Procedure for notifying an employee of dismissal. Sample notification

Procedure for dismissal

According to the procedure for terminating an employment relationship, two scenarios can be distinguished: at the initiative of the employee and at the intention of the employer. Each intention of one of the parties must be lawful and supported by documents.

If an employee wishes to leave the organization, an application is drawn up addressed to the head of the organization or an authorized employee. If dismissal is expected at the initiative of the employer, written notices must be given personally to each person.

For timely dismissal, the employee must write an application in the form established by the company, endorse it from the immediate supervisor (if there is one) and submit it to the human resources department, accounting department or personally to the director. It depends on the company’s staff and responsible departments.

If an employer dismisses employees, he must notify them in advance. In case of staff reduction or liquidation of the company within 2 months. If you wish to part with an employee who has not completed the probationary period, 3 days in advance.

Directly on the day of dismissal, the employee must receive wages for the time worked, compensation for the remaining vacation days and a completed work book. Payment of bonuses, salaries and other incentives is made in accordance with the company's regulations, i.e. they may be later.

Management staff

The notice period for dismissal, when the termination of employment relations occurs on the initiative of the management of the enterprise, is divided into several types depending on the circumstances of the termination of official powers. Thus, the legislator identifies the following types of warning terms:

• 3 days;
• 1 month;
• 2 months.

The employee is warned three days in advance about dismissal in cases where the applicant was assigned a probationary period and did not pass it, that is, after the labor test had expired, a decision was made not to renew the contract. Also, upon expiration of a fixed-term contract, the employee must be notified of this at least three calendar days before the appointed date. If management wishes to continue the employment relationship with the employee, then there is no need to issue a warning.

If an enterprise switches to a procedure for filling vacancies on a competitive basis due to the bankruptcy of the company, then the main staff is reduced, for which notice is given one month in advance.

In all cases related to the termination of the activities of a legal entity, reorganization, reduction in the number of employees or the elimination of specific positions, it is necessary to stipulate the prospect of termination of the contract at least two months in advance. The counting day for this term will be the day the employee receives an official warning.

In addition, in some cases, the company's management should also warn the trade union. On a general basis, two months are allocated for a planned reduction in the number of employees and three months for mass layoffs due to changes in the company’s production volume.

Procedure for delivering notice of dismissal to an employee

When dismissing an employee at the request of the company management, it is necessary to inform him in writing. For this purpose, a notice of dismissal is issued.

The document must contain information about the timing of dismissal and the reasons. This is usually due to staff reductions, bankruptcy or liquidation of the company.

This document must be signed by the employee. If a person refuses to sign, an act of refusal is drawn up in the presence of witnesses.

A signed notice does not mean the person agrees with the upcoming dismissal. The employee's right to challenge the action of his superiors remains in effect.

About the rights of an employee upon dismissal due to reduction, watch this video:

What it is?

A notice of dismissal is a notification to the other party of the relevant decision.

Thus, an employee, when leaving work of his own free will, writes a letter of resignation. And in the event of a staff reduction, employees subject to dismissal are notified by reading the order.

In some cases, notice of termination is required and in others it is not required.

When is it necessary?

Notice of dismissal is required in the following cases:

• upon termination of the activities of an individual entrepreneur or legal entity;
• upon expiration of the fixed-term employment contract with the employee;
• upon dismissal of an employee on his own initiative;
• when staffing is reduced;
• if the employee has not completed the probationary period.

There is no requirement to notify the employee in advance of dismissal if:

• the employee is not suitable for the position held;
• there has been a change in the ownership of the company;
• the employee grossly violated the terms of his employment obligations, the same applies to the head of the company;
• the employee has been repeatedly found to have violated the requirements of the employment contract;
• there has been a loss of trust in the employee from the management;
• the employee was unable to resolve a conflict of interest;
• the employee provided fictitious documents to the company when applying for employment;
• the employee committed an immoral act.

How much notice must be given about layoffs?

Reducing staff or the number of employees is a process that requires flawless implementation of the procedure established by law. Employees are given notice at least 2 months before the expected date of layoff.

If the day of dismissal coincides with a weekend or holiday, it is transferred to the next working day. If a person is on vacation or sick leave, a notice is given upon his release.

In this case, the countdown of two months begins from the moment the employee becomes aware of the reduction. In the event of a massive staff reduction, the notice period for employees is three months. When issuing notices to employees, you should remember the protected category of persons:

• parents of disabled children;
• mothers or fathers with children under 14 years of age who officially have single status;
• pregnant women and women on maternity leave;
• mothers with many children raising three or more children, with the youngest child being no more than three years old;
• the only breadwinners in the family;
• workers who became disabled as a result of combat operations;
• employees who received work-related injuries and occupational diseases due to the fault of this employer;
• minor workers, this requires additional approval from the state labor inspectorate.

