must be terminated according to the rules established by the commented article, including working out the established notice period for dismissal.

7. The period of notice by the employee to the employer about the upcoming dismissal is determined by labor legislation. In accordance with the commented article, an employee, when terminating an employment contract, is obliged to notify the employer about this in writing no later than two weeks in advance. Consequently, notice of voluntary dismissal can be given earlier than two weeks.

A temporary or seasonal employee must notify the employer about this three days in advance (see Articles 292, 296 of the Labor Code of the Russian Federation and the commentary thereto). The same period is provided for the dismissal of an employee at his own request during the probationary period (see Article 71 of the Labor Code of the Russian Federation and the commentary thereto). The head of an organization has the right to terminate an employment contract early by notifying the employer (owner) of the organization’s property no later than one month in advance (see Article 280 of the Labor Code of the Russian Federation and the commentary thereto). The expiration date begins on the day after calendar date, which determines the filing of an application (see Article 14 of the Labor Code of the Russian Federation and the commentary thereto).

An employee’s absence from work for valid reasons (for example, due to temporary incapacity for work) is not grounds for extending the period of service upon dismissal of his own free will. At the same time, the employee’s refusal to dismiss may be declared by the employee during his absence from work for the specified reasons.

As a general rule, unilateral reduction of the working period is not allowed. So, if an employee left work without working the period established by law, then this fact is regarded as absenteeism, giving grounds to dismiss the employee at the initiative of the employer (subparagraph “a”, paragraph 6 of Article 81 of the Labor Code of the Russian Federation). At the same time, judicial practice proceeds from the fact that an arbitrary reduction of the working period by the employer, without the consent of the employee, or dismissal without working off, gives the employee grounds to demand reinstatement at work with payment for the time of forced absence.

There is one exception to this rule, when the reduction of the period is due to valid reasons, the list of which is given in Part 3 of the commented Article 80 of the Labor Code of the Russian Federation. Among such cases, one can indicate the entry of an employee into military service under a contract (see Article 83 of the Labor Code of the Russian Federation and the commentary thereto).

The fact of violation by the employer of laws and other normative legal acts containing labor law norms, the terms of a collective agreement, agreement or employment contract, as a circumstance obliging the employer to terminate the employment contract within the period specified in the employee’s application, can be established, in particular, by the bodies implementing state supervision and control over compliance with labor legislation, trade unions, labor unions, courts (subparagraph “b”, paragraph 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2). In these cases, the employer is obliged to terminate the employment contract within the period requested by the employee.

In all other cases, the agreement of the parties must be reached regarding the termination of an employment contract at the initiative of the employee without working out the period established by law or with a reduction in this period (subparagraph “b”, paragraph 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2). It can be expressed in the form of a written statement from the employee about resignation of his own free will, indicating in it the conditions for dismissal without service or with a shortened period of service, or a corresponding order from the employer containing the signature of the resigning employee. Since the Labor Code of the Russian Federation does not provide for a form of agreement between the employee and the employer regarding the period of service upon dismissal at their own request, such an agreement can also be reached orally. However, the difficulty of proving the existence of this agreement should be taken into account.

8. As a general rule, if there is another reason for terminating an employment contract (for example, a change of owner of the organization (see Article 75 of the Labor Code of the Russian Federation and the commentary thereto), transfer to work for another employer or to an elective position (see Article 77 of the Labor Code RF and commentary thereto), the employee’s refusal to continue working due to the change essential conditions employment contract (see Article 74 of the Labor Code of the Russian Federation and the commentary to it), refusal to transfer to another job in accordance with a medical report, refusal to transfer in connection with the relocation of the employer to another area (see Article 72.1 of the Labor Code of the Russian Federation and commentary to it)) priority should be given to the employee’s expression of will to resign at his own request.

An employee's submission of a written resignation letter of his own free will cannot be considered a circumstance excluding the possibility of termination of an employment contract with him at the initiative of the employer - if there are grounds for this established by law.

9. For the specifics of terminating an employment contract with an athlete on the latter’s initiative, see Art. 348.12 of the Labor Code of the Russian Federation and commentary to it.

