Dismissal at the initiative of an employee is one of the most common reasons for dismissal in Russia. The reasons for terminating a contract with an employer can be different: an offer of a higher-paying job, a change of place of residence and other personal circumstances that the subordinate may not name.
An employer cannot refuse a subordinate his intention. Forced labor is prohibited in Russia. At the same time, when terminating a contract, there are some features and rules that must be followed.
Dismissal procedure
Termination of a contract on the initiative of a subordinate is simple to formalize. However, it is necessary to adhere to the following algorithm of actions.
Writing an application
First of all, the employee makes a decision about the upcoming dismissal from his position. The employee must express his intention by writing a statement (at home or at work). To complete the document, you will need a blank sheet of A-4 format. If your organization has a standard form, you can use it.
The paper is drawn up in the name of the head of the organization and must be signed and dated. The document must be handed over to the manager. If there are suspicions that the employer will not consider the application, it should be sent by mail with an inventory.
Attention
If a document is sent electronically, it must contain the employee’s electronic signature, which confirms that the document was drawn up by him.
The application should indicate the personal data of the employee, manager, reason (own desire), circumstances confirming the need for dismissal without service (if any), as well as a link to the law (Article 80 of the Labor Code of the Russian Federation), signature and date.
Sample application at your own request:
The HR department, having received the application, checks that it is filled out correctly, as well as the presence of the necessary details. After this, the paper is recorded in the journal for accepting incoming correspondence, and an order is drawn up.
Making an order
The personnel service, having received the application, draws up an order. If there are letterheads in the organization, you can use them, or fill out an order using the approved form T-8 (for the dismissal of one employee) or T-8a (for the dismissal of two or more subordinates).
Important
It is not recommended to start issuing an order immediately after the document has been approved by the manager. The employee can change his decision and, as a result, withdraw the document within 14 days. If this happens and the order has already been issued, it will be necessary to draw up a new order to cancel the previous one.
As a rule, filling out an order in an approved or free form is not difficult. The main thing is to avoid mistakes in the name of the person being dismissed, his position and structural unit (if any), as well as the date of termination of the contract.
For your information:
If the application says from January 20, then the order indicates January 19. If an employee asks to dismiss him on January 20, then the date is indicated in the order - January 20.
Example of a completed order:
The order is signed by the head of the organization and handed over to the employee for review under his personal signature. If the person being dismissed for some reason has not read the paper (on sick leave, on a business trip, on vacation), then a corresponding entry is made.
After signing the order and familiarizing the employee with it, a corresponding entry is made in the work book.
Full payment and issuance of documents
The dismissed employee receives documents, as well as a full payment on the last working day. Failure to comply with this rule is interpreted as a gross violation of the Labor Code of the Russian Federation.
First of all, a work book is issued. If it is not possible to hand it over personally, then it can be sent by mail or courier, having received the written consent of the employee.
In addition to the work book, the former employee must receive a certificate in form 2-NDFL, an extract from the SZV-M report, a medical book (if available), as well as documents confirming education and qualifications, if they were in the organization (certificate, diploma, certificates from educational institutions).
In addition to standard documents, an employee may request a number of other documents in writing:
- employment contract (despite the fact that a copy of the employee is given to him upon employment);
- certificate of salary and contributions to the Pension Fund;
- internal orders related to hiring, transfer to a position, to another department, dismissal.
For your information:
A former employee may request the listed documents in writing at any time after dismissal. According to Article 62 of the Labor Code of the Russian Federation, the employer is given three days to prepare the requested papers, which must be certified by the head of the organization and provided free of charge.
Design rules
There are several options for registering a work report upon dismissal; all of them are purely individual and depend not only on the reason, but sometimes also on the personal circumstances of the case. So, filling occurs as follows:
- The first column is the number of the record that will be executed. It should be just a number, for example - 45.
- In the second, you should indicate the date when the entry is made; in this case, the date of dismissal will be considered the last day of work of the employee or the day the order was issued.
- In the third column you should enter the information about the dismissal. This section will differ for different reasons for reduction. This is where the reason and additional information for clarification, if any, will be indicated.
