The procedure for terminating an employment contract at the initiative of an employee

The legislative framework

Every Russian citizen is free to choose his job and change it as often as he needs. This right is guaranteed by Article 80 of the Labor Code of the Russian Federation.

The employee can do this at any time, but he must notify management at least two weeks in advance. In some cases, processing can be avoided:

upon retirement;
subject to the start of studies;
upon urgent departure to another city;
during pregnancy (if there is still a long time before going on maternity leave);
if necessary, care for a sick relative;
for health;
in case of violation of labor law standards by the employer.

Such grounds for termination of an employment contract at the employee’s initiative oblige the management to release him from the desired date. Seasonal workers and newcomers undergoing a probationary period can be notified to the company three days in advance.

Concept and general grounds for termination of an employment contract

What is an employment contract?

An employment contract is an agreement between two parties: the employee and his immediate supervisor. After signing it, the labor relationship between them begins.

Such an agreement has the following types:

Fixed-term (concluded for a certain period);
Indefinite (valid on a permanent basis).

In situations where its termination is required, consent to this procedure from the management of the organization is not required. The employee independently decides on such a legal procedure.

The grounds for termination of the contract may be:

personal initiative of both the employee and his immediate superior;
transfer to another position, both within the company and related organizations;
moving to another region or country;
change of management, in connection with this, the employee’s disagreement with such changes and his refusal to continue the employment relationship;
the worker’s disagreement with the resulting changes to the terms of the contract;
violation of its rules and established norms;
reasons independent of circumstances;
the term of such agreement between the two parties has come to an end;
by mutual agreement.

The situations for ending a working relationship can be very different. But no matter what they are, no one has the right to prevent this. This right is based on the provisions of the Constitution of the Russian Federation.

Grounds for terminating an employment contract with an employee at his request

According to the law, a citizen does not need special reasons to change jobs. If he is ready to work the required two-week period, then there is no need to explain anything. The phrase “I ask you to terminate the employment contract at your own request” is enough.

If there are special circumstances forcing this period to be reduced, they must be confirmed:

For a newly minted pensioner, it is enough to refer to age.
A pregnant woman or sick employee must provide a doctor's certificate.
A student, master's student, or graduate student should obtain a certificate of enrollment in the full-time department from the rector's office.
For the person leaving, the proof is a transfer order (your own or your spouse’s).

It is more difficult for those who leave work to care for a sick relative. Here, the employer may require not only a medical certificate and a document confirming relationship, but also evidence that there is no one else to care for the patient.

If management does not comply with the norms of the Labor Code of the Russian Federation, an ambiguous situation arises. One will agree to accept the statement and release the employee on the same day at the mere mention of a violation. Another will insist on confirming this fact. In the meantime, the State Inspectorate will conduct an inspection, two weeks will expire.

Who cannot be fired at the request of the employer

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

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

It also applies to fathers. Therefore, a man with a child without a mother, a guardian or an adoptive parent under such circumstances also cannot be fired.

The only exception to the dismissal rules is the cessation of existence (liquidation) of the enterprise.

Application form

Warning and indicating the reasons for urgency (if any) must be in writing. The application must be filed with your personal file. Otherwise, the dismissal order will be illegal.

You can write it in free form with the following details:

FULL NAME. and the position of manager;
Title of the document;
the essence of the request;
the date from which the relationship must be terminated;
indication of the reasons (if it is not possible to wait two weeks);
date and signature;
list of applications.

IMPORTANT!

If the employee does not indicate a specific date from which he wishes to cease activity, two weeks are automatically counted from the day after the employer receives the employee's resignation letter.

If the author of the application changes his mind, he can always withdraw it and continue working.

Who cannot be fired if there is a legal basis

The law defines the circle of people who cannot be dismissed, even if there are justified reasons. This category is established in particular in the Labor Code in Article 261. Such persons include:

pregnant women;
single mothers or fathers;
the only breadwinner in the family (a disabled child or a large family, one of the children under 3 years old);
an employee on sick leave or on vacation;
a person of pre-retirement age;

And a number of other citizens, for example, a single father.

Important! These legislative norms lose their force if the enterprise is liquidated or the employee repeatedly violates production discipline or evades fulfilling his duties.

We terminate the employment contract: dismissal at will

So, the application has been considered, the required deadline has passed. Now the personnel officer needs to issue an order. Resolution of the State Statistics Committee No. 1 of 01/05/2004 contains a unified form of such a document - T-8.

It should be filled out as follows:

provide the name and OKPO of the organization;
indicate the date of preparation and order number;
enter the dates of conclusion and termination of the trade agreement;
indicate the full name, position and personnel number of the dismissed employee, the structural unit where he is registered;
refer to the basis.