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Every able-bodied citizen is guaranteed the right to work. Likewise, the law ensures the rights of workers to safe working conditions, rest and wages, and, paradoxically, the right to dismissal. Dismissal at the initiative of an employee is a right that no employer can challenge. Even if there is unfinished work, even if the employee has not handed over his work to his successor, or a shortage is discovered in his area of ​​​​work. You can't not get fired.

Another question is how to dismiss correctly, so that there are no complaints either from the employee himself, or from the employment service, or the labor inspectorate. As you know, sometimes a valuable specialist is left without a job because he quit, allegedly “on his own”, from a previous enterprise, but has not yet found a job at another. Because of such special cases, in lately The inspectorate is increasingly checking cases of voluntary dismissal of disabled people, pregnant women, and other vulnerable categories of employees to determine whether such departure is “forced” or voluntary.

How to fire an employee on his own initiative

With this wording of dismissal, both for the employee and the employer, the law establishes certain requirements. So, the employee must express his desire to leave in writing. And at the same time, he does not ask for permission to resign, but confronts the organization with the fact that he does not intend to continue the existing employment relationship under the previously concluded contract. This means that he can leave work after fourteen days of service, in any case.

If the employer has unresolved issues or conflicts with him, then all disputes can be referred to the court for resolution. This refers to disputes of a property nature, and not refusal to fulfill an order, etc. All personal and controversial issues must be resolved while the employee is working at the enterprise, including by drawing up reports and documents on his violation of labor discipline. After which, such a specialist may be subject to disciplinary action. But only while he is on the company's staff.

The procedure for dismissal at the initiative of an employee is quite simple:

  • First, the employee submits a statement of resignation, and the person who accepted this statement from him must put a stamp and sign that the document has been received;
  • After submitting the application, if there are no valid reasons for dismissing him earlier, you must work in this position for another two weeks until a replacement is found for the employee;
  • After a two-week period, the employer is obliged to issue a dismissal order;
  • The specialist gets acquainted with the order of his dismissal and signs it;
  • Information about dismissal is also entered into the work book, with the wording of dismissal, exactly as specified in the Labor Code;
  • After the employee has read the entry in his work record and received it in his hands, he must also sign in the journal of movement and accounting of work books at the enterprise;
  • The company issues certificates of income and deductions;
  • A settlement is made with the employee - he is paid a salary and compensation for unused vacation.

When can you fire an employee at his request?

There is a statutory prohibition on terminating an employment contract with an employee during his absence from work for a valid reason, for example, sick leave or vacation. But such a requirement does not apply to cases of dismissal of an employee at the initiative of the employee. He has the right to resign from his position both during vacation and during illness. Only the procedure for submitting an application and the procedure for obtaining documents changes.

Depending on how long the vacation lasts, it may happen that the employee does not have to work the required two weeks at all. Because the deadlines established by law are not interrupted by vacation or when the interested person is on sick leave. The employer does not have the right to keep him at work for the reason that he did not work the actual time. But the Code does not indicate anything about actual work. The notice period for dismissal has been established, and not the accepted period for the so-called “working off” for the benefit of the enterprise.

But there is a nuance that both the employee and his employer should pay attention to. If, after returning from vacation or sick leave, an order was not issued to terminate the employment contract, and the employee himself began to fulfill his work duties, he can no longer be fired. That is, the agreement continues to be valid. And, if a specialist still wants to quit, he will again have to submit a corresponding application, and then wait fourteen days before terminating the employment relationship.

Procedure for registering termination of employment relations

An order to dismiss an employee at the employee’s initiative is issued using the approved T-8 form. All calculations must be made on the last working day of such employee. The exception is the same cases of illness, or the employee goes on vacation. And, what is noteworthy, if the company allowed an employee to go on vacation with subsequent dismissal, the last day of work is not considered the last day of vacation, but the day before leaving for a legal paid annual vacation.

Documents related to work are given to the employee personally; he must make a note about the fact of their receipt in the journals and documentation of the enterprise. Accounting statements must also contain information about the issue cash exactly on the specified last working day.

The procedure for dismissing an employee is determined by the provisions of the Labor Code of the Russian Federation and refers to carefully regulated procedures. This is perhaps the most difficult part of the relationship between employer and employees.