- In the last column, you should indicate the order for the dismissal of this employee, its number and date of issue.
You can learn how to correctly make entries in a document from the following video:
At your own request
If the subject resigns at his own request, and the employer does not have any claims against him, the third line should say “the dismissal occurred at his own request.”
Please note that if the dismissal occurs according to some benefits or special conditions, this should also be indicated. So, for example, there is an entry “... in connection with the transfer of the husband to another area.”
By agreement of the parties
There are often cases when an employee is fired by agreement of the parties. In this case, all previous rules remain in force, except for the third paragraph.
In the “information on termination of employment relationship” column, it is worth entering the agreement between the employer and employee, as well as the corresponding article, as the reason. In this case, the entry will contain the phrase “by agreement of the parties” and refer to paragraph 1 of Art. 77 Labor Code of the Russian Federation.
In connection with the liquidation of a branch or enterprise
Since the liquidation of an enterprise occurs due to the decision of the owner, the initiative in dismissal must be at his will.
In this case, the employee must enter the following information in the book: “at the initiative of the employer in connection with the liquidation of the enterprise, clause 1 of Art. 81 Labor Code of the Russian Federation.” The reason may also be indicated - the termination of the existence of an individual entrepreneur.
Due to the death of an employee
If an employee dies, this is not a reason to throw out his employment record. It must be filled out and then given to relatives. This can be done in two ways: by hand against a signature or by mail after a written application from one of the relatives.
All items are filled out in the same way as the previous ones, but in the third column the following data must be entered “in connection with the death of an employee, clause 6 of Art. 83 Labor Code of the Russian Federation.”
When reducing staff or position
In this case, the following wording would be appropriate: “due to a reduction in the number of employees,” reference to clause 2 of Art. 81 Labor Code of the Russian Federation.
If you refuse the transfer
There are situations when, for health reasons, a person must be transferred to another position, job, or to another location. But he may refuse to do this - this may be the family’s reluctance to move, poor working conditions, low wages, etc.
Then the subject can try to talk with his superiors and find a compromise or write a letter of resignation. In this case, he will be dismissed due to refusal to transfer. The entry in the employment record must be appropriate: “with refusal to transfer to a new place of work,” reference to Art. 77 clause 8 of the Labor Code of the Russian Federation.
There are many more reasons for dismissing staff, in each of them it must be recorded in the work book. Check the information and demand that management comply with all laws of the Labor Code of the Russian Federation.
Terms of dismissal
Article 80 of the Labor Code of the Russian Federation states that a subordinate notifies the employer of his decision in writing two weeks in advance. However, if the parties reach a mutual agreement, the working period may be reduced or removed altogether.
The employer is obliged to release the employee from performing his job duties without a two-week warning period in the following cases:
- enrollment in an educational institution (full-time study);
- retirement;
- violation by the employer of legislation, local acts, collective and labor agreements.
- other cases:
- moving to another area;
- transfer of a family member (husband, wife) to work abroad;
- care for a child under 14 years of age, as well as for a disabled child or a sick close relative.
An employee undergoing a probationary period warns of his decision to stop working 3 days in advance (Article 71 of the Labor Code of the Russian Federation).
The head of an organization or a separate division, as well as his deputies, the chief accountant, are required to notify of their decision to resign in writing one month in advance.
What entry is made in the labor record?
The dismissal of an employee is accompanied by an entry in his work book. As a rule, filling out this document does not cause difficulties. A correct entry will not raise additional questions from either the tax or labor inspectorates.
Filling out the book when leaving at your own request occurs according to the following algorithm:
- The serial number of the record is indicated.
- The date of dismissal is indicated.
- The basis for dismissal is written, referring to the legislation (clause 3 of Article 77 of the Labor Code of the Russian Federation or Article 80 of the Labor Code of the Russian Federation).
- The details of the issued order to terminate the employment contract are recorded.
- The signature of the personnel service employee (the head of the organization), as well as the dismissed employee, is affixed upon receipt of the book, which indicates that the entry made is recognized as correct.
