Rights and obligations of an employee upon dismissal of his own free will

When a person works under an employment contract, he has certain rights and obligations. What rights does an employee have upon dismissal?

In Art. 77 of the Labor Code of the Russian Federation provides all the grounds for termination of labor relations. This:

• agreement of the parties. That is, the employee and employer agree that the employment relationship will terminate under certain conditions. These conditions are reflected on paper, which is signed by both parties;
• termination of the employment contract. The exception is when the contract has expired and the employee continues his activities. At the same time, the employer did not demand termination of the relationship;
• employee's desire. He must write a statement in which he will reflect his desire. It is not necessary to indicate a reason. But if you need to quit urgently, then the reason must be indicated;
• employer initiative. You cannot simply fire someone at the request of the employer! In Art. 81 of the Labor Code of the Russian Federation provides clear grounds for termination of relations by the manager. Any basis must be supported by documents;
• transfer of an employee to another employer or to another position (elected). Written consent must be obtained from the employee;
• the employee’s refusal to fulfill his duties due to the fact that the employer’s working conditions have changed;
• an employee’s refusal to abdicate his or her job duties due to a change in the ownership of the enterprise’s property;
• other grounds listed in Art. 77 Labor Code of the Russian Federation.

The employer is obliged to respect the rights of the employee when dismissing him for any of the above reasons. Otherwise, the employee may sue and be reinstated. This will entail the payment of wages for forced absenteeism, the imposition of a fine for non-compliance with the norms of the Labor Code of the Russian Federation, and also, possibly, payment of moral damages to the employee.

How to properly fire an employee

The grounds for termination of an employment contract are provided for in the Labor Code.
One of them is the statement of the employee himself. Also, the initiator of dismissal can be the employer (organization or individual entrepreneur), including in a situation where the employee has committed one or another violation or misconduct. In addition, termination of the employment relationship is possible regardless of the wishes of the parties to the contract - for example, if its validity period expires. Prepare a termination agreement for free using a ready-made template

For each reason, there is a list of steps that the employer must take to ensure that separation from the employee is legal. Let's look at the most common reasons for layoffs.

Rights of an employee during a probationary period upon dismissal

The employer has the right to assign a probationary period to a newly hired employee. The employee has the right, while passing such tests, to resign at his own request. But the employer also has the right to terminate the employment relationship with such an employee. This is possible if the boss is not satisfied with the results of the new hire’s tests. In this case, any comment must be made in writing.

The employee has the right to comply with all norms of the Labor Code of the Russian Federation. If he resigns on his own, the notice period is 3 days. He also has the right to full payment for time worked and compensation for several days of unused vacation. If the initiator of dismissal is the employer, then he must also notify the employee 3 days in advance of the upcoming dismissal. The notification must be in writing. In addition, the employee has the right to know for what reason he is fired during the probationary period. That is, the employer must explain the criteria for assessing the work of this employee and why it was considered unsatisfactory.

Dismissal of an employee at his own request

An employee has the right to demand termination of the employment contract at any time. It is enough to submit an application at least two weeks before the expected date of departure (Article of the Labor Code of the Russian Federation). For some categories of employees, a longer (for example, one month for the head of the organization) or shorter (for example, three days for those on probation) notice period has been established.

But this does not change the essence of the procedure. Dismissal at will does not require the consent of the employer. He is obliged to dismiss the employee after the warning period established by the Labor Code expires (or at an earlier date if the parties have agreed on this).

ATTENTION

There are cases when an employee has the right to receive payment on the exact day he indicated in the application. In particular, retirees and students who resign due to enrollment in an educational organization have this privilege.

Calculate all payments for a dismissed employee in the web service Calculate for free

Does an employer have the right to refuse dismissal?

In Art. 80 of the Labor Code of the Russian Federation states that an employee has the right to resign at his own request, but by warning the employer about this in advance - at least 2 weeks in advance. However, the employer does not have the right to prevent his departure. Every person has such a constitutional right - the right to work. By preventing the dismissal of an employee if the latter has expressed his desire in writing and within the period established by law, the employer violates his right to work.

It’s another matter if the employer refuses to accept the application. Then you need:

• submit your application through the secretary. To do this, you need to prepare 2 copies of the application. On one, which remains with the employee, the secretary must put the number of the incoming document and the date of acceptance;
• send the application by registered mail with notification. When the notification arrives back to the applicant, it will indicate the date of its receipt and the signature of the person who accepted it.