Legislation protects the rights not only of those who work, but also of those who provide work, so the ability not to encounter problems later depends on compliance with all the nuances and requirements. This applies to mutual claims regarding settlements, complaints about illegal dismissal, errors in payments and issuance of documents.

Grounds for termination of employment relations

The grounds for termination of an employment contract are set out in Art. 77 Labor Code of the Russian Federation. This is a general list of reasons why a decision to dismiss may be made. You can terminate a relationship in accordance with the law in the following ways:

  • by agreement of the parties - this is an option in which the employer and employee can jointly develop the terms of separation and formalize them as an addition to the main contract, and this can be done at the stage of hiring;
  • at the employee’s own request, which the employer cannot interfere with;
  • at the initiative of the employer - this includes all cases when the continuation of the employment relationship, in the opinion of the employer, becomes impossible, including the termination of the existence of the enterprise, and other reasons;
  • for other circumstances beyond the control of the parties - these are both the requirements of the law and the fulfillment of state duties.

Both parties must understand that when dismissing, grounds not specified in the Labor Code cannot be used, and some of the wordings are applied only in a limited number of cases.

Who cannot be fired at the request of the employer

The rules for dismissing employees of an enterprise, company or individual entrepreneur limit the employer’s options in relation to several categories of persons.

These are pregnant women and those raising children (up to the age of three), single mothers with children under 14 years of age, mothers with disabled children under 18 years of age, and persons who are covered by the wording: “raising children on their own.”

It also applies to fathers, so a man with a child without a mother, a guardian or adoptive parent under such circumstances also cannot be fired. The only exception is the termination of existence (liquidation) of the enterprise.

Advantages of dismissal by agreement of the parties

Practice personnel work shows that in the overwhelming majority of cases, termination of employment occurs either at the employee’s own request or at the initiative of the employer. The conclusion of an agreement is much less common, since not everyone understands the very essence of this form of dismissal. But, from the point of view of both parties, it provides certain advantages and guarantees:

  • a correctly drawn up agreement of the parties that does not violate the requirements of the law guarantees the absence of mutual claims in the future;
  • it will be easier for an employee to register as job seeker(unemployed);
  • this form of dismissal allows you to agree on payments from the employer and avoid working out the required two-week period;
  • the employer insures himself against cases when he is accused of forcing an employee to write a statement of his own free will.

This interesting subtlety is well known to experienced personnel officers and managers. If the parties have agreed on the terms of termination labor agreement, dismissal can be completely painless.

Dismissal at the request (initiative) of the employee

The procedure for dismissing an employee on his own initiative assumes that the employer will have time to find a replacement and make appropriate personnel changes. Article 80 of the Labor Code of the Russian Federation establishes the regulations for the execution of such a decision:

  • the application is submitted 2 weeks before the final payment date, regardless of whether the employee is on-site or sick or using vacation;
  • the dismissal order is drawn up in advance, at the time of termination of the relationship it must be signed by both parties (the employee is familiar with it);
  • on the last day, the employee receives a work book, personal income tax certificate 2 and those documents that he previously requested in writing;
  • subsequently, the dismissed person can apply to his previous place of work for extracts, certificates and confirmation of his work activity.

After receiving and registering an application, the employer cannot change the deadline for its execution, and the employee has the right to withdraw it at any time and continue to work. That is why it is recommended to check the registration of the application at the time of submission, so as not to end up in the position of a truant later. If the dismissal order is not signed and prepared by the specified date, then the employee may not show up. But if the application is “lost,” then it will be extremely difficult to prove its filing.

A two-week period of work is not considered mandatory if the employee has announced a move, is drafted into the army, entered study, or retires. Violation of the Labor Code of the Russian Federation by the employer also falls into this category. All circumstances must be evidential - they must be documented.

Payment at the initiative of the employer

The employer has the right to take the initiative and dismiss an employee if he systematically fails to fulfill his duties, commits violations of discipline and internal rules, or has been disqualified.

Dismissals for violations

When dismissal due to persistent violations, it is necessary to collect an evidence base that will include orders with their descriptions. The wording “loss of trust” can only be used in relation to persons directly related to the financial part or material assets, for example, cashiers, storekeepers. This approach cannot be applied to a chief accountant or economist.

