Article 31 of the Labor Code of the RSFSR: dismissal

Article 31 of the Labor Code of the RSFSR dismissal

Some of the stages of the dismissal procedure at the employee’s initiative are typical for all methods of dismissal, while the other part is special specifically for voluntary dismissal.

This stage of compliance with the voluntary dismissal procedure is important to mention for one reason.

Dismissal at will will be legal only if the employee really wants to end his employment relationship with the employer.

On January 1, 2009, changes were made to the law “On Employment in the Russian Federation”** and the list of reasons for dismissal, which provided some advantages in payments to the unemployed, disappeared from Article 29. Today there is only one list of valid reasons for dismissal, given in the explanation of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated July 9, 1980.

The employee has an entry in his work book “dismissed at his own request, Article 31 of the Labor Code of the Russian Federation from June 30, 2000.” Which day in this case is the last day of work under the Labor Code, June 29, 2000 or June 30, 2000?

The recording was made incorrectly.

Practice Reviews

> Review based on the results of generalization and analysis of the practice of consideration by courts of general jurisdiction of the Irkutsk region of cases arising from labor relations. This review contains conclusions about the main violations of substantive and procedural law committed by judges of courts of general jurisdiction of the Irkutsk region when considering cases arising from labor relations.

36 References………………………………………………………………………………. Lawyer's comment: The exercise of the right of employees to represent their interests in relations with the employer is carried out, as a rule, by trade unions that unite the majority of the organization's employees.

When conducting this study, the task was set to identify the main violations of substantive law committed by judges of courts of general jurisdiction of the Irkutsk region when considering cases arising from labor relations.

This study is based on the results of a generalization of the practice of courts of general jurisdiction in the Irkutsk region, which developed in 2000 when considering cases of this category. On February 1, 2002, the Labor Code of the Russian Federation came into force; however, at present, when considering cases arising from labor relations, judges mainly apply the Labor Code of the RSFSR.

Labor Code of the Russian Federation 31 articles

According to the rules of the Russian language, the last day of work is June 29, 2000, because the employee was fired from June 30, 2000. At the same time, when an employee is dismissed, column 2 of the work book indicates the date of dismissal (last day of work). Therefore, the last day of work (date of dismissal) should be considered June 30, 2000.

This is important to know: Payment of a one-time benefit to a municipal employee upon dismissal

To clarify the date of dismissal, we suggest requesting from the previous employer (if possible) a dismissal order, which is indicated in the work book, on the basis of which the entry was made in the work book.

Labor Code by agreement between the employee

and the administration, the employment agreement (contract) can be terminated even before the expiration

notice period for dismissal, then the dismissal of the employee by agreement

may be immediate.

§4. An employee who has submitted a notice of resignation has the right to

warnings to withdraw your application, and then dismissal is not carried out,

except for one case when he was already invited to take his place from another production

an employee who, according to Part.

IV Art. 18 Labor Code cannot refuse admission to

§5. If the employee leaves work before the expiration of the notice period and

without an order to dismiss him early, then the administration can qualify

it’s like absenteeism without good reason and fire him for absenteeism (see.

Rules of procedure

Dismissal at one's own request under the Labor Code was regulated by Art. 31 and Art. 32.

With the adoption of the Labor Code of the Russian Federation, regulatory regulation began to be carried out under Articles 80 and 84.1. Labor Code of the Russian Federation.

The procedure has remained virtually unchanged due to the adoption of the Labor Code of the Russian Federation. So, by virtue of ab. 1 tbsp. 31 of the Labor Code, workers were still required to work for 2 weeks, just as now. After the specified period, the worker received the full right to leave work and receive due payments.

Termination of the employment contract was carried out at the end of the established working period or “day to day” if:

the worker’s application indicated a valid reason leading to the impossibility of further work (judging by paragraph 2 of Article 31 of the Labor Code, retirement (except for working pensioners) and enrollment in an educational organization were considered valid reasons, and the Labor Code did not exclude the presence of other valid circumstances , apparently at the discretion of the employer);
or the employer and the worker agreed to terminate legal relations “day to day” (paragraph 4 of article 31 of the Labor Code).

Before the approval of the Labor Code of the Russian Federation, the application form for dismissal on personal initiative was not submitted. Just as now, the Labor Code of the Russian Federation does not contain any regulations regarding the mandatory use of one form or another.

This means that previously, as now, workers notified employers about their upcoming departure from work by writing a statement in any form, indicating:

Full name and position of the addressee of the notification (that is, the head of the enterprise);
your name and position;
date of writing the application, date of leaving work;
the text of the petition itself (approximate wording - “I ask you to dismiss me from my position DD.MM.YYYY at my personal request in connection with (reason).”

At the end of the application, a signature was placed, after which the document was given to the personnel department or directly to the director of the company for review.

Remote transmission of applications was also allowed. This was useful if it was impossible for the employee to appear in person for the purpose of transfer (for example, while on vacation or during illness).

