Dismissal is not voluntary. The procedure for dismissing an employee with settlement. Example of an application without processing

Payments upon dismissal at one's own request the employee can receive on his last day of work. This is not only wages, but also compensation for vacation days that were not used, as well as those payments that are provided for in the company’s local documents.

The procedure for dismissal at will and the possibility of withdrawing a resignation letter

Dismissal at one's own request presupposes that the initiator of termination labor relations becomes the worker himself. In order to somehow protect the employer in such a situation, the Labor Code of the Russian Federation obliges the employee to work for another 2 weeks after submitting his resignation letter. During this time, the employer must find a suitable replacement and take over the affairs of the resigning employee, as well as prepare for a monetary settlement with him.

The employee must notify the employer of his dismissal in writing. And over the next 2 weeks, it would be nice to resolve all financial issues so that on the last working day you can receive a payment and a work book, and not ask questions about why this particular amount was obtained. However, in practice, not all employers tell employees how much they will receive - hence disputes, refusals to sign a dismissal order, grievances and even litigation.

It is also necessary to remember that according to the law, an employee has the right to withdrawal of resignation letter at one's own request. Therefore, the employer must calculate payments and prepare all documents taking into account this possibility.

Deadline for making calculations after submitting an application for dismissal

Art. 140 of the Labor Code of the Russian Federation reveals the terms within which calculations are made upon dismissal. Regardless of the article under which the working relationship is broken, the settlement must be made on the last day on which the employee performs his duties. If an employee decides to leave of his own free will, he will receive all payments only 2 weeks after submitting the application. But this is in a normal situation.

If certain life circumstances arise, if the employee reaches an agreement with the employer regarding the possibility of premature termination of the employment relationship, the 2-week period of work established by law may be reduced. Here the parties, of course, can apply another article - by agreement of the parties. Then the dismissal can be formalized even on the day of submitting the resignation letter.

The parties themselves decide which article to use. If, nevertheless, an article is chosen at one’s own request, but with a shorter period of service, then the application indicates a specific date for termination of the employment relationship, and it is on this day that the settlement with the employee takes place.

Don't know your rights?

There is another point - when the employee fell ill during the last 2 weeks and was at home on sick leave on the day of dismissal. Then the employer must give the employee the money as soon as he can pick it up, but not on the same day, but the next day after receiving the request. This delay is given to prepare the required amount.

What payments does a resigning employee receive under this article? Labor Code of the Russian Federation in 2016-2017

There are 2 main components payments upon dismissal at one's own request:

• salary;
• compensation for days of unused vacation.

The first thing an employee thinks about when making calculations is salary. He checks the received payslip, how many days are included in it, and whether allowances and bonuses are taken into account. However, in addition to this, you need to remember that you can also demand compensation for unused vacation days.

Only the required days of annual leave for the current and previous years are subject to compensation. If an employee does not go on vacation for several years in a row and does not demand monetary compensation, then all amounts for a period of more than 2 years are burned out. The employee himself must monitor this point and submit an application for compensation at the end of the year in order to receive the due money.

When leaving a job, many people think about severance pay. But the law provides for its payment only in certain cases of termination of employment, most often associated with staff reduction or liquidation of the enterprise. In case of voluntary dismissal, the employer is not obliged to pay severance pay.

Responsibility of the employer for delay in payment upon dismissal of one's own free will in 2016-2017

If there is a delay of 2016-2017 -m payments upon dismissal at one's own request employer, according to Art. 142 of the Labor Code of the Russian Federation, may be punished financially. The amount of financial liability is established in Art. 236 Labor Code of the Russian Federation.

Thus, for delays in payments upon dismissal, the employer is charged 1/150 for each day key rate Central Bank of Russia. Find out the size current rate available on the official website of the Central Bank of the Russian Federation.

But if the employer does not want to pay the debt, it is unlikely that he will apply sanctions to himself. To collect a debt with a penalty, you must contact an authorized body, for example, the labor inspectorate (see:Where to complain about an employer, and how to complain correctly? ). However, they can only issue an order to pay the debt if they establish that the employer has violated labor laws and the procedure for making payments upon dismissal.

If the employer does not comply with the order of the labor inspectorate, then there is only one way left - to court. You can also contact the prosecutor first so that he can supervise this issue - this may encourage the employer to quick solution all issues in favor of the employee.

All settlements with the employee are carried out on the last working day. If a dispute arises about the amount of payment, then on the day of dismissal the employer must pay only the amount on the amount of which a consensus has been reached; payments for the disputed amounts occur after a specific decision is made. If the amount of the payment raises questions for the employee, he can contact the labor inspectorate so that they can check the calculation for compliance with the norms of current legislation.

Please clarify which article of the Labor Code of the Russian Federation should be referred to when dismissing an employee at his own request - clause 3 of Art. 77 or Art. 80 Labor Code of the Russian Federation?