Drunk worker

What to do with a drunk employee? He can be fired, but only if he was taken for an examination, which confirmed the fact of intoxication. The employer must organize transport, and if the result of the examination is negative, pay its cost from his own funds.

If you refuse this procedure, you will have to draw up a report, remove the offender from work and collect evidence that shows signs of intoxication. It is possible to call the police so that their representatives can arrange delivery to the dispensary themselves.

You can use “tubes” and other means, but they will not be considered evidence of intoxication without the conclusion of a narcologist who conducted tests at the dispensary, while at the workplace at the time established by the schedule.

Absenteeism and failure to perform duties

Recorded and confirmed absenteeism is considered grounds for dismissal. But there is a subtlety here: if the employee has already been punished for it with a reprimand in the order, then he will have to wait for the next absence.

Dismissal in this case is considered as a disciplinary sanction, and it cannot be applied twice for the same violation. The duration of absence from work is at least three hours.

But it is prohibited to classify as absenteeism a case when a person did not leave the territory of the enterprise or workshop - this refers to failure to fulfill duties. If there is evidence that the employee could not be found for several hours, then absenteeism becomes possible.

When can you not be fired?

Very important detail, which applies to all cases of termination of employment by the employer - it is impossible to fire someone who is on vacation or sick leave. You just have to wait for the end of this period.

As for payments and deductions from earnings at the time of termination of the employment contract, the employer should exercise caution and carefully study the provisions of the Labor Code of the Russian Federation. Proven material damage can be withheld only in the amount of one salary (no more), and compensation for the cost of workwear, if it was not returned on time, is allowed in an amount not exceeding 20% ​​of the salary.

Any other deductions from the final payment are not allowed and may result in sanctions if the employee contacts the labor inspectorate.

How to act upon dismissal - instructions for employees and employers

The process of dismissal by mutual agreement, the desire of the employee or the initiative of the employer must comply with legal requirements. This applies to deadlines, paperwork, payments, and other features.

Employee's procedure

Step-by-step instructions for an employee look like this:

  • an application is submitted with the wording “at your own request”, you make sure that it is registered with an incoming number;
  • after the order is issued, you sign to familiarize yourself with it;
  • after two weeks you are provided with a calculation, work book and salary certificate, after which your responsibilities towards the employer are completed;
  • you have the right to withdraw your application at any time, while remaining in your previous position, without taking into account the employer’s relationship with his new employees or applicants for your place.

When making payments by agreement of the parties, a period of two weeks is not required.

The employer's procedure

On the part of the employer, the procedure for dismissing an employee should be as follows:

  • a statement is registered or a violation is recorded that will become the basis for termination of the relationship;
  • an order is issued indicating the reason for dismissal, the date of the violation or the employee’s appeal, and a link to the article of the Labor Code is provided;
  • the employee undergoes familiarization, and if he cannot be found, a report is drawn up describing the circumstances, which is attached to the order;
  • on the last day of work, a person receives a paycheck and documents, and this must be done before the formal end of his shift according to the schedule;
  • a receipt is taken stating that the documents were given, and if the person did not pick them up himself, everything must be sent by registered mail at the address specified in the contract.

Typical mistakes made by the employer in such cases are delays in payments, late transfer of documents, or indication in the work book of wording not provided for by law. The grounds must be entered in accordance with the text of the Labor Code of the Russian Federation, and the article must be indicated!

Subtleties and features of dismissal

What other subtleties of dismissal should be taken into account?

  1. There is the possibility of dismissal by transfer - this requires a document in which the new employer confirms his intentions.
  2. Fixed-term employment contracts are terminated at a specified time, but they may include, for example, the performance of a certain amount of work.
  3. For managers and responsible employees who must submit cases, the work period can be extended to a month.
  4. An employee has the right to refuse to continue relations with the employer if working conditions change significantly, production is moved to a new location, which requires employees to move, staff is being reduced, and you do not want to move to the remaining positions.

The right to withdraw an application at your own request continues to apply even after signing the dismissal order, but only until you pick up the work book and familiarize yourself with the order. Usually, in order to avoid problems, familiarization is delayed until the last moment.