Previously, the employee was given the right not to indicate specific reasons that led to the need to leave work. Indication of the reasons was required only to confirm the right to dismissal without working or receiving any additional payments.

Since 2002, little has changed - the Labor Code of the Russian Federation still does not require the mandatory indication of reasons and does not provide a closed list of valid circumstances certifying the employee’s right to leave the workplace without working off.

The Labor Code contains only one mention of the dismissal order - in paragraph. 1 tbsp. 211 Labor Code. Basically, the Labor Code only talks about the order for employment.

In this regard, we were unable to find an approximate form of the order that was in force at that time. It seems that there was no unified form, and enterprise managers used their own form, approved by a local act.

Now the manager has the right to choose:

From January 1, 2013, the use of the unified T-8 form became optional - until this date, directors were prohibited from using their own order forms.

The standard working period according to the Labor Code of the Russian Federation is 2 weeks.

In some cases, the Labor Code of the Russian Federation establishes reduced or, conversely, increased working periods:

Article 31 of the Labor Code of the RSFSR dismissal

Only the clearly expressed desire of the employee who has entered into an employment contract

for an indefinite period, is the basis for his dismissal on his own

desire. At the same time, Art. 31 of the Labor Code provides for two notice periods.

the employee’s application may not contain indications of a specific period and motives

dismissals. Then a two-week period applies from the date of submission of the application.

An employee can also submit an application during vacation or a business trip.

If in the application the employee indicates valid reasons for dismissal,

due to which he cannot continue to work and simultaneously submits the corresponding

evidence, then the employment contract is terminated within the period requested

Gubin Alexander

Many controversial issues may arise: does the right to dismissal at one's own request without working out depend on the employee's form of education - full-time, evening, correspondence? Is it necessary to dismiss an employee without working time if he has just enrolled and has not yet started classes? What about pensioners who continued to work after reaching retirement age - do they have the right to be dismissed without working?

Therefore, when you hear the term “dismissal of one’s own free will without working off”, understand it as “dismissal of one’s own free will without warning the employer of the upcoming dismissal no later than two weeks in advance.”

Article 31 of the Labor Code of the RSFSR, dismissal when canceled

Federation and the Supreme Council of the Russian Federation, 1992, N 41, art.

Upon expiration of the notice period for dismissal, the employee has the right to terminate

work, and the administration of the enterprise, institution, organization is obliged to issue

employee’s work book and make payments to him.

By agreement between the employee and the administration, an employment contract

(contract) can be terminated before the expiration of the notice period for dismissal

(as amended by the Decree of the Presidium of the Supreme Soviet of the RSFSR dated February 5, 1988 - Vedomosti

Supreme Council of the RSFSR, 1988, N 6 art. 168); (as amended by the Law of the Russian Federation

dated September 25, 1992

duty lawyer,

> In cases where the employees of a given employer are not united in any primary trade union organizations or none of the existing primary trade union organizations unites more than half of the employees of a given employer and is not authorized, in the manner established by this Code, to represent the interests of all workers in social partnership for at the local level, at a general meeting (conference) of employees, another representative (representative body) may be elected from among the employees by secret ballot to exercise these powers. The presence of another representative cannot be an obstacle to the exercise by primary trade union organizations of their powers.

Article 31 Egor Yakirov

In 1993, I quit of my own free will to take care of my child.

but it’s written in my work report

Labor Code of the RSFSR (as amended on December 22, 1992)

(taking into account changes and additions as of December 22, 1992, verified as of October 1, 1993)________________________________________________________________ Document with amendments made by: (RSFSR Air Force, 1973, No. 39, Art. 825); (VVS RSFSR, 1974, N 30); (VVS RSFSR, 1977, No. 1, Art. 1); (VVS RSFSR, 1980, No. 3); (VVS RSFSR, 1980, No. 34, Art. 1063); (VVS RSFSR, 1982, N 47, Art. 1725); (VVS RSFSR, 1983, No. 51, Art. 1782); (VVS RSFSR, 1985, No. 4, Art. 117); (VVS RSFSR, 1986, No. 23, Art. 638); (VVS RSFSR, 1987, No. 29, Art. 1060); (VVS RSFSR, 1987, N 40, Art. 1410); (VVS RSFSR, 1988, No. 6, Art. 168); (VVS RSFSR, 1988, No. 14, Art. 395); (VSND of the Russian Federation and the Supreme Court of the Russian Federation, 1992, No. 14, Art. 712); (VSND of the Russian Federation and the Supreme Court of the Russian Federation, 1992, No. 41, Art. 2254); (VSND of the Russian Federation and the Supreme Court of the Russian Federation, 1993, No. 1, Art. 16).________________________________________________________________________________________________________________________________ the words: “Code of Labor Laws of the RSFSR” are replaced

Article 31 of the Labor Code of the RSFSR, dismissal for caring for a child under 14 years of age

At the same time, when an employee is dismissed, column 2 of the work book indicates the date of dismissal (last day of work). Therefore, the last day of work (date of dismissal) should be considered June 30, 2000.