Important
It is unacceptable to make abbreviations in the work book. For example, writing paragraph 3 of Art. 77 of the Labor Code will be considered incorrect. All words should be written in full: paragraph 3 of Article 77 of the Labor Code of the Russian Federation.
Sample entry in the work book:
When and how it is carried out
A record of dismissal is made on the day of termination of the contract by the employee, or with the issuance of an order from the entrepreneur to this effect.
But in exceptional cases, information can be entered on another day if the day of dismissal does not correspond to the day on which the employee last worked. But this is an exception that is prescribed by the Labor Code or the drawn up agreement.
The registration of a work book according to the Labor Code of the Russian Federation must be carried out properly. The main criterion should be the blue, purple or black color of the pen with any base (gel or paste) with which records are taken.
Also, abbreviations should not be used, and the text should be concise and to the point.
The information recorded in it must correspond to what is written in the order. It is mandatory to indicate the article of the Labor Code that reflects the reason for the break.
The resigning employee is obliged to check the correct contents of his document, and if there are errors, he must indicate and then correct the information.
After such a check, the records are confirmed with the seal of the enterprise, and the personnel officer and employee put their signatures. If the owner does this, then he indicates the agreement and validity of the recorded facts.
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
On the last working day upon dismissal, the hirer must receive a work report with all the relevant information correctly entered, which must contain the necessary seals and signatures.
On the day of his dismissal, unless otherwise specified in the contract, the document must be handed over. In other cases, if the employee is absent, it can be transferred by mail or by an interested person.
This is important to know: The period of service upon dismissal of one's own free will
Payments due upon dismissal
The dismissed person must receive all payments due to him on the day of dismissal. These include:
- salary;
- compensation for remaining vacation;
- allowances that are provided for in collective and labor agreements.
Attention
If a former employee took vacation in advance, then vacation pay is recalculated, and the excess amount is deducted from the calculated funds.
If a subordinate is not present at work on the day of dismissal and therefore does not receive full payment, he can claim it on any subsequent day. Also, money can be transferred personally or by transfer to a card. In the application, the employee can indicate a convenient way to receive payments.
Can an employer refuse to accept a resignation letter on its own?
Important
According to paragraph 1 and paragraph 2 of Art. 37 of the Constitution of the Russian Federation, labor is free. Failure by the employer to accept the application is regarded as a violation of current legislation.
The manager is obliged to accept the application. If there are suspicions in this matter, you can send a letter of resignation by mail with an inventory, and also take it personally to the department of the organization responsible for accepting correspondence. Thus, the employee will have confirmation that the manager has received his request.
For your information:
If the manager fails to act, the employee may file a petition in court to protect his rights.
Is it possible to withdraw an application?
Based on Article 80 of the Labor Code of the Russian Federation, an employee has the right to withdraw an application within a two-week period. This is possible if another person has not been accepted in writing to replace the subordinate and who, at the legislative level, cannot be denied employment.
If the date of dismissal is indicated before the end of 14 days, then the subordinate can withdraw the application before the deadline specified in the document.
For your information:
The application can be withdrawn both in writing and orally. However, it is recommended that you document your intention to continue working in your current position to avoid disputes.
The employee can make a corresponding entry on the application or send the employer a separate document notifying him of the withdrawal of the resignation letter.
Document delay
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
Although the employer must issue the work permit on the last day of work, there may be a delay in its issuance. Due to some serious circumstances, it may be issued a little later.
Such reasons may be the worker’s absence from work that day (if, for example, he is sick or skips work). Then the employee is obliged to write a written statement asking to return the book.
This is important to know: How to resign of your own free will for a working pensioner
If delivery in person is not possible, it is sent by mail to your home. In this case, the basis for such actions must also be a written request from a subordinate.
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In other cases, the employer does not have the right to delay delivery. If this happens - documents were issued untimely or not issued at all, management must be held accountable for such unlawful actions.
They will also be guilty if entries are made incorrectly.
It is very important for both the employer and the employee to know the reasons for termination of the agreement, how the pages are filled out correctly, as well as information about the delay in issuing the work permit.