In the application, the employee indicates the date from which he quits. It is from this date that he has the right not to go to work. But provided that he has evidence that the employer has been properly notified - through the secretary or by mail. The employer also does not have the right not to give the employee his work book. This is fraught with unpleasant consequences.

Dismissal at the initiative of the employer

An employer has a much wider range of grounds for terminating an employment relationship. For example, he has the right to dismiss an employee who has not completed the probationary period, violated labor discipline, or submitted false documents during employment.

The reason for dismissal at the initiative of the employer may also be circumstances that do not depend on the behavior of the employee: reduction in the number of employees or staff of the enterprise; Liquidation of company. And it is permissible to dismiss the head of an organization at any time: both on the grounds specified in the employment contract, and without explanation (Article 278 of the Labor Code of the Russian Federation).

Draw up and print out an employment contract and order for free using Form No. 1-T

Next, we’ll talk in more detail about why you can fire an employee, and about cases when an employment contract can be terminated due to circumstances beyond the control of the parties. Each reason has its own procedure.

Normative base

As practice shows, in most cases, employees resign of their own free will. The first part of Article No. 77 of the Labor Code of the Russian Federation allows them to do this. The initiator of termination of the employment relationship, of course, is the subordinate. This form of dismissal is most appropriate when the company does not want to release the specialist by mutual agreement and does not want to pay additional benefits. As mentioned above, an employer cannot force an employee to work, however, Russian labor legislation also provides for the need for two weeks of work.

Dismissal for absenteeism

The Labor Code considers absenteeism a gross disciplinary offense. Its commission allows the employee to be punished by dismissal (subparagraph “a”, paragraph 6, part 1, article of the Labor Code of the Russian Federation). But in order to terminate the contract, a number of actions must be taken.

Let's start with the fact that in most cases, dismissal for absenteeism can only be done within a month from the day the person was absent from work (Part 3 of Article 193 of the Labor Code of the Russian Federation, subparagraph “a” of paragraph 34 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 ; hereinafter - Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2). In this case, you must adhere to the procedure established by the Code for clarifying the circumstances of this offense.

First of all, it is necessary to document absenteeism itself—the employee’s absence from the workplace. In this case, it is advisable not to limit yourself to a mark on the time sheet, but to draw up additional documents: a memo addressed to the head of the company and an employee absence certificate.

Maintain timesheets and calculate salaries in the Vesti web service for free

REFERENCE

Absenteeism is the absence of an employee from the workplace without good reason, not only during the entire shift or day (regardless of their duration), but also for more than 4 hours in a row during the shift (day).

Then you need to ask the person to explain the reasons for his absence. Here you need to take into account the following nuances. If the employee is ready to write an explanatory note, there is no need to draw up a document requesting it. In this case, the very presence of an explanatory note will confirm that it was requested.

If the situation is conflicting or the employee is clearly stalling for time without drawing up an explanation, the request should be made in writing and handed over to the employee for signature. And if you refuse to affix it, prepare a corresponding act. The employee’s refusal to give an explanation is also confirmed by the act.

The truant is given two working days to draw up an explanatory statement (Part 1 of Article 193 of the Labor Code of the Russian Federation). Only those days that are working days for the employee are counted.

Once explanations have been received, it should be assessed whether the reason for the person’s absence from work is valid. The employer has the right to resolve this issue at its own discretion. However, it must be remembered that if the employee does not agree with the dismissal, then the court may have to assess the validity of the reason for absenteeism. Therefore, it is better to immediately interpret any controversial issues in this part in favor of the employee.

ATTENTION

If the reason for absence is recognized as valid or it is decided to limit oneself to a reprimand, the employment relationship with the employee is maintained, but the employer has the right not to pay for the period of absence. This follows from the provisions of Articles 129 and 132 of the Labor Code of the Russian Federation. The explanation is simple - the person did not fulfill his job duties, and there were no legal grounds for maintaining his earnings.