The order is signed by the head of the organization. The dismissed employee must make a note of familiarization with it.

With a minor

The rules for dismissing a minor employee are presented in Article 269 of the Labor Code of the Russian Federation. According to it, termination of employment relations with a subordinate who has not yet turned 18 years old must take place on the basis of an issued order from the head of the organization.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

The completed order must be handed over to the dismissed employee for review. Afterwards he must sign it, thereby agreeing to the termination of the employment contract.

In addition, when dismissing a minor subordinate on his own initiative, the employer is obliged to obtain the consent of the following authorities:

State Labor Inspectorate;
Guardianship and trusteeship authority.

The employer is not required to obtain the consent of the above authorities if the reason for terminating the employment relationship with a minor is the liquidation or bankruptcy of the enterprise.

On the last working day, the boss must:

Make a settlement with the employee;
Return the work book.

What's next

All that remains is to make an entry in the work book. This applies not only to how to terminate an employment contract at the initiative of the employee. This step is final in all cases, except for those where the work book was not kept.

In the “Information” column you should write: “Dismissed at his own request, paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation.” In the “Grounds” column you must indicate the order number.

Next, the employee receives all payments due to him, namely: wages for the time worked in the current month, compensation for unused vacation and others, if they are provided for in a particular organization.

Sample of termination of an employment contract at the initiative of the employee

Termination procedure

The procedure for terminating an employment relationship is as follows:

Taking the initiative to terminate the employment relationship of one of the parties (employee or employer);
Drawing up and issuing an order to dismiss a specific employee;

The order indicates the details of the dismissed employee, the grounds that served as the reason (for example, the initiative of the employee or the employer) with reference to the Labor Code, as well as the date from which the countdown of 14 days of work begins before the final dismissal.

Calculation of the employee and issuance of a work book on the last day of his work (usually the 14th day).

If an employee fails to appear on the last working day, he is sent a written notification of the need to report to work for payment and issuance of the required documentation.

If the employer does not calculate and return the documents on the last day of work, the dismissed employee has the right to file a petition demanding their issuance. The requirements of the submitted application must be satisfied within 3 days from the date of its submission.

At the initiative of the employee

Dismissal on one's own initiative (the employee's initiative) is carried out on the basis of Article 80 of the Labor Code of the Russian Federation.

According to it, having decided to quit, an employee is obliged to notify his employer about this no later than two weeks before the proposed resignation by submitting a corresponding resignation letter.

Sample letter of resignation at own request.doc

The 2-week countdown begins on the day following the employee’s submission of a voluntary resignation letter. In some cases (by agreement) this period may be reduced.

In some cases, an employee may reduce or not work the 14-day period at all. The legal basis for this may be one of the following:

Enrollment in a university (full-time study);
Retirement;
Violation of the Labor Code of the Russian Federation by the employer;
The occurrence of a serious illness (severe illness);
Moving to another city/country;
Other grounds approved by the internal regulations of the organization.

During the two-week period of work, the employee has the right to withdraw his resignation letter, except in cases where a new employee has already been appointed in his place (this can be confirmed by the relevant document).

After submitting the application, the employer is obliged to:

Issue an order in Form T-8 (in case of consent to dismissal) or draw up a written petition explaining the reason for the refusal;
Prepare a calculation note T-61 and send it to the accounting department;
Return the work book to the employee, with a note indicating the reason for dismissal;
Make final calculations for wages and other due payments;
Issue other documentation upon the employee's written request.

Based on the order, an entry is made in the work book (this is done on the last day before the book is issued, so that the employee immediately signs in the book for recording the movement of work books).

At the initiative of the employer

The employer, as well as the employee, has the right to initiate the termination of the employment contract with his subordinates. The basis for this can be both reasons established at the legislative level and internal rules within the organization itself.

Thus, the reason for termination of an employment contract on the basis of Labor legislation may be:

Liquidation of the organization;
Reduction of workforce;
Inconsistency between the employee and his position. For example, due to an insufficient level of qualifications or poor health;
Serious violation of labor legislation by an employee of the enterprise (unreasonable absenteeism, being drunk at work, drug use, failure to maintain data confidentiality, etc.);
Repeated failure to comply with labor obligations on the part of a subordinate, provided that he has at least one disciplinary sanction;
Theft of property belonging to the company;
Intentional damage to office property;
Failure to comply with labor safety rules, which resulted in a production accident, as a result of which people were injured/almost injured;
Loss of trust in relation to a subordinate;
Making frivolous decisions that resulted in the illegal exploitation of the enterprise’s property;
Falsification of work/personal documentation (during employment);
Other reasons that contradict the norms of the Labor Code of the Russian Federation.

When dismissing an employee for one of the listed reasons, the employer is obliged to provide documentary evidence of the labor violation committed by him. For example, a medical report confirming that the employee is intoxicated.