Indeed, the question of which article of the Labor Code of the Russian Federation should be referred to when dismissing an employee at his own request arises very often. The answer to this was given in the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved. Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 “On work books”.

Clause 15 of the Rules establishes that upon termination of an employment contract on the grounds provided for in Art. 77 of the Labor Code of the Russian Federation (except for cases of termination of an employment contract at the initiative of the employer and due to circumstances beyond the will of the parties (clauses 4 and 10 of this article)), an entry about dismissal (termination of the employment contract) is made in the work book with reference to the relevant paragraph the specified article.

Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69 approved the Instructions for filling out work books, clause 5.2 of which gives an example of filling out a work book when an employee is dismissed. This Instruction also provides that upon termination of an employment contract on the grounds provided for in Art. 77 of the Labor Code of the Russian Federation, an entry about dismissal (termination of the employment contract) is made in the work book with reference to the corresponding paragraph of this article.

For example: "Dismissed at his own request, paragraph 3 of Article 77 of the Labor Code Russian Federation". Thus, at present, when an employee is dismissed at his own request, a reference to clause 3 of Art. is indicated in the order and in the work book. 77 Labor Code of the Russian Federation.

ON. PANOVA, beginning dept. counseling and legal protection MGPC "Zashchita"

Clause 3 of Part 1 of Art. has been written for a long time. 77 Labor Code of the Russian Federation

Part 1 was not written yet in 2007 (date of publication)

Only authorized registered users have the ability to add publications.

The procedure for dismissal at will

After getting a job, employees do not always like the working conditions, and after a while they think about quitting.

It is estimated that more than half of the termination of employment contracts is carried out at the employees’ own request.

This procedure has existed for many years, however, for everything to go smoothly, you need to follow a few clear rules.

What do you need to know?

There are many factors to consider when filing a voluntary resignation letter.

Most of them are set out in legislation and prescribed in the Labor Code. However, there are some points and situations that are not in the laws, but they are still worth mentioning.

Law

On the part of the employee is interpreted in the legislation as “at the initiative of the employee.”

Basic legal regulations on this issue contains Article 80 of the Labor Code of the Russian Federation, as well as Article 77 of the Labor Code of the Russian Federation.

Dismissal at your own request

Dismissal at one's own request can be issued for many reasons.

At the same time, resigning employees do not always know the rules by which the process takes place, which can be taken advantage of by unscrupulous employers. For example, not everyone is required to work the prescribed two-week period.

Without working off

Work is considered to be a two-week period after submitting a written notice of resignation.

However, there are several circumstances under which an employee has the right not to go to work until the day of dismissal:

• if he is a student at educational institution;
• when leaving for retirement;
• if the employer violated the Labor Code and the violation was established;
• if it is known that the employee’s spouse is being transferred to a new location located abroad;
• if the dismissal is related to relocation;
• if you have sick leave;
• if there is a medical document according to which it is harmful for the worker to stay and live in the area where the company is located;
• if the employee needs to monitor a child under 14 years of age or a disabled person;
• if the person resigning is himself disabled;
• if the employee has at least three children under 16 years of age or students under 18 years of age.

If at the time of submitting the application at least one of the listed factors is present, then it must be documented.

During vacation

In the case of dismissal during vacation, the employee may also not work for a two-week period. In this case, the day of dismissal will be considered the last day of vacation.

At the same time, it doesn’t even matter how soon it ends - the employee must still be fired on his last day.

During sick leave

As stated above, an employee on sick leave has every right not to appear at work.

Working off is also included in the sick leave, due to which there is no shift in the day of dismissal.

Therefore, the employer has no reason to force the employee to work his last weeks on sick leave.

In this case, calculations from the sick leave must also be made, but within ten days and after its receipt. But you should wait for payments closer to the day you receive your salary, which is set by the company.

During the trial period

During the probationary period, the employee is required to report for work, but its duration is significantly reduced.

IN in this case an employee can notify the employer of his resignation three days before dismissal. At the same time, the manager does not have the right to insist on a longer working period.

How is dismissal by agreement of the parties formalized in 2017? See here.

Registration procedure

When registering a dismissal, it is also necessary to follow a number of rules, as well as a procedure to ensure that no controversial issues arise and the whole process goes the most successful way.

But it’s worth preparing for some surprises that may arise from the employer.

Notification to the manager

Before dismissal, you must first inform your manager.

To do this, an application is drawn up and submitted to the personnel department or directly to the head of the organization.

The application must be submitted no later than 14 days before the date of dismissal.

Statement

To ensure that the employer does not have grounds for refusal, you should fill out an application for dismissal at your own request in accordance with Article 80 of the Labor Code of the Russian Federation.

The law clearly states that the application must be in writing. It is also advisable to indicate the period after which the dismissal must take place (two weeks).

The application must be written on an A4 piece of paper. The form of its preparation can be arbitrary; it must be addressed directly to the head of the organization.

The text should set out the reasons for the dismissal, and it should be as short as possible. Below the text you must put your signature, as well as the date it was compiled.