General information

If an enterprise is planning a planned reduction or dismissal of a number of employees, the process requires careful preparation and cannot be organized in one day.

The personnel officer must prepare all the necessary documentation for issuing the book and certificates on the last working day.

The employer is obliged to notify the employee about dismissal in advance so that he can begin looking for a new job.

If the contract specifies as an obligation the provision of an alternative vacancy by the employer, then he must fulfill this condition of the contract.

In other cases, upon dismissal, the employee has every reason to receive compensation, compensation for unused vacation and other due payments.

The employer must also calculate the required salary for the days the employee worked.

Upon dismissal by agreement of the parties

Dismissal by agreement of the parties is the most “harmless” termination of the employment relationship. This is the only type of dismissal that cannot be challenged in court.

Most often it is used when dismissing a category of citizens who have legal privileges for reduction, conflict situations and other moments when the parties cannot agree. Dismissal by agreement of the parties is not burdened with deadlines; it can be carried out the next day after drawing up the documents.

The ideal grounds for dismissal in this video:

How to dismiss an employee in a short time within the framework of current legislation

If circumstances develop in such a way that the owner of the company does not have the necessary amount of time to comply with the entire procedure for dismissal or reduction of an employee, then the relationship must be terminated either on the basis of mutual agreement of the parties or by paying compensation for the premature termination of the employment contract. It is worth considering that by canceling the contract by mutual At the request of the participants in the labor relationship, compensation payments to the dismissed employee are not due.

In case of violation of the dismissal or layoff procedure, citizens can appeal the employer’s actions by contacting the labor inspectorate, which will most likely initiate an appropriate inspection at the enterprise. Illegally dismissed employees can be reinstated to work in the organization, demand payment of compensation for forced absence, and also compensate for moral damages in court.

What rights does an employee have during the complete liquidation of an enterprise?

Calculation when dismissing an employee at his own request in 2021

How much salary can an employer pay when laying off jobs in 2019?

Upon liquidation

Unlike most types of dismissals, especially at the initiative of the employer, dismissal due to the liquidation of an organization is less “severe” and the procedure is more formal. This is due to the fact that all employees are clearly subject to dismissal, including a protected category of citizens. The trade union organization and government supervisory authorities cannot challenge the decision made by the company's management.

The law does not define the time frame for notifying employees about the upcoming liquidation of the organization. But to avoid misunderstandings and respect the rights of employees, a procedure similar to staff reduction is usually used. In this case, written notice is issued 2 months before the termination of the organization's activities.

How to properly dismiss employees during liquidation, see here:

Neta Jun 18, 2003

Labor legislation gives a clear answer to the question “how far in advance must an employer notify an employee of impending dismissal due to staff reduction or liquidation of the organization.” This period must be at least two calendar months. However, as in any legislation, and Russian legislation is no exception, there are loopholes that help regulate this indicator in one’s own interests.

The employer is not obliged to warn the employee about dismissal if he violates the Labor Code or contract norms, for example, absenteeism, showing up at work drunk, etc. The management of the organization records the violation, conducts an internal investigation and, in accordance with the established procedure, terminates the employment relationship.

On probation

During the probationary period, the employee must also inform the company management in advance about his dismissal. The minimum processing time is 3 days. The application procedure and subsequent dismissal are standard, as for voluntary dismissal.

It is also possible to terminate the employment relationship if the employee fails to pass the test satisfactorily. In this case, the employer provides a written notice 3 working days in advance to the employee with whom the decision has been made to part ways.

The notice must indicate the reasons why the employee is not suitable for the position held. This will help avoid lawsuits in the future.

Not necessary

The legislation also defines a number of cases in which managers do not have to send notice of termination of an employment contract to their employees. Such cases include:

• receipt by the employer of a summons to conscript an employee for military service;
• when the court decided to reinstate a previously dismissed employee to his position;
• if, due to the reorganization of the enterprise, the legal entity has changed its location and the employee cannot continue to work;
• due to medical contraindications, continue to work;
• applying to the employee punishment in the form of imprisonment for committing a criminal offense;
• when, due to the application of administrative penalties, an employee is prohibited from engaging in a certain type of activity that was part of his official duties;
• the occurrence of legal facts due to which the enterprise can no longer continue to operate effectively (natural disasters, martial law, man-made disasters);
• biological death of one of the parties to the employment agreement.

Important! To ensure that the judge does not refute the legality of the dismissal for the above reasons, the company management must attach an official supporting document to the dismissal order.