An employer does not have the right to fire an employee who is on vacation or sick leave.

By agreement of the parties

Termination of business cooperation by agreement of the parties is carried out on the basis of Article 78 of the Labor Code of the Russian Federation. In accordance with it, the employer and employee can terminate their labor cooperation at any time if both parties agree to termination.

In this case, individual terms of service upon dismissal can be agreed upon and assigned. In some cases, a resigning employee can ensure that there is no work at all, and after filing a letter of resignation by agreement of the parties and issuing an order, he immediately receives a paycheck and a work book.

With a foreigner

The procedure for terminating an employment contract with a foreign citizen is no different from the procedure for dismissing an employee with domestic citizenship.

The only difference is the need to notify the Federal Migration Service, the Employment Center and the territorial division of the Tax Inspectorate about the dismissal of a foreigner within three days from the date of termination of labor cooperation.

This responsibility falls on the shoulders of the employer.

With a minor

The completed order must be handed over to the dismissed employee for review. Afterwards he must sign it, thereby agreeing to the termination of the employment contract.

In addition, when dismissing a minor subordinate on his own initiative, the employer is obliged to obtain the consent of the following authorities:

State Labor Inspectorate;
Guardianship and trusteeship authority.

The employer is not required to obtain the consent of the above authorities if the reason for terminating the employment relationship with a minor is the liquidation or bankruptcy of the enterprise.

On the last working day, the boss must:

Make a settlement with the employee;
Return the work book.

Conditions for termination at the request of the employee

The above defines the fundamental conditions for canceling a contract at the initiative of an employee. To legally cancel it, you must do the following:

Written form of request for cancellation (application);
Voluntary dismissal.

The law recognizes only the written form of this type of severance. The application must express the request and indicate both the date of writing and the desired period. It should not be less than specified by legal norms. But, in fact, it is possible to terminate the contractual relationship earlier. It must be emphasized that the above document is written at will.

The date should be specified to the extent permitted by law. And it is necessary to indicate, since the applicant must perform his functions until the contract is cancelled. Work evasion must be stopped in the standard way. Absenteeism and other violations are still not allowed. That is, you should resign at your own request thoughtfully.

The expression of will must be voluntary, and not done under pressure. Otherwise, the court will declare the termination of the contract illegal. To terminate it, you must act according to the law.

Filling out a work book

The law obliges the employer to maintain work books for each employee who has worked for more than five days in a given company, if this activity is the main activity for the worker, which is regulated by Articles 309 and 66 of the Labor Code.

How to write a voluntary resignation letter correctly? Entries may only be made in black, purple or blue ink. However, no abbreviations can be used.

An employee may not present a work book when applying for employment only:

if you go to work for the first time (Article 65 of the Labor Code);
if you apply for a part-time position (Article 283 of the Labor Code).

Upon dismissal, the book is issued on the last day the worker performs his assigned duties. In this case, a corresponding entry with the following data should already be left in it:

The number of the entry being made is entered in the column titled “No entry”.
The date of dismissal is entered in the second column in Arabic numerals.
The third column indicates the reason for dismissal. The article in accordance with which the procedure was carried out is also indicated here. When dismissal at the personal request of an employee, paragraph 1 of Article of the Labor Code under number 77 is noted in the column.
In the fourth column, the date of preparation of the documentation on the basis of which the dismissal is carried out is indicated, as well as its number. As a rule, such a document is an Order to terminate the employment contract.
The entry is certified by a stamp and signature by the director (or other authorized person).
The signature of the person leaving is affixed.

IMPORTANT! The work book is given to the employee on his last working day. If the worker is absent, then on the same day he is sent a notification indicating the requirement to appear to receive the payment and documentation, which allows the employer to avoid liability for untimely actions.

An example of filling out a work book when dismissing an employee at his own request:

Nuances that a quitter needs to know

As already mentioned, the employee must submit an application at the latest 2 weeks before the desired date. This is what the Civil Code says. In this case, he should take into account that the employer has the right to require him to work these two weeks. And there will be no violation of laws by the employer when punishing for absenteeism. A reduction in the period occurs if the parties agree.

Reinstatement of a dismissed employee

When terminating an employment contract, the norms of the Labor Code of the Russian Federation must be strictly observed. An employer may dismiss an employee only in strict accordance with the grounds established by law and in full compliance with the dismissal procedure. It should be taken into account that the employee has effective measures to protect labor rights.

Violation of the dismissal procedure may result in the employee being reinstated in his previous position and the recovery of average earnings for the period of forced absence. An employee who believes that termination of an employment contract is illegal has the right, within 1 month from the date of dismissal, to apply to the court with a claim for reinstatement at work.