You can issue a dismissal order in the following cases: the reason for absenteeism is obviously unexcused, or the employee refused to give an explanation, and the employer does not have other information confirming that he had good reasons for absence. It must be remembered that dismissal is an extreme measure of punishment. This means that you first need to evaluate the possibility of using other measures: a reprimand or a reprimand. It is necessary to take into account the severity of the offense, the circumstances of its commission, the employee’s previous behavior and his attitude to work (clause 53 of Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2). The reasons indicating the impossibility of applying a more lenient punishment are best reflected in the dismissal order.

Compose and print an order for free using form No. T‑8

IMPORTANT

You cannot fire an employee who is on vacation or on sick leave for absenteeism (Part 6 of Article of the Labor Code of the Russian Federation). In this case, you need to wait until the employee appears at work again. At the same time, these periods are not taken into account when calculating the monthly period allotted for dismissal (Part 3 of Article 193 of the Labor Code of the Russian Federation). But it is prohibited to fire a pregnant woman for absenteeism under any circumstances. Even if the employer did not know about her pregnancy (Article 261 of the Labor Code of the Russian Federation, paragraph 25 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1)

Also see “What to do if an employee disappears” and “Dismissal for absenteeism: how best to formalize it in order to avoid problems with SZV-M and SZV-STAZH”.

Key grounds for dismissal

Termination of an employment contract with an employee can be initiated by both parties to the working relationship; this is regulated by Article No. 77 of the Labor Code of the Russian Federation. The parties can agree and terminate the contract by mutual consent. Dismissal at the will of an employee, as a rule, follows one scenario:

• no one has the right to hold a person against his will in the workplace, therefore, after a maximum of 2 weeks, the employer must release the person from his duties;
• the employer can talk to the person who submitted the resignation letter, try to convince him or her, offer a different salary or additional benefits, but that’s all;
• if the person has not expressed a desire to remain at the enterprise, after fourteen days the employer will settle the employee;
• at the same time, if a person does not sign the order, does not receive a work certificate and goes to work on the fifteenth day, he remains at work (albeit, provided that the company has not yet signed a contract with a new employee for this position).

So everything is simple here. There are many reasons for this, but they all relate to personal circumstances: the person found more favorable working conditions, did not get along with his superiors or team, or was simply tired. Needless to say, there are cases when an employer forces an employee he does not like to resign by threats or persuasion. But these are all particulars.

As a rule, care initiated by the employee is friendly and stress-free.

A more detailed topic is the interruption of working relationships at the initiative of the employer. At the same time, labor legislation provides for a number of grounds that make it possible to cancel contractual obligations with an employee.

Let's figure out what legal ways to fire an employee from work exist, what are the pros and cons for both parties in the possible options.

Thus, there are objective and subjective justifications for dismissal at the initiative of the employer. External grounds independent of a person include the following options, specified in Article No. 81 of the Labor Code of the Russian Federation.

Dismissal upon liquidation

The first reason is the liquidation of the enterprise, closure, bankruptcy of the individual entrepreneur, and, as a consequence, the dissolution of all company employees. In this case, the enterprise is deprived of its legal status and completely ceases to exist without the prospect of continuing its activities. This process of terminating contractual obligations is regulated by Article No. 81 of the Labor Code of the Russian Federation (clause No. 1 of the first part).

Liquidation of a legal entity can be carried out only for three reasons:

• by decision of its owners or founders;
• on the basis of a court decision, recognition that serious violations were committed during the organization or conduct of the LLC’s activities;
• bankruptcy of the enterprise.

But the liquidation of a private enterprise is usually easier; the justifications here are broader, including:

• the entrepreneur himself decided to end his business activities;
• The individual entrepreneur was declared insolvent by the arbitration court;
• expiration of a license for a certain type of activity in which hired workers are involved;
• death of a businessman.

At the same time, the grounds for liquidation of an LLC or individual entrepreneur do not matter when carrying out the procedure for dismissing members of the company; what is important here is the fact of complete cessation of activity. The process of terminating the employment relationship proceeds as usual.

In this scenario, hired employees must be notified in advance (at least 2 months in advance) of the termination of their employment relationship. An employer closing its business must provide additional compensation payments to everyone, which must be accrued in addition to the basic calculations: wages for the period worked in the current month and compensation for unused vacation days. The key preference here is severance pay.

Liquidation is the only option when everyone is fired, regardless of status: pregnant, sick, minors and even union members

Compensation upon liquidation: how much will be paid and when is it due?

