Dismissal of an employee: grounds for termination of an employment contract

20.10.2019
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6 min.

Termination of a contract may be required for various reasons. The Labor Code of the Russian Federation regulates dismissal as a clear situation agreed upon at each stage. From a legal point of view, the cancellation of an employment contract is one of the most complex processes relating to working relationships. Especially if there are additional circumstances (initiative of the manager, classification of the employee as a socially protected category of citizen, pre-retirement age, etc.).

Possible reasons

The most common reasons for voluntary dismissal are as follows:

lack of opportunity to develop along the career ladder;
low wages.

People always want to develop in their activities, not only in order to improve their professionalism, but also to receive higher wages.

Labor legislation identifies the following valid reasons for dismissal at will:

Reaching retirement age. A person wishes to receive pension payments.
Relocation of a family to another locality or to another state (for example, for work).
Having an illness that limits a person's ability to continue working. An illness may force an employee to move to another city, town, or country.
Having a sick relative who needs to be cared for. This also applies to a child or close relative with a disability. It is recommended to provide a certificate of such health status from a medical organization.
The need to care for a child under fifteen years of age arises.
Admission to an educational institution to obtain higher education. Enrollment in graduate school may also be the reason for dismissal.
Commitment of violations by the management of the enterprise.

When a person argues for his dismissal with good reasons, he is recommended to attach documentary evidence of this fact.

When the employment relationship ends

Possible reasons for dismissal from work are established by law. In particular, they are the following reasons:

An agreement (agreement) between the subjects of legal relations.
Expiration of the agreement.
Termination of the agreement on the initiative of the employer.
Transfer of an employee with his consent to another employer.
Refusal of an employee to work due to a change in ownership of property, in connection with reorganization procedures in the company.
An employee’s refusal to work due to changes that are not specified in the contract.
Refusal of an employee to be transferred to another type of work due to his state of health, confirmed by the conclusion of specialists.
Refusal of an employee to be transferred to another region.
Circumstances that occurred due to force majeure.
Violation of the provisions of the Labor Code if they exclude the possibility of continuing work activity.

Dismissal during pregnancy and maternity leave

If a woman has documented the onset of pregnancy, then from that moment on the employer does not have the right, by its decision, to dismiss such an employee. This requirement is fixed in Article 261 of the Labor Code.

In accordance with the law, a manager cannot fire a woman even in the following cases:

committing a disciplinary offense;
unsatisfactory performance results;
absenteeism.

By decision of the employer, dismissal is possible if the company is liquidated. When a woman works under a contract signed with an individual entrepreneur, dismissal may occur if it is closed. A pregnant woman should be warned that the enterprise will be liquidated. This must be done two months before the start of the liquidation process in writing.

While pregnant, a woman has the right to express her desire to unilaterally terminate her employment relationship. In addition, the parties can reach such a solution mutually. It is formalized by agreement. The document is drawn up in two copies.

The agreement must include the following information:

The amount of money to be paid.
Date of termination of employment duties.
Other information relevant in this case.

To resign on her own initiative, a woman needs to write an application and submit it to the manager or the appropriate specialist. When a woman quits after the decision has been made, she is not entitled to compensation. She receives a salary for the days that were actually worked. The legislation is aimed at protecting childhood and motherhood, therefore, in case of violation, administrative liability is applied to the employer.

A woman has the right to apply for dismissal while on maternity leave. It must be prepared two weeks before the date on which she wishes to terminate the employment relationship. This time is required to prepare documents, carry out calculations and make payments. Also these days the employer can find another specialist for this position.

The parties' relationship may end before the end of two weeks if they have reached an agreement. Dismissal can be formalized on the day the application is received. Often, the position of an employee on maternity leave is already occupied by another company employee or a new employee. The date of dismissal in such a situation is the day indicated in the employee’s application.

The management of the organization needs to make payments on this day, as well as issue all the necessary documents. If a woman needs additional documents, she must submit a written request. Documents can be sent by mail as agreed by the parties. This is due to the difficulties of moving with a small child.

How should an employee transfer matters?

As a rule, all resigning employees sign a leave form on their last working day. The list of employees who must endorse this form is established depending on their job responsibilities, for example, if a manager constantly works at a computer, the list, in addition to the immediate supervisor, will include the head of the IT service, if the employee was provided with special clothing - a storekeeper, etc.

Usually, all the details of the transfer of affairs when a person leaves a permanent place of work are regulated in internal regulations and company instructions.

The main documents here could be:

regulations on the procedure for accepting and transferring cases upon dismissal;
instructions for conducting an inventory.

When dismissing materially responsible persons, the employer has the right to take over the cases after conducting an inventory, checking the reporting and safety of property.

If another employee is not hired for the position, everything is transferred to the immediate supervisor or an authorized person.

Please know: the employer does not have the right to call the dismissed person to transfer affairs after the termination of the employment relationship.

Dismissal of military personnel

The legislation regulates the relations of the parties during military service and provides for voluntary dismissal. To do this, a person must provide a compelling written argument.

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Step-by-step instructions on how to quit your job voluntarily

These reasons include:

Residence of close family members outside of Russia.
Lack of funds to provide for the family.
The need to support or raise a minor child.
Pregnancy.
The death of a loved one, after which the person cannot serve.

The serviceman needs to prepare a report indicating good reasons. The commander accepts it and makes his decision. The report may be sent to the appropriate commission. After this, it is decided when the dismissal occurs. A person can be fired within seven or fifteen days, but the whole process can be delayed by documents that will take a long time to travel from Moscow to the relevant unit.

Without working off

An employee of an enterprise has the right to resign at any time that is convenient for him. He can do this:

on holiday;

while performing their professional duties;
on probation;
after an interview or resume review;
on a sick leave.