A sample application for voluntary resignation is here.

Order

The dismissal order, in contrast to the application, is drawn up in accordance with the T-8 form approved by law. It must also be accompanied by a list of the details approved in Resolution No. 1.

The order must have two copies:

• One of them remains in the HR department and serves as a reminder that the employee’s personal file must be closed on the appointed date.
• The second copy is sent to the accounting department to calculate all necessary payments.

A sample order for voluntary dismissal is here.

Registration of a work book

In most enterprises, the preparation of work books is carried out by specialists from the human resources department or directly by management.

If the dismissal is made at one’s own request, the employee must enter Article 77 of the Labor Code of the Russian Federation in the employee’s book.

In addition, the stamp and date of dismissal must be affixed, as well as the position, full name and signature of the person who made the entry.

If the work book is completely filled out, the entry is made on a special insert.

A sample of making an entry in the work book when leaving at your own request is here.

Calculation

On the last day of the two-week period or on the day of dismissal, the manager, in addition to the work book, obliges the employee to pay the employee in full by issuing him a work book and making all payments.

If the employee is absent, he must be notified by mail that he must appear to receive his work book.

If the book is delayed for other reasons, the employee must write an application for its issuance, which must be completed within 3 days.

Payments are somewhat more complicated if you were unable to receive them due to absence from work - then you will have to write an application addressed to the manager. The paper must indicate the requirement to pay the required amounts.

Payments and compensations

The amounts of payments in 2017 are fixed by Article 140 of the Labor Code of the Russian Federation. It states that the employee must receive the funds due to him in an indisputable amount.

On the day of dismissal, the employee is entitled to the following payments:

• Salary from the date of its last payment.
• Compensation for allotted vacation days, regardless of the statute of limitations.
• If the contract stipulates severance pay, then it must also be reimbursed.

If an employee quits due to joining the army, then he is also entitled to a benefit, the amount of which is specified in Article 178 of the Labor Code of the Russian Federation.

Deadlines

According to Article 80 of the Labor Code of the Russian Federation, an employee must declare his intention to quit no less than two weeks before.

The countdown of this period begins from the following day after the employer receives a written application.

But if an employee gets a job short time, for example, for seasonal work, this period is reduced to three days. In the case when a person holding a leadership position resigns, the period, on the contrary, increases to 1 month. To avoid confusion, the deadline should still be indicated in the submitted application.

During the assigned period, the employee undertakes to perform his work according to the usual schedule.

Premature leaving work qualifies as absenteeism, for which the employer can rightfully impose a fine by reducing the calculation.

After the deadline has passed, the employee has every right to leave his workplace, and attempts by management to leave the employee will be illegal.

Can an employer refuse?

Often employers do not want to accept an employee's resignation letter. The reason for this may be the value of the employee or simply his irreplaceability.

Such behavior on the part of management is a direct violation of the law. After all, the employer does not have the right to refuse to accept the employee’s application.

If the management refuses to accept the application, the employee can send it by mail as a registered letter and wait until it is received.

After this, you can begin to count down the two-week period, after which you can stop visiting your workplace.

If for this period the employer did not provide the employee with a work book and payroll - then the latter has every right to appeal to the labor inspectorate, which has the authority to examine this issue.

How to properly arrange leave followed by dismissal? Information here.

How to properly fire an employee due to staff reduction? Details in this article.

What to do if you are forced to resign?

There are situations when an employer tries to force an employee to resign at his own request. There can be many reasons for this: from personal hostility to reluctance to pay compensation amounts in case of layoffs.

As in the case of reluctance to accept a statement, these actions are considered illegal.

Termination of an employment contract by the employer can be based only on the grounds specified in Article 81 of the Labor Code of the Russian Federation.

Therefore, most likely, if the boss tried to hint at “his own desire”, then there is a high probability that he does not have any legal grounds for dismissal.

When an employee feels pressure from his superiors, and often hears requests to resign at his own request, he has every right to contact the labor inspectorate.

There you need to write a statement about the illegality of the employer’s actions. For the best effect, it is recommended to attach some evidence, for example, audio or video recording.

If an unlawful dismissal has already been made, then you can safely go to court to restore your rights.

Termination of an employment contract, clause 3, article 77 of the Labor Code of the Russian Federation: dismissal at will

Leaving a job “on your own” is the most common reason for dismissal. There are two interesting points here:

1. Very often there are situations when an employee is simply forced to write a statement of his own free will, so as not to have any legal proceedings in the future.
2. Cases of “wrongful dismissal” are common.

We will examine the first point in more detail later. As for the second, the main reason lies in the incorrect application of some norms of the Labor Code.

"Correct" article

Despite the basic basic principles of legal acts, namely “absolute clarity in wording,” misunderstandings very often arise. Under what article should dismissal be made? Clause 3 art. 77 or Art. 80 Labor Code of the Russian Federation?