The so-called compensation includes the following payments:

1. The first severance pay is the average monthly salary (paid by the employer at the time of final payment and issuance of the labor certificate).
2. If a person cannot find a job within a month after the date of dismissal, he is entitled to another payment in the same amount (average salary for the month).
3. If a dismissed person registers with the Employment Center within two weeks from the date of termination of contractual obligations, and during this period the labor exchange could not find him a job, the compensation payment is extended for another 1 month.

As a result, an employee dismissed due to the liquidation of an enterprise can receive a total of 3 average monthly salaries (severance pay + two salaries after).

To receive compensation, the employee only needs to present to the former employer:

• work book, in which the last entry is dismissal from this company;
• a certificate from the Employment Center, which will confirm when the person registered with the Employment Center.

The nuances with this basis for the employer are that the entire staff can (and should) be fired, including preferential categories of employees. Those who are laid off, in turn, can safely look for work within two months before the termination of the employment contract, as well as 1-2 months after, being financially secure for this period. There is also the fact of additional moral reinforcement upon dismissal under Article No. 81 (clause 1 of the first part) - when applying for another job, you do not need to explain for a long time to the employer the reasons for leaving the previous one.

And keep in mind: in all other cases, it is impossible to legally terminate a contract with an employee who is on vacation or sick leave.

Reduction of staff and numbers

The second basis for dismissal at the initiative of the employer is a reduction in staff and (or) headcount - a topical topic today, when, while optimizing the production process, the number of enterprises is reduced, ineffective workers are fired, and additional functions are assigned to the remaining employees. This may also occur during the closure of certain areas, as well as business restructuring. This process is also regulated by Article No. 81 only by Part No. 2 of the Code.

Labor law standards distinguish between two concepts: staff reduction, when a certain position is simply deleted from the staffing table, and staff reduction, when the organizational structure remains the same, but the number of people is reduced. Often, when downsizing, both the first and second options take place simultaneously: positions are removed, and at the same time the number of personnel is cut.

The process of terminating an employment contract on the basis of Article No. 81 (clause 2 of the first part) is close to the first scenario:

• The employee must be notified 2 months in advance about the upcoming layoff;
• report all dismissals to the Employment Center;
• pay the person the required compensation (1 + 1 + (possibly) 1 average salary).

But there are additional points that need to be taken into account in this case:

• it is necessary to notify the trade union organization (if there is one at the enterprise) in advance about the expected reduction;
• the organization must, through a notification and against signature, offer the employee an alternative position on the staff (even if it is less prestigious, for a lower position and lower paid), and only after refusing the offered job can the dismissal process begin;
• In this case, the personnel officer, director or individual entrepreneur must take into account the so-called pre-emptive right of the employee to retain his position (Article No. 179 of the Labor Code of the Russian Federation), this requirement states that, first of all, employees with lower qualifications and productivity should be subject to layoffs;
• on this basis, there are certain categories of citizens who cannot be dismissed due to staff/number reduction.

Thus, labor legislation prohibits terminating employment relationships:

• with pregnant women and mothers who are caring for a child under three years of age;
• with an employee who is on vacation or sick leave;
• with single mothers (Article No. 261 of the Labor Code of the Russian Federation);
• minors can be laid off only with official permission from the labor inspectorate and the commission for minors (Article No. 270 of the Labor Code of the Russian Federation);
• and the last (special case) - you cannot fire an employee who is part of a group that is preparing a collective agreement.

Please note that in this option there are several categories that do not fall under the two-three month compensation payments (see the chapter on compensation), these include: joining the army, becoming disabled, refusing to move with the employer to another place, refusing transfer to another position assigned to the person for medical reasons, etc. In this case, benefits are paid, but only in the amount of two weeks’ salary.

And please note: if, when reducing the number of employees, the enterprise has positions where part-time workers work, such positions are considered vacant, therefore, the employer is obliged to offer them to people who are subject to reduction. Judicial practice is replete with cases where employees were reinstated for such a reason.

It should be taken into account that with this basis there are “slippery” points for the employer:

• The first thing that needs to be taken into account is that the fact of forced reduction must take place: an order has been issued with justification for the reason;
• confirmation has been received from the trade union;
• a new staffing table has been fixed, etc.

It is worth noting that, as in the case of liquidation of an enterprise, the employer here has the right to terminate the contract before a two-month period from the date of notice of dismissal, if the parties agree on the payment of excess compensation, calculated in proportion to the remaining time. This must be confirmed in writing by the person being dismissed.