3 tbsp. 84.1 of the Labor Code of the Russian Federation, the day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, he retained his place of work (position).

In accordance with clause 5.1 of the Instructions for filling out work books (approved.

advant24.ru

Registration of dismissal from work……………………………………………………… 30 5.1 Statement of resignation……………………………………………………… ………….

30 5.2 Order of dismissal……………………………………………………………….

31 5.3 Submission of termination of the employment contract………………………… 32 5.4 Minutes of the elected trade union body…………………………………… 32 5.5 Records upon dismissal from work……………… ……………………………………………………… 33 Conclusion………………………………………………………………………………………… . But there are also cases when the employees of a given employer are not united in any primary trade union organizations or none of the existing primary trade union organizations unites more than 1/2 of the workers

Article 31 of the Labor Code of the Russian Federation dismissal

Commentary on Article 31 of the Labor Code of the Russian Federation

§1. For employees who have entered into a fixed-term contract, Art. 31 Labor Code does not apply

since they for the duration of the contract prohibited themselves from resigning on their own

desire. But when they have valid reasons for dismissal, then it applies

32 of the Labor Code (see Art. 32 of the Labor Code and commentary thereto). Other employees at any time

time can submit a letter of resignation of their own free will.

Persons sentenced to correctional labor without imprisonment during the term

their service cannot be dismissed at will without permission

this is the responsibility of the authorities responsible for the execution of this type of punishment (see Article 94 of the ITC

§2. Only the clearly expressed desire of the employee who has entered into an employment contract

for an indefinite period, is the basis for his dismissal on his own

Terms of termination of employment relationships

If the justification for dismissal is closure of the company or layoff, management must notify the employee in advance. It is legally established that notification of the liquidation of an organization and layoffs must be made 2 months before dismissal.

When there is a change of staff due to the arrival of a new director, the dismissal of employees hired by the predecessor is carried out within a three-month period, calculated from the date the current management takes office.

Information

Unlike cases of settlement by agreement of the parties or at the request of the employee himself, dismissal at the initiative of the employer does not entail the need to work off. In fact, the day of termination of the employment contract is considered the employee’s last working day.

According to Art. 80, the employer must be notified of the employee’s departure at least two weeks in advance, always in writing.

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How to receive a personal income tax refund for a foreign worker under a patent in 2020? Find it at the link.

For some categories of citizens, a reduced working period is provided, it will be 3 days:

workers with a seasonal contract
employees on probation
employees who have entered into a short-term employment contract.

Under some circumstances, you can resign immediately, these are several groups of people or the presence of circumstances:

citizens who have the right to become pensioners
persons accepted for training
husband or wife of a person who has received an invitation to work in another city
change of place of residence (if commuting to work is now inconvenient and long)
if it is impossible to continue working due to health reasons
presence of contraindications for this work
a pregnant woman can end the relationship immediately
a person with a disability, parents with a disabled child who needs constant care
persons who will look after elderly or helpless relatives
employees who were hired for another position through competition
employees laid off due to reduction
citizens conscripted into the army
persons in prison.

Employees of companies in which there are constant violations of the terms of the employment contract can also leave immediately: underpayments, debt of the organization to employees, non-compliance with safety standards and sanitary rules.

All persons belonging to the listed categories, together with their resignation letter, must present documents confirming their right to resign immediately. The statement should indicate the reasons why the dismissal should occur on the same day.

You can also follow the clauses adopted in a specific employment contract, but they should not contradict Russian legislation.

The working period may be increased:

for top officials of the company
for athletes with a contract of 4 months or more
for employees who do not have information about their employer (he does not show up for work, does not pay, etc.); in this case, dismissal occurs through the municipality.

If during the working period an employee fell ill and was on sick leave at home, or was absent from work for other valid reasons, this does not affect the length of the term. If during this time he changes his mind about quitting, then he can declare this without going to work.

Both parties cannot change the working period. If an employee stops showing up for work, he may be fired for absenteeism.

A change in the duration of work can only take place by agreement of the parties.

Therefore, it is better to make a document in free form.

If an employee expects to return to another job after dismissal, he must submit his application within the following time frame:

two weeks before the date of dismissal in general}
three days before the date of dismissal, if he performed temporary or seasonal work, or was on a probationary period}
one month before the date of dismissal, if we are talking about the heads of the organization (he is obliged to notify the owner of his decision)}
at any time if the employer violates the agreed working conditions, as well as if the employee can no longer continue to work for good reason. These include illness, injury, moving to another area, enrollment in an educational institution, and the like.

Article 31 of the Labor Code of the Russian Federation: dismissal for caring for a child under 8 years old

What are my next steps?

PF doesn’t care what link the article is to, the main thing is that there are deductions, am I wrong?

That one-day organization was sold to Vasya, a homeless person, you understand the consequences.

I send the employee to an organization that will have to provide a certificate

Your task is to make YOUR own entries correctly, and not try to correct someone else’s.

I worry when the entries in TC are incorrect

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