The law requires an employee to notify management of his intentions to resign in advance. This period is fourteen days. The law allows you not to work after dismissal.

To do this, the parties must reach an agreement. Management allows dismissal without working the required number of days if the employee can provide documented evidence of urgent need or good cause.

Application for resignation

The law does not determine the exact form of the application for dismissal.
In this case, you need to adhere to certain rules. The application must be written independently. It can be written by hand or using computer technology. The application must be written addressed to the head of the enterprise. It is not written in the name of the head of the unit.

In the right corner you need to indicate the following:

personal information about the boss;
name of company;
personal information about the employee and his position;
date of termination of relations between the parties;
a description of the reasons for the desire to quit;
expression of desire to use vacation;
date of application, signature.

The prepared document must be submitted to the personnel department. This can also be done to the head of the organization. It is recommended to prepare the application in two versions. On the second one you need to put a mark with the number from the incoming correspondence log.

When the manager refuses to accept the document, it should be sent by mail. The letter must be sent by registered mail, so that notification will be returned upon receipt. After 14 days, the employee has the right not to go to his workplace. The application must be written and submitted on the same day.

When terminating an employment contract at the employee’s initiative, the application must indicate the number of the document being terminated. When dismissal occurs by consent on the next day, this should be documented in an agreement. The agreement must necessarily contain the following information:

The date on which the employment relationship ends.
Last working day.
List of payments to be paid.

Payments are indicated if they were discussed in the employment agreement of the parties.

Rules for filling out a resume

There are several important rules when filling out the section in a resume about dismissal from a previous job:

Maintaining the principle of brevity . There is no need to tell a whole story about why this decision was made. The employer is not interested in going into details; he only needs to find out the main reason. It can be summed up in one or two sentences. If you need to find out some points, the recruiter himself will ask questions during the interview;
It is advisable to indicate the actual reason . If the work book contains a neutral phrase, such as “at one’s own request”, “expiration of the employment contract”, “refusal to transfer to another position”, then this is what should be written in the resume;
If there is no entry in the work book, for example, when a person worked unofficially , it is better to indicate this point in the resume. For example, “the management did not want to draw up an employment contract.” Many recruiters treat this with understanding, especially if the person worked in a small city where this is most common.

Order of dismissal

Until 2013, management had to issue a dismissal order in a form established by regulations.
At the moment, an enterprise can independently determine the form of the document. At the same time, it must necessarily contain a clause that contains the grounds for dismissal. An organization can establish a sample order that meets the requirements of Article 9 of Federal Law No. 402.

It should include the following points:

Title of the document;
name of the enterprise;
main text;
employee information;
signature of the head of the organization;
signature of the employee who is resigning.

The employee must be familiar with the order. After that, he signs it. In addition to the signature of the manager, the order contains the seal of the organization or individual entrepreneur.

Calculation of severance

On the day of dismissal, the employee is required to pay the amounts due to him from the organization (Article 116 of the Labor Code).
When an employee is not at work on his last working day, these funds must be paid the next day after the employee receives a request to make a payment. The employee is recommended to indicate in his resignation letter the date when he wishes to receive a payment. When a dispute arises between an employee and the company's management regarding the amount of money, until resolution, the company is obliged to pay the amount in respect of which there is no disagreement.

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Features of dismissal under Article 78 of the Labor Code of the Russian Federation

For example, a company has claims against an employee because he caused damage through his actions. However, the employee himself does not think so. The organization must pay the money, and only then go to court with a demand to recover it from the former employee.

Deductions must be transferred in accordance with the provisions of Article 128 of the Labor Code of the Russian Federation.

The law does not apply deduction to the following payments:

severance pay;
compensation.

The employee is entitled to a benefit payment in the amount of three salaries if the manager decides to terminate the employment relationship with the employee through layoffs.

Reasons why an employee may terminate an employment relationship:

The administration of the enterprise violates labor legislation.
Violations of the terms of the agreement (collective, labor) occur.

As stated above, no deduction is made from such benefits. When funds are not paid on time, the employer is obliged to make payments on the day the documents and other compensation are issued. If, by a court decision in favor of the employee, the company is obliged to make compensation for the period of time when there were delays. When making a decision in favor of the organization, the court determines the amount of compensation.

Compensation for unused vacation

Legislative norms in the field of labor relations provide for compensation if the employee does not use the required vacation days each year.

The employer must also compensate additional vacation days for employees with special status:

presence of a child under 1.5 years old;
presence of a minor or adult child with a disability.

This provision is enshrined by the legislator.

The following categories of employees, provided they have worked at the enterprise for at least ten months, should receive compensation for days not spent on vacation for the full duration:

Leaders.
School and university specialists.
Scientific workers.
Teachers.
Scientific and pedagogical workers.

If an employee expresses a desire to use vacation and then resign, he has every right to do so.

The last day of vacation will also be the day the employee is dismissed. The employee must indicate in the application his desire to receive compensation for vacation that was not used or to take off his allotted vacation.

Reasons for leaving a job for a resume

If you don’t want to write the hackneyed phrase “at your own request” in your resume, then you can indicate the following options:

Due to relocation;
There were no prospects for career growth;
Abolition of a position at the enterprise;
Family circumstances. In this case, you will only have to give a more detailed explanation at the interview. For example, there was a divorce from my wife, and I had to move to my previous place of residence, which is far from work;
High attractiveness of the new place of work;
Desire to develop as a professional. The recruiter may ask what exactly prevented the development of professional skills at the previous job. You can answer that there were few clients there, so I couldn’t realize my desire to work with people.