In this article, we will look at what to do if an employer faces the need to fire one or more employees. What does the law allow?

General grounds

A detailed list of grounds for dismissal, in the presence of which the employer has the right to terminate the employment contract with the employee, is set out in Art. 81 Labor Code of the Russian Federation.

The list includes such grounds for dismissal as:

  • termination of the existence of an organization or individual entrepreneur (clause 1, part 1, article 81 of the Labor Code of the Russian Federation);
  • the need to reduce the number of employees or staff (clause 2, part 1, article 81 of the Labor Code of the Russian Federation);
  • inconsistency of personnel with their positions due to insufficient qualifications, in accordance with data confirmed by certification (clause 3, part 1, article 81 of the Labor Code of the Russian Federation);
  • change in the owner of the enterprise’s property (clause 4, part 1, article 81 of the Labor Code of the Russian Federation);
  • repeated failure by an employee to perform the functions of his position, subject to a disciplinary sanction (clause 5, part 1, article 81 of the Labor Code of the Russian Federation);
  • a gross one-time violation by an employee of the established duties of the position (clause 6, part 1, article 81 of the Labor Code of the Russian Federation);
  • guilty actions of an employee servicing monetary or commercial valuables, provided there are grounds for loss of trust (clause 7, part 1, article 81 of the Labor Code of the Russian Federation);
  • commission of an act of an immoral nature by an employee with the functionality of a teacher (clause 8, part 1, article 81 of the Labor Code of the Russian Federation);
  • an unjustified decision of the head of the institution, which caused the loss of property, violation of integrity (clause 9, part 1, article 81 of the Labor Code of the Russian Federation);
  • a gross one-time violation by a manager, his deputy, or an employee of the established duties of the position (clause 10, part 1, article 81 of the Labor Code of the Russian Federation);
  • submission by an employee to the employer of fictitious documents in the process of drawing up an employment agreement (clause 11, part 1, article 81 of the Labor Code of the Russian Federation).

The employer may try to dismiss an employee without the latter's fault on his own initiative. However, this process is long and complex, in in some cases the employer will be forced to pay compensation. It is easier to terminate an employment contract at the initiative of the employer if an employee commits a gross violation of labor discipline.

Gross violation of discipline

What must an employee do in order to be dismissed at the initiative of the employer?

The legislation allows for the imposition of disciplinary sanctions, the most severe of which is the dismissal of an employee at the initiative of the employer (clauses 5-8, 10, 11 of Article 81 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation allows dismissal at the initiative of the employer (clause 6 of Article 81 of the Labor Code of the Russian Federation), which include:

  • absenteeism (without a valid reason for more than 4 hours in a row);
  • state of intoxication confirmed by medical examination;
  • disclosure of state or trade secret established in court;
  • material damage to the organization or third parties (theft, embezzlement), confirmed by the court;
  • violation of labor protection rules with serious consequences;
  • loss of trust in those working with valuables and money;
  • immoral behavior of teaching staff;
  • provision of false documents when applying for a job (Clause 11, Article 81 of the Labor Code of the Russian Federation).

The procedure for dismissal at the initiative of the employer in this case will be as follows.

  1. Identify the fact of violation and record it in a document (act, protocol, memo, examination conclusion, judicial act).
  2. Request explanations in writing, and if you refuse to give an explanation, draw up an act (Article 193 of the Labor Code of the Russian Federation).
  3. Make a decision on dismissal, issue an order, which is presented against signature, and in case of refusal - an act. Dismissal can be formalized by order in the unified form T-8 in accordance with Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 or in a form developed by the employer (Part 1, Article 84 of the Labor Code of the Russian Federation). Publication of the document according to clause 6. Part 1 of Art. 81 of the Labor Code of the Russian Federation is possible if:
    • no more than one month has passed since the discovery of the offense (the period does not include being on sick leave or on vacation);
    • no more than 6 months have passed since the offense (the period does not include the period of criminal proceedings).
  4. Make an entry about the dismissal in the work book.
  5. Make an entry about the dismissal in the employee’s personal card (unified form T-2) in connection with a one-time gross violation of the employee’s job duties.
  6. On the day of dismissal, as a general rule, final payment is made for the time actually worked and compensation is paid for unused vacation.