Photo gallery: orders when organizing the staff reduction process

The first document for layoffs is an order to carry out the layoff procedure

Another important document - the order to adjust the staffing table is issued in parallel

The following document is notification of employees about the upcoming layoff

Order to terminate the contract with the employee under Article No. 81, clause 2

If a person does not get a job within 1–2 months, an additional order is issued to pay compensation. compensation

The staff reduction can be canceled, but for this you need to issue a separate order and cancel the dismissal procedure

Dismissal upon change of ownership

Another serious reason for dismissing employees is a change in ownership. Dismissal in this case most often concerns management personnel: directors of the company, their deputies, and chief accountant. In this option, despite the comments to Article No. 75, which say that contracts with all other employees cannot be terminated at the will of the employer on this basis, practice shows that, as a rule, this procedure also affects middle managers: departments, divisions, services. In fact, there is usually a complete or partial change in the intermediate composition, but this takes place on completely different procedural grounds.

In the same version of dismissal, the employer-owner changes the management team to especially close trusted representatives, and those dismissed receive increased three to six months' compensation in the amount of the average salary (by agreement with the employer). In this case, the work book records the termination of the contract under Article No. 81 (clause 4 of the first part).

This actually ends the list of objective, independent of a person, reasons for which dismissal may occur. The following reasons can be attributed to the subjective side of the issue, when dismissal depends primarily on the personal qualities or competencies of the employee.

Dismissal is often too emotional, but when making calculations, both the employee and the employer need a cool head

An unpleasant reason for an employee to dismiss is inconsistency

One of the most unattractive reasons for breaking an employment relationship is the inadequacy (full or partial) of an employee for his position, his incompetence in performing his duties (Article No. 81, paragraph 3). Most often, this is confirmed by the results of the certification commission initiated by the employer.

It should be taken into account that labor legislation always sides with the employee if the certification was not carried out at the proper level, especially if it was not carried out at all.

One of the key requirements presented to the organization in this case: as in the case of staff reduction, the employer is obliged to offer the employee another place, as is usually the case - a lower-ranking and/or lower-paid position.

If the contract with the employee was terminated under the third paragraph of part one of Article No. 81, the organization must provide justification and evidence that would indicate that the dismissed person refused to be transferred to another job corresponding to his qualifications. That is, there must be a written refusal of the proposed vacancy.

At the same time, the basis of “inconsistency” is similar to dismissal “due to reduction” in terms of providing a choice to the person with whom the relationship is being terminated. In both cases, if the company does not have a real opportunity to offer an employee any vacant position, this is indicated in a special notice. This is where the employer's responsibility ends.

Another important point in this case is that when terminating an employment relationship due to a discrepancy between the position held and a person who is a member of a trade union, the informed opinion of the primary trade union organization is required.

The reason for removing a person from his position may also be his state of health. It is clear that this method is quite sensitive for the employer and tough on the employee against whom it is directed. Here you need to be especially careful and correct.

It should be noted that by driving a person into a corner upon dismissal under such an article, the employer often provokes the employee to contact supervisory authorities. Therefore, it is recommended to weigh all the points before preparing for some kind of war.

Dismissal “under article” - grounds and nuances

The fifth paragraph of Article No. 81 regulates the dismissal of an employee if he systematically fails to fulfill his official duties. At the same time, the legislator establishes the rule that it is possible to terminate an employment relationship only if the employee has at least 2 disciplinary sanctions. That is, in the case when a person ignores the orders of management and does not fulfill his official duties, the employer has the right to terminate the employment contract on this basis, but only on the condition that a reprimand or other disciplinary sanction was previously applied to the employee.

In this scenario, strict adherence to all formalities is mandatory; for this, the Labor Code of the Russian Federation has a specific article No. 192 - “Disciplinary sanctions”, which include:

• comment;
• rebuke;
• dismissal for appropriate reasons.

To dismiss an employee under such a pretext, it is necessary to create documented prerequisites for terminating the contract. In this case, the enterprise is obliged to collect and provide justifications that would confirm the fact that a person committed an offense. It should be taken into account that such evidence must be “fresh”; the fact of a violation can only be recorded within a month.

Know: the employer has the right to punish financially, reprimand and subsequently dismiss