But in fact there is no problem in understanding here. One is considered procedural (how to legally change jobs correctly), and clause 3 of Art. 77 of the Labor Code of the Russian Federation - normative, i.e. indicates the fact itself.

Almost everyone knows that you need to work for 2 weeks before leaving the organization. Let me immediately explain one very important nuance.

Dismissal (clause 3 of Article 77 of the Labor Code of the Russian Federation) does not provide for any work.

You just need to notify the employer no later than this period. Of course, during this period you will have to perform your functions at the enterprise. Hence the erroneous opinion. But let us clarify that compulsory work for half a month is optional.

You can go on sick leave or vacation, warning your employer about future dismissal. In this case, there can be no processing.

Clause 3 art. 77 Labor Code of the Russian Federation: entry in the work book

The most common mistake is incorrect entry. Very often, clerks incorrectly indicate the article in the work book. After this, many former employees face a problem during new employment or when applying for a pension. Clerks put the mark “dismissed on the basis of Art. 80 Labor Code of the Russian Federation."

But the legislation does not provide for the termination of obligations on the basis of this article. It is important to see the order to terminate the contract. If it is based on the same article, then legally the employee is not fired, because legal procedure was not followed.

Hence the problem for the former employee: he may not be hired for the new position. It is imperative to contact your former organization for correction. The document must contain the following entry: clause 3, part 1, art. 77 of the Labor Code of the Russian Federation (termination of an employment contract at the initiative of the employee).

But let's move on to another common mistake.

Clause 3 art. 77 Labor Code of the Russian Federation: entry into the labor record. Writing sample

Clerks and directors often face a similar problem. The article seems to be indicated accurately, but the entry is still invalid. The fact is that the wording is as follows: “P. 3 tbsp. 77, dismissal of one’s own free will.”

But according to the rules for filling out the entry must fully comply with the norms of the Labor Code of the Russian Federation.

Therefore, the writing sample will look like this: “Dismissed under clause 3 of Art. 77 of the Labor Code of the Russian Federation - termination of an employment contract at the initiative of the employee.”

The record is radically modified, although the underlying reason remains the same.

Consent of the parties: what is the difference?

There are situations when an employee is forced to write a letter of resignation of his own free will. The reasons, of course, are purely individual. The new director is selecting personnel, the employee is no longer happy, there is a reorganization, pregnant women are often forced to do this, etc. The Labor Code has two paragraphs of Article 77, which seem equivalent to ordinary citizens:

• By agreement.
• At your own request.

Many professional lawyers involved in labor disputes know that termination of a contract in the second case can be challenged in court. It is enough to provide arguments and prove that the employee was subjected to psychological impact by the enterprise administration. Therefore, in judicial procedure the termination order will be canceled and the employee reinstated with all rights.

Clause 1 art. 77 of the Labor Code of the Russian Federation does not provide for such a loophole. It just follows from the fact that the employee and the employer have any conflicts and disagreements.

As a rule, the former employee is paid some kind of “compensation” funds in order to terminate the employment relationship peacefully and without consequences for both parties. In court, all arguments will be useless. Recover in labor rights ah, almost impossible.

How to resign correctly

To do this, you must notify the employer 2 weeks in advance. If the relationship is trusting, then this can be done orally. But in the event of a conflict, it will be difficult to prove this in court later. Therefore, to avoid misunderstandings, statements should be written.

Writing sample

Special requirements and special legal education does not require. You can write the following to the manager: “In accordance with Art. 80 of the Labor Code of the Russian Federation, I ask you to dismiss me from my position.”

Below is the number and signature. From the day the manager or other authorized official receives this application, the two-week period will begin to count.

Everyone should know this

It is important to know two very important things:

• It is not necessary to indicate regulations when writing such a statement.
• No one has the right to prohibit someone from resigning of their own free will.

They don't sign the application. What to do?

It’s a fairly common practice when a person wants to change a company for one reason or another, but they start putting spokes in his wheels: “there’s no director in place,” “let’s do it, I’ll sign it later,” etc. And after a while they refuse with the wording “there is no one to work”, “I do not agree to your dismissal”. Some are so dishonest that you can hear the answer “I didn’t see your application” and so on.

To avoid these or other problems, it is enough to follow one of two scenarios:

1. Write a written application and register it with the secretary or other authorized person.
2. Send a registered letter.

The first option will be faster, because... the two-week period will begin the day after registration. The employer will not be able to later claim that he “did not see and did not know.” The duty of the secretary or other authorized person to notify the authorities as soon as possible.

With the option of sending through the Russian Post service, everything will take a little longer. The two-week period will begin on the day the employer receives the letter, not on the date it is sent. When the application has reached the addressee, it will be indicated in the notification, which means the employee will know exact date receiving.

After this, the director will have to release the employee. Clause 3 art. 77 of the Labor Code of the Russian Federation obliges us to do this.

If you change your mind, what should you do?

Such cases are also not uncommon. The reasons can be different: there was no agreement on a new place of work, the director realized that the employee really wanted to leave, and improved working conditions and much more.