Dismissal for violation of labor discipline is also possible, but if the violations are systematic and confirmed by officially imposed penalties.

Multiple violations of discipline

The law also provided for the possibility of dismissing an employee who regularly violates labor discipline and does not plan to improve. In this case, you need to follow these steps:

  1. To establish the fact of violation of labor discipline - non-compliance must be recorded in an act or other document (Article 81 of the Labor Code of the Russian Federation).
  2. Demand an explanation from the culprit (Article 193 of the Labor Code of the Russian Federation). An offer to provide explanations must be made in writing; if the person is absent, it must be sent by mail.
  3. To identify the presence of an outstanding reprimand or reprimand - no more than a year should pass from the moment of involvement in the first case (Articles 81, 194 of the Labor Code of the Russian Federation).
  4. Make sure there are no valid reasons for violation of discipline. For example: if you are absent from work, you need to make sure that the employee did not donate blood, did not get into an accident, does not have a court summons, etc. Determine whether the woman is pregnant (Article 81, Article 261 of the Labor Code of the Russian Federation) .
  5. Issue an order (Article 84.1 of the Labor Code of the Russian Federation), familiarize the perpetrator with it against his signature, or draw up an act (Article 193 of the Labor Code of the Russian Federation).
  6. Make an entry in the work book.
  7. Issue final payment and work book on the day of dismissal. Here, if an employee causes material damage to the enterprise, resolve the issue of compensation (Articles 232, 238 of the Labor Code of the Russian Federation).

Please note that the duties for which a person is involved must be established by an employment contract, internal labor regulations, job description, technical rules (in this case, the contract must contain a reference to the last two).

Sample certificate of absence from work

During the probationary period

It is possible to dismiss an employee at the initiative of the employer during a probationary period due to Part 1 of Art. 71 of the Labor Code of the Russian Federation, if the test result is unsatisfactory.

To make it easier in the future to prove a person’s insolvency as an employee, upon hiring it is necessary to draw up a list of tasks and specific requirements that must be fulfilled. To successfully complete these tasks, you must solve them.

During the probationary period, the employee can be dismissed at any time at the initiative of the employer, while confirming the inadequacy of the position held.

To do this, it is necessary to document every fact of non-fulfillment of assigned tasks. And in case conflict situation The organization will be able to use these documents to prove the incompetence of the dismissed person.

These could be:

  • acts on defective products;
  • reports and memos from immediate supervisors and colleagues about the poor performance of their duties by the subject;
  • protocols of the commission based on the results of passing the test period;
  • reports from the subject on the results of his activities;
  • orders for disciplinary action during the probationary period.

The important point is written notice 3 days before the end of the term, indicating the reasons for termination of the contract at the initiative of the employer.

It takes into account the following nuances:

  • form - written only;
  • deadline - no later than 3 days before the end of the term;
  • the reason is an unsuccessful result, a negative assessment of the work by management.

Please note that the contract should have reflected the test clause. If it is not there, the employee is considered accepted without testing (Article 70 of the Labor Code of the Russian Federation).

If the warning period is not met and the person continues to work after the expiration of the period, he is considered to have passed the test.

For circumstances beyond the control of the employee or employer

In such cases, according to Art. 83 of the Labor Code of the Russian Federation, include:

  • (the key fact is that the person has received a document confirming the call);
  • or state labor inspectorate (before dismissal, the person must be offered all available vacancies in the area; if the transfer is refused, the person is fired);
  • non-election to a position (applies to those with whom an agreement was concluded in connection with election to a position for a certain period (including based on the results of a competition);
  • imprisonment by court verdict;
  • disability for medical reasons;
  • (if an individual entrepreneur terminates his activities due to death, the day of termination of employment relations is the day of death of the entrepreneur. The basis is the death of the employer, payments are made at the expense of his property and inheritance by court decision. The death of an employee must be confirmed by an official document, the amount of payments and a work book are issued in the arms of close relatives);
  • emergency circumstances;
  • administrative punishment (disqualification, ban on holding certain positions);
  • , suspension for a period of more than 2 months;
  • denial of access to state secrets, if necessary;
  • cancellation of the decision on reinstatement.