Sample notification: how to fill out the form

unified form for notice of dismissal of an employee , and even notices drawn up independently by the organization will differ depending on the specific situation. For example, when staffing is reduced, the employee must be offered to move to a vacant position if it is available, which is reflected in the notification.

The notice must be given in writing. The only exception is provided for in Art. 312.1 Labor Code: a remote worker can be notified by email, however, according to Art. 312.5 of the Labor Code, on the day of termination of the employment contract, a written copy of the notice is also sent to him by registered mail.

Here is an example of such a notice:

Notice dated (date) No.

about the upcoming dismissal due to staff reduction

Dear Full Name!

In connection with the reduction carried out by the organization (order No.), you are warned that the position you are filling is being reduced.

In accordance with the requirements of Art. 81 and 180 of the Labor Code of the Russian Federation, we notify you of vacant positions to which you can be transferred with your written consent:

- position, salary.

In case of your refusal to take one of the offered vacancies, the employment contract in accordance with Art. 180 Labor Code will be terminated 3 months after receipt of the notification with the simultaneous provision of guarantees and compensation provided for by current legislation.

Head (full name)

Let's summarize. The Labor Code of the Russian Federation determines how much notice an employee must give to the employer about dismissal and the period of notice within which the employer must give notice. single form of notice of dismissal of employees , so it should be drawn up based on the requirements of the Labor Code for the timing, form and content of the document.

You need an exact basis, if you do not have a reduction in staff, then according to Art. 81 of the Labor Code of the Russian Federation is enough grounds.

An employment contract can be terminated by the employer in the following cases: 1) liquidation of the organization or termination of activities by an individual entrepreneur; 2) reduction in the number or staff of employees of an organization or individual entrepreneur; 3) the employee’s inconsistency with the position held or the work performed due to insufficient qualifications confirmed by certification results; 4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant); 5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction; 6) a single gross violation of labor duties by an employee: a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason more than four hours in a row during a working day (shift); b) the appearance of an employee at work (at his workplace or on the territory of an organization - employer or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, narcotic or other toxic intoxication; c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee; d) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses; e) a violation by an employee of labor safety requirements established by the labor safety commission or the labor safety commissioner, if this violation entailed serious consequences (industrial accident, breakdown, catastrophe) or knowingly created a real threat of such consequences; 7) commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the employer; 7.1) the employee’s failure to take measures to prevent or resolve a conflict of interest to which he is a party, failure to provide or provide incomplete or unreliable information about his income, expenses, property and property-related liabilities, or failure to provide or provide knowingly incomplete or unreliable information about income, expenses, on the property and obligations of a property nature of their spouse and minor children, opening (availability) of accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, ownership and (or) use of foreign financial instruments an employee, his spouse and minor children in cases provided for by this Code, other federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to a loss of confidence in the employee on the part of the employer; the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work; 9) making an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization; 10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties; 11) the employee submits false documents to the employer when concluding an employment contract; 13) provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization;

17 October 2021, 15:59

Special cases

People with disabilities are one of the categories of workers who require additional state protection, therefore the management of the enterprise, when dismissing them, must be prepared for legislative restrictions.

An employee who has become disabled while working at an enterprise can be fired immediately only if the medical board has established disability group 1, for which work is contraindicated. If the employee remains able to work, the administration is obliged to offer him another place that meets his health in terms of working conditions. Management may dismiss an employee if, after establishing the group, he requires long-term rehabilitation - more than 4 months. Dismissal of a disabled person is permissible for violation of labor discipline or in the event of liquidation, staff reduction, refusal of an offered position, or transfer for medical reasons. The administration's decision must be justified by reference to the medical report.

Dismissal of a pregnant woman is permissible if continuation of work is impossible (liquidation of the company, refusal to move with the enterprise, etc.). There are also restrictions on the dismissal of single mothers (Article 261 of the Labor Code of the Russian Federation). It is permissible to fire a single mother (that is, a woman raising a child alone due to divorce or death of a spouse, as well as if the father is not identified or the child is adopted without a husband) in the following cases:

• upon liquidation of a legal entity or termination of the activities of a citizen-employer in the status of an individual entrepreneur;
• in the event of a violation of labor discipline established by the Labor Regulations (if, in addition, there are already penalties for similar offenses - clause 5 of Article 81 of the Labor Code of the Russian Federation), or a one-time gross violation of discipline;
• for immoral behavior;
• in the event of a crime being committed at the place of duty: theft, embezzlement, etc.

As part of the pension reform, a law was adopted according to which it is impossible to dismiss people who have less than 5 years left until retirement (pre-retirees) without sufficient grounds established by law, under pain of criminal prosecution.