To cancel an application that has already been submitted, you must write and also officially register a new one in accordance with all the rules. No matter how good the relationship between him and the employer may seem to the employee, it is important to know the main rule: the application for refusal of dismissal must be submitted officially, i.e. in writing through a secretary or by mail.

What is this for?

There are often cases when the employer is not against such dismissal. But he had no reason to do it himself. And then the employee himself brings such a letter of resignation under clause 3 of Art. 77 Labor Code of the Russian Federation.

Then after some time the employee announces that he has changed his mind. The director, knowing the legislation, says with joy on his face that “I understand everything, continue working.”

After the expiration of a two-week period from the moment the application is written, a dismissal order is issued in accordance with clause 3 of Article 77 of the Labor Code of the Russian Federation - at one’s own request. There is no use going to court. Legally, the director did everything correctly. One of the principles of law was at work here: “Most moral principles become legal norms, but not all.”

When refusing an application of your own free will, there is one very important nuance. If, from the moment the employee was fired until his refusal, a written invitation was sent to another person to accept this position, then it will no longer be possible to cancel it.

Here the law will be on the side of the future employee, i.e. someone who has already been invited. Because Now no one has the right to refuse him employment.

Therefore, it is necessary to weigh everything carefully before writing a letter of resignation. There are times when there is no way back.

Where to defend labor rights

If during the dismissal procedure or in any other case that arose during the employment relationship, your rights were violated, then you need to defend them in one of the following ways:

• Contacting the Labor Rights Protection Inspectorate.
• Statement of claim to court.
• Contacting the prosecutor's office.

A citizen of the Russian Federation whose rights have been violated may appeal simultaneously to all competent authorities. Administrative punishment is provided for the guilty person. But the citizen himself does not have the right to initiate such a case through the court. This can only be done by either the prosecutor's office or labor inspection. To do this, you need to send a complaint to these structures.

In parallel, the employee has the right to file a lawsuit in order to obtain compensation moral damage or any other payment from the employer, if provided by law, because administrative sanctions do not provide for this. All fines issued by the prosecutor's office will go to the state. Therefore, it is better to contact the regulatory authorities in order to bring the offender to justice and go to court for moral or other payments.

Cases exempt from service

The Labor Code contains reasons that allow an employee to leave before the due date of 14 calendar days. Let's say right away that the report begins the next day after the relevant notification is submitted.

These include:

The first two are more or less clear. As for violation of labor rights, what is meant is not the subjective opinion of the employee. This refers to the official holding of the employer to responsibility. And it must necessarily concern the employee who decided to leave earlier than expected.

When will the payment be made?

After an official order, all payments for time worked must be made on the day of dismissal. And this is not a “gift” from the company, it is an obligation according to the Labor Code. Violation of this norm is a reason to defend your rights and contact regulatory authorities. In addition to salary, the employee is entitled to payment for unused vacation. You can calculate it yourself if you know your average monthly earnings and the exact number of days worked. Payments under it must also be made on the day of the dismissal order.

The only exception to this rule is sick pay. From the moment the medical certificate is provided, the accounting department recalculates within 10 days and pays it on payday at the enterprises.

If the employee is not on site on the day of payment (business trip, vacation, sick leave), then all payments must be made no later than one day after his request.

77 Article of the Labor Code of the Russian Federation, dismissal at will

For Russia, this method of dismissal is the most common. The current version of Article 77 of the Labor Code of the Russian Federation states that the initiative to terminate an employment relationship (TR) can come from the employer or the employee. Judicial practice notes more than one case where an employee was able to recover from wrongful dismissal through legal proceedings.

P 1 part 1 article 77 of the Labor Code of the Russian Federation

The legal act Article 77 of the Labor Code of the Russian Federation with comments 2016 dismissal of employees contains general grounds for termination of maintenance. The link after the text will allow you to study this document. Competent specialists will help you complete this process in accordance with current legislation, and fill out all documents correctly.

Entry in the work book

The proper procedure for making (registering) records is established by Instruction No. 69 (Decree of the Ministry of Labor of October 10, 2010). However, sometimes following these instructions may not comply with the Code. According to these requirements, the reason for termination of the contract must be indicated, which exactly coincides with the wording of the Labor Code or other Federal Law. After recording, be sure to put the organization’s stamp and the manager’s signature with a transcript. The book is issued on the last day of work.

Dismissal at your own request

To resign, you need to write a corresponding statement. This must be done 14 days before the desired date of leaving work. The director writes such a statement a month in advance. The right to notify the employer three days in advance belongs to:

1. to an employee during a probationary period;
2. seasonal worker;
3. if the contract was drawn up for a period of less than 2 months.

The reason for this decision is not indicated in the statement. The will (self-interest) of the employee will be a sufficient argument to stop maintenance. This issue is covered in more detail by Article 80 of the Labor Code.