Severance pay for the listed reasons is paid only to those called up for military or military service. alternative service, persons recognized as disabled, and persons dismissed due to the reinstatement of those previously dismissed. The amounts are calculated from the average salary for the previous two years of work, recalculated for two weeks.

The procedure for terminating an employment contract at the initiative of the employer is the same as in the usual manner, and involves the issuance of an order, familiarization with it, issuance of a work book and final payment.

In all cases, the order and work book reflect the corresponding paragraph of Art. 83 Labor Code of the Russian Federation.

Change of owner of the organization

When the owner of the organization's property changes, labor relations are regulated by Art. 75 Labor Code of the Russian Federation. But this applies only to the manager, his deputy and chief. accountant (clause 4, part 1, article 81 of the Labor Code of the Russian Federation). New owner no later than 3 months. from a change in ownership may (but is not obligated to) terminate contracts with them. This does not apply to others.

Dismissal at the initiative of the employee is also allowed, for example, if he himself refuses to work under the new owner. Then the contract is terminated on the basis of clause 6 of Art. 77 Labor Code of the Russian Federation.

If a decision is made to terminate contracts with management, you must notify them in writing 2 weeks in advance with reference to clause 6, part 1, art. 77 of the Labor Code of the Russian Federation against signature. If it is impossible to deliver the notice, send it by mail.

By virtue of Art. 181 of the Labor Code of the Russian Federation, those dismissed are paid compensation in the amount of at least three average monthly earnings. The specific size is determined by agreement of the parties.

The termination procedure is otherwise similar to the general procedure.

Reduction of employees or positions

The dismissal of an employee at the initiative of the employer has its own procedure:

  1. Making a decision.
  2. Composing a new staffing table and issuance of the order.
  3. Notification of the trade union and the employment service (2 months before layoffs, in case of mass layoffs - 3 months before).
  4. Notification of those being dismissed against signature.
  5. Offer of vacant positions.
  6. Issuance of orders for each individual, familiarization with signature.
  7. Making an entry in the work book (clause 2, part 1, article 81 of the Labor Code of the Russian Federation).
  8. Final calculation and payment of severance pay in the amount of average earnings.

If an employee decides to resign before the expiration of the notice period, and the employer agrees to such dismissal, then, by virtue of Art. 180 of the Labor Code of the Russian Federation, he will have to pay additional compensation in proportion to the time worked remaining before the expiration of the notice period from the amount of average earnings. At the same time, agreeing to this or not is the right, not the responsibility of the leader. But if consent is given, then payment of compensation is the responsibility of the employer.

If a person registered with the employment service, he was unable to find a job a month after the layoff, he is paid according to his average earnings. In exceptional cases, by decision of the employment service, payment may be made for another month.

The downsizing procedure during liquidation of an organization is similar to reducing the number of staff.

Based on the results of certification

To fire an employee who does not correspond to his position, you can arrange a certification.

At the same time, the organization must have a regulation on certification, which determines the frequency and procedure for its conduct, evaluation criteria, etc.

An order is issued, a certification commission, which assesses the professional suitability of a person based on certain criteria, certification is carried out.

An unsatisfactory result of the certification is a reason for transferring a person to another position. If the transfer is refused, dismissal due to non-compliance is issued. In this case, the contract must be terminated no later than 2 months after certification.

If the employee disagrees, he or she may go to court. To defend its position, the organization must have local documents in order and follow the dismissal procedure.

By agreement of the parties

The most optimal and bloodless option is this - follow the link to study detailed instructions. With this outcome, the basis is consensus between the parties to the contract. Consequently, they have come to an agreement and there is no reason for conflict. This option is regulated by Art. 78 of the Labor Code of the Russian Federation and provides for the conclusion of a written agreement in which the material interests of the parties can be taken into account. Since all relationships end on the day the parties reach an agreement, there is no need to work through.

The agreement is drawn up in two copies, which may also contain a list of conditions. Payments due and a work book are issued on the day of termination of the employment relationship.

Sample order of dismissal at the initiative of the employer

and disabled children.