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
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The nuances of dismissal
Dismissal of a subordinate at his own request is common for any organization. However, there are some features that should be taken into account by both the employee and the HR department.
On holiday
If there is unused leave, the subordinate has the right to take it with subsequent dismissal (Article 127). In this case, rest days will count towards working off.
Application example:
Attention
It is important to consider that if the employee changes his mind, the document can be recalled only before the start of the vacation period.
It is also possible to write a statement and then go on vacation any day with the approval of management.
On a sick leave
A subordinate can write an application for payment while on sick leave. In this case, the 14-day countdown begins from the next day after the application is submitted, and not the employee’s return to work.
Also, having expressed his desire to stop working, the employee, if necessary, can take sick leave. The countdown of days will also continue and settlement will occur on the specified day.
Important
If a subordinate, due to health reasons, was unable to appear at work on the day of release from his position, then the calculation still occurs.
On probation
An employee who is on a probationary period, having come to the conclusion that this type of activity is not suitable for him, notifies the employer about this within three days. The procedure is similar to standard voluntary dismissal.
The subordinate writes a statement in which he indicates his desire to stop working, puts a date and signature.
Upon retirement
Legislation guarantees the receipt of state benefits for persons who have reached retirement age. Thus, an employee can apply for termination of employment both at the time of retirement age and some time later.
The employer is obliged to issue documents, as well as make a full payment on the day specified in the application.
Important
The pensioner is not required to give notice of his intention within two weeks.
The paper is drawn up in free form, however, the reason for dismissal should be indicated as the inability to carry out further work activities in connection with retirement.
Other cases
In addition to the listed cases, there are a number of others when a subordinate resigns of his own free will.
- Student. The student can terminate the contract with the employer at any time. The application indicates the date of termination of work, and also attaches a supporting document (for example, a certificate of enrollment in an educational institution).
- A woman on maternity leave. An employee who is on maternity leave, as well as to care for a child until he or she reaches the age of three, can apply for dismissal in the standard manner, giving two weeks’ written notice of her decision. Termination of the employment contract with such an employee is formalized in the standard manner. Within a two-week period, the employee has the right to change her mind and withdraw the document.
- An officer. For an officer to terminate a contract, there must be valid reasons. The legislation does not provide a list of them. It is understood that the officer has circumstances that make his further service in the RF Armed Forces impossible. The serviceman must submit a report of dismissal and attach documents confirming the need for early termination of the contract. The certification commission, together with the commander, will consider the officer’s petition, recognizing his reasons as valid or not, followed by dismissal.
- Disabled person. The process of dismissing a disabled person is no different from the standard one. The application is submitted 14 days in advance, after which the work period begins. Dismissal of a disabled person usually occurs in two cases:
- The decision was made by a person who has been disabled for a long time. Perhaps he needs time for treatment or rest.
- An employee who has just received disability intends to terminate the contract. Perhaps he cannot continue to perform his previous job responsibilities, or this type of work is no longer suitable for him.
- Because of the move. A person can resign on his own due to relocation. The paper is drawn up in free form, the date of the desired termination of the contract is indicated. The employer may agree with it or require two weeks of work. If processing is not possible, then supporting documents should be attached.
Cancellation of paper work books in 2021: latest news
See also:
- How can an employer switch to electronic work books?
- New SZV-TD report from 2021
From 2021, all employers will have to switch from traditional paper work books to electronic work books. The new requirements are mandatory for all employers – companies and individual entrepreneurs. In 2021, paper work books will remain, but in parallel with the paper version, it will be necessary to maintain an electronic one.
By the end of 2021, each employee needs to decide:
- or he wants to leave a paper version of the work book;
- or wants to switch to an electronic version of a digital work book.
If he wants to keep his work book in paper form, he will have to submit a corresponding application by the end of 2021, and the employer will be required to continue to keep work books in paper form simultaneously with the electronic version of information about his work activities. Employers must notify each employee of the need to choose the method in which you will draw up a work book in 2021 no later than June 30.