77 St. Labor Code of the Russian Federation

Exact list common grounds stop maintenance contains Article 77 of the Labor Code of the Russian Federation, which can be read online using thematic Internet resources. This option allows you to read the main commentary to the document; View a sample of how a work book should be drawn up.

Dismissal due to health reasons

Termination of maintenance at the initiative of the employer, when there is a medical conclusion that this work is contraindicated for the employee, should also be in compliance with the law. Example: when maintenance is terminated in accordance with paragraph 8 of part one of Article 77, the employee is provided with guarantees that the proposed position will be retained by him for four months. If the state of health allows for lighter work, a transfer should be made.

By agreement of the parties

Termination of maintenance, when the wording “by agreement of the parties” was used, is not tied to the term of the contract and is carried out without working out, which is different from dismissal at the request of the employee. The maintenance gap will occur quickly and the employee will not have the opportunity to return to his previous position (cancel the application). Let’s answer the question “what do payments to a dismissed person include?” This is compensation for vacation that was not used; due salary. A collective agreement may provide for severance pay and calculation of compensation. The steps (actions) of the employee when an agreement is reached are considered in Article 78 of the Labor Code.

Dismissal at will, Article 77 of the Labor Code of the Russian Federation, entry into the labor record

If the resignation letter is received by the personnel service, a corresponding written order must be issued (Form No. T-8), which will be approved by the head of the organization. The indicated order is the basis for “breaking” the TO. The next step: make a note in the labor record. An example of filling out the basis “clause 3, part 1, article 77 of the Labor Code of the Russian Federation” (column 3). Making such an entry requires reference to the Labor Code (another Federal law).

Without working off

Let's consider some cases of quitting when you don't need to do work for two weeks:

1. Child care up to 14 years old.
2. If the employee becomes a student of any educational institution.
3. If the employer violated the law (for example, change (deterioration) of working conditions).
4. Pension. Expiration of the contract.

Termination, termination of a fixed-term contract

Full compliance with the law obliges employers to comply with all rules and regulations both when concluding and terminating employment relationships. The procedure for terminating a fixed-term contract is provided for in Article 79. Refuse to fulfill your job responsibilities possible after written notification to the employer. It is optimal to associate such a step with the reached agreement of the parties. Sometimes this is not easy to do. However, this option will save you from mandatory work. If the contract was concluded for a certain period (season), it terminates at the end of the specified period.

Article 77: dismissal at will

An entry in the work book that the employee himself expressed a desire to leave the enterprise where he worked is the most favorable for him.

She will tell subsequent employers that the person who came to them is ambitious, purposeful and will not cause hostile wariness.

The article will tell you about the legal nuances of leaving at your own request.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

Let's get acquainted with the legal framework

This issue is covered in Article No. 80 of the Labor Code.

Let's consider the main points:

1. the employee has the right to terminate the employment contract by notifying in writing of the decision two weeks before the desired departure (with the agreement of the parties, the contract can be terminated before this period);
2. if the departure is provoked by the inability to continue working, or violations on the part of the employer, he undertakes to terminate the contract within the period corresponding to the employee’s application;
3. Before the deadline for the notice of resignation expires, the employee has the right to withdraw it at any time. But in this option, dismissal is not carried out (unless a new employee is invited in writing to take his place);
4. the employee has the right to terminate labor activity upon expiration of the period specified in the application. The employer must issue the applicant a work book and other working documentation upon the employee’s written request, and make a full calculation;
5. and if the contract has not ceased to exist within the period specified in the application, and there are no demands on this issue from the employee, the validity of this contract continues.

The clear mechanism described in the eightieth article of the Labor Code is as follows: providing the employer with a written application, working for 14 days, terminating the contract, receiving a payment.

Pitfalls on the path to freedom

It is possible that disagreements and a number of questions may arise regarding the legal legitimacy of the procedure on both sides.

Thus, the Labor Code does not provide for a single form of resignation letter.

There is no clearly predetermined mechanism for the employee to withdraw this application or terminate the contract upon expiration of the warning period.

There are many disputes in court associated with the incorrect execution of resignation letters; if an employee makes errors in the form and stops attending the workplace, he risks being dismissed for violation of discipline.

If the application does not contain the date of dismissal, but only the date it was written, more often the employer does not object to registering your dismissal on the day of submission.

However judicial practice interprets the situation in his own way, the employee must work for another two weeks and cannot be fired earlier.

When an employee submits an application that includes a request for dismissal, but less than two weeks from the time of filing, the employer can make concessions, but can also refuse in accordance with Article 80, Part 2 of the Labor Code.

How to leave without working for 14 days

This privilege is not given to everyone. If the reluctance or inability to continue working is due to very valid reasons, such as enrollment in an educational institution or retirement.

Also, if an unreliable employer committed violations of the Labor Code in relation to an employee, and they were documented.

When terminating an employment contract at the initiative of an employee, the employer records the necessary information in his work book, namely, “Dismissed at his own request, and must supplement it with legal justification - paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation.”