However, there are exceptions in this case. Protection from dismissal does not apply if:

  • the institution ceases to operate;
  • the employee has violated the rules established by the institution many times (truancy, improperly performed the functions of his position, etc.);
  • theft was detected;
  • information constituting a commercial or banking secret was disclosed;
  • an act of an immoral nature has been committed;
  • The employee provided fictitious documents when registering.

What payments are due?

When dismissing the employee, the employer must pay the employee in full on the last day of work. Payments include:

  • wages for the days worked;
  • surcharges to wages;
  • compensation for unused vacation;
  • severance pay (in cases provided for by law). If it is not possible to pay the due funds on the day of dismissal due to the employee’s absence, these amounts must be issued no later than the next day upon submission of the request for payment. If the company is liquidated, the employee will receive severance pay. The calculation will be made from the average monthly earnings. The employee will receive compensation in the amount of 2 months' salary while looking for another job. In some cases, the salary will remain for the 3rd month. If the chief accountant, manager, or his deputy are dismissed when the owner of the institution changes, they will be paid an average monthly salary for 3 months. If the contract is terminated due to inadequacy of the position or for medical reasons, the person will receive compensation in the amount of two weeks' salary upon dismissal. If the institution has a collective agreement, the document may provide for other payments in the event of dismissal. If dismissal at the will of the employer concerns a pensioner, the latter will be provided with payments and compensation. In addition, the employer may provide the employee with incentive payments for high level professionalism.

Thus, it is not easy for the employer to terminate the contract and dismiss the employee on his own initiative. When using this format of dismissal, the manager must strictly adhere to the provisions established by the legislator.

Dismissal is an important and responsible stage not only for an employee of a particular organization, but also often for his family and friends. Russian legislation comprehensively regulates all aspects relating to dismissal. No. 77 establishes the legal grounds for termination of the contract. IN labor legislation aspects of dismissal and the necessary formal procedures are also defined.

Comments on Article 77 of the Labor Code of the Russian Federation

This article, as mentioned above, establishes the reasons why an employment relationship may be terminated. Article of the Labor Code of the Russian Federation No. 77 is a legal guarantee of labor law that does not contradict the Constitution. Termination of the contract is possible when three conditions are simultaneously met:

  1. There are reasons established by law.
  2. The dismissal procedure is followed.
  3. There is a dismissal order.
  1. Unsatisfactory completion of the probationary period.
  2. Changes in working conditions.
  3. Expiration of the contract validity period.
  4. Liquidation of the enterprise.
  5. Real
  6. for medical reasons or based on the results of certification at the enterprise.
  7. Change of owner of the enterprise.
  8. Single gross or repeated failure to fulfill labor obligations.
  9. Loss of trust.
  10. It is an immoral act if the employee performs work related to education.
  11. Unreasonable decisions that resulted in losses, or gross violations by management.
  12. If, during employment, the employee provided the manager with false information or forged documents.
  13. Expiration of the security clearance, if work is related to it.
  14. Under the circumstances provided for in the employment contract.
  15. For other reasons established by this legislation.

Agreement

Paragraph 1 (Article 77 of the Labor Code of the Russian Federation) states that the contract can be terminated by agreement of the parties. This can be done regardless of the validity period of the contract.

In practice, employers themselves offer to terminate the contract on this basis when there are no other legal grounds for dismissal. However, this also requires the desire of the employee. By agreement of the parties, both the employee and the employer can inform about dismissal orally or in writing. The end date of the contract is also agreed upon.

Dismissal procedure

The procedure for terminating relations is also regulated by the Labor Code of the Russian Federation. As a rule, the date of dismissal is considered the last working day. The employee is given a work book and other documents related to employment, and a payment is made.

If the employer does not fulfill at least one of these duties, this threatens him with financial liability. And the entry in the work book must necessarily contain the article of the Labor Code under which the employment relationship was terminated.

Order of dismissal

Regardless of the reason for which the employment relationship is terminated, the employee must familiarize himself with the dismissal order against signature. If termination occurs at the initiative of the employer, a notice is sent to the employee, also against signature. An employee of the organization may request a copy of the order and notice of dismissal.

Thus, the article labor code RF 77 contains 11 points. It is this that is the legal guarantee of labor law in the Russian Federation.

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