As you can see, the procedure is not overly complicated, but it requires care and scrupulousness.

So, if you have made the final decision to leave your usual workplace, take paper, pen and draw up a statement, do not be afraid to move forward to new achievements.

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She left without work by agreement with her manager. Apparently, I was very lucky with adequate management.

He simply spat in the direction of the manager, wrote on his own and simply did not go to work,

I wrote an application on my own, handed the application to the boss through the secretary, a week later they told me that they would not sign it, they forced me to rewrite the application a week later, screams and yelling from our boss’s wife, yelling that she would not give me my work record, although I was drunk Everything is in order, now I’m working an extra week, I didn’t take the second copy of my first application, there’s no evidence, unfortunately, rudeness and complete horror, like in serfdom, a disgusting company and its directors.

Sometimes citizens wonder under what article they are fired at their own request? Some people still confuse the procedure for terminating a contract (Article 80 of the Labor Code of the Russian Federation) and the basis for dismissal (Clause 3, Part 1, Article 77), and sometimes even remember the Labor Code, which has not been in force since 02/01/02. Let’s answer this question.

Options and methods for terminating a working relationship are discussed in detail in Art. 80 Labor Code of the Russian Federation. At the same time, the most common reason for dismissal is termination of the working relationship at the initiative of the employee (clause 3, part 1, article 77 of the Labor Code of the Russian Federation). According to this basis, an entry will be made in the form. This is stated in.

What rules on voluntary dismissal does the Labor Code contain?

Let's talk about the standards contained in the Labor Code of 2016. Dismissal at one's own request has to be formalized quite often. According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate on his own initiative any contract - fixed-term or concluded for an indefinite period. The decision to terminate it is made by him at his own discretion. Any coercion by an employer of a citizen to exercise this right is unacceptable.

If an employee decides to leave the company, he must notify the employer about this by submitting a written statement to him. According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, this must be done no later than 2 weeks, unless another period is provided. Having received the application, the employer cannot refuse to satisfy the worker’s request. Termination of the contract will be carried out in due time. The employer does not have the right to change the date of the last day of work indicated in the application. The next day after the manager receives the application, the period of notice of dismissal begins to count (Part 1 of Article 80 of the Labor Code of the Russian Federation). At this time, the so-called “working out” begins, during which the employee must perform all his work duties.

The employer and employee can agree to terminate the working relationship without working off. The employer’s consent to this can be expressed by the inscription on the document: “Dismiss (date) in accordance with the application.”

Express your opinion about the article or ask the experts a question to get an answer

People most often begin to remember the work record or when they are admitted to the staff for new job or when a layoff occurs. Of course, if you do not take into account cases of advanced training, change of position, etc. Leaving a position may be caused by the desire of your superiors, or it may occur on your own initiative. Understanding how entries are made there is important for several reasons, since the correctness of the entry can affect the employee’s future employment. A big misconception is the idea that all dismissals are treated the same. Leaving work precisely at the request of the employee has its own specific record, which contains a mandatory link to a specific law, etc.

What does it mean to enter information about dismissal into the work book when the employee initiates the resignation?

Most often, dismissals occur precisely on the personal initiative of the employee of the organization. Based on this, it is worth understanding what the corresponding entry looks like, which is entered in the work book, in relation to the current labor legislation. It can appear in the book either on the same day when the dismissal occurred, or when the order from the authorities was issued, with the exception of the moment when the actual last working day differs in date. Such situations very rarely occur, and they are usually specified in the contract. All instructions on how to enter information into the book are in the Labor Code. This means that only blue, red or lilac pens are allowed, the type of pen does not really matter. Although it is difficult to make a mistake on this point, even the wrong color of the entry can invalidate it. No abbreviations in these entries are allowed, because the text must be easily recognizable and readable, otherwise its meaning may be distorted. This entry must correspond to the wording that is present in the dismissal order; the importance of the reference to the Labor Code has also already been mentioned. It is in the interests of the dismissed employee to check that the new information in the employment record is correct, and if an inaccuracy is discovered, it must be corrected immediately.

Not only the specific text of the entry is subject to verification, but also other important points, such as signatures and seals. Both parties to the process must sign. When the date of leaving work or the date of the document on this decision arrives, the employee will be issued an already completed work book. If you do not take into account any special cases, then the issuance of a work book is precisely a sign that the employee no longer works in the organization.

The rules for designing a book may vary depending on the situation, but most often it looks like this:

1. In the first field, which is located on the left, you should always indicate information about the number of the recording being performed.
2. The adjacent field should contain a date that will correspond to the date the book was issued or the date when the order for this decision was issued.
3. It is the third field that is the most significant, since it is it that provides information about the reasons for leaving work and additional explanations of the action, if necessary.
4. The completion of the process is considered to be the indication of the corresponding order, the date of preparation and its serial number.

Questions may arise only in the third field. If we consider voluntary dismissal in 2016, after the number and date something like this may be written: “Dismissed on my own initiative.” Although a sentence sometimes begins with the entry " Employment contract or the contract has been terminated." Next, the reason for the action is indicated, for example, due to the fact that the spouse has been or will be transferred to work in another city. The entry ends with a reference to the third paragraph of the first part of Article 77, relating to the Labor Code of the Russian Federation, but without abbreviations. There is no strict form here, that is, certain phrases may differ. The following entry is considered correct: The employment contract was terminated at the initiative of the employee due to such and such a reason. The reference to the law still remains. You can also write this: The employment contract, at the request of the employee, was terminated due to a transfer to a specific organization. Only now the law that must be referred to is changing. You need to write about the fifth paragraph of the first part of Article 77, relating to the Labor Code of the Russian Federation. It is important to handwrite “Acknowledged” at the end of the entry.

It is considered a big mistake to refer to the provisions of Article 80. Either due to negligence, or due to low qualifications, personnel officers may believe that when making an entry, they can refer there too, arguing that there are also provisions for termination there, and precisely at the request of the employee. This cannot be done, since such a link makes the entry invalid.

This basis for terminating a contract today is the most common and desirable (among employers) because:

• does not require a special procedure;
• does not provide for the employer’s obligation to pay increased compensation for dismissal;
• does not require compelling arguments to terminate the contract.

The procedure for dismissal at will

Although the Labor Code of the Russian Federation does not establish any difficulties with such dismissal, there is still a certain procedure.

Stage 1. An employee decides to quit. He can do this at any time, without giving reasons for his decision. All he needs is to write a letter of resignation. The document is drawn up in free form, but if you are not confident in your abilities, then its sample can be downloaded on the Internet.

The application is submitted to the personnel service of the organization or directly to the boss; if the employee has a suspicion that the application will not be considered, then he has the right to send it by mail in a valuable letter with an inventory.

Stage 2. After notifying the employer, the employee will have to work conscientiously for another 2 weeks. This time is given so that the employer can find a new candidate, and the resigning person strengthens his desire to leave the organization.

It happens that an emotional employee writes a letter of resignation, and after 3 days he already repents of his decision. The article - dismissal at will (Article 80 of the Labor Code of the Russian Federation) provides for such doubting individuals the opportunity to withdraw a previously submitted application, but within a two-week period. The review is submitted in the same form as the initial application, that is, in writing.

There are 2 nuances:

1. If an employee decides to first take a vacation and then resign, he can revoke the decision only until the day the required vacation begins.(Article 127 of the Labor Code of the Russian Federation).
2. If a person who cannot be denied employment by law has already been invited to replace the person leaving (according to Article 64 of the Labor Code of the Russian Federation - an employee transferred from another organization), then the withdrawal of the employee’s application will not be accepted.

Working out is not always a mandatory stage. The Labor Code of the Russian Federation establishes the possibility of separating immediately if both parties do not mind: submitted an application - quit - received an extract (copy) from the order, work book, pay - a free person. The employee has the opportunity to go on vacation with subsequent dismissal from work (Article 127 of the Labor Code of the Russian Federation). The Labor Code of the Russian Federation contains categories of employees who have the right to quit without working off:

• enrolled in educational institutions for full-time education;
• retired;
• those leaving with their spouse to his new place of service, etc.

Stage 3. Actually dismissal. The employer issues a dismissal order, introduces the employee to it, fills out the work book, makes a full calculation (Article 140 of the Labor Code of the Russian Federation), which includes wages for conscientious but unpaid work, compensation for future leave and other payments, if any. internal regulatory documents.

Useful information in our infographic

Timing of voluntary dismissal

The duration of the procedure depends on the grounds for dismissal at the initiative of the employee. The total period from the date of application is 2 weeks plus 1 day for self-dismissal.

If an employee goes on vacation and then leaves the organization, then the period will be extended by the amount of the vacation, but all documents will be completed before the employee leaves for it.

If the employee belongs to the category of people who must be said goodbye immediately, then the dismissal occurs in one day.

Special mention should be made of conscript workers; the Labor Code of the Russian Federation allows them to submit an application three days before dismissal.

Controversial situations

Even with such a simple basis for ending a working relationship, problems can arise. Here is the solution to some of them.

The employer does not want to accept the application: the employee must send it by mail.

The employer himself wants to fire the employee, but forces the latter to resign: it is necessary to go to court (Article 391 of the Labor Code of the Russian Federation, Article 394 of the Labor Code of the Russian Federation, Article 395 of the Labor Code of the Russian Federation).

The employer does not want to accept the withdrawal of the application: the application must be sent by mail.

The employer fired ahead of schedule: the only solution is to go to court.

There is no need to be afraid to go to court, since employees are exempt from paying the costs of making a decision (Article 393 of the Labor Code of the Russian Federation). If the organization’s action is found to be incorrect, the employee will be reinstated immediately and the employee will be paid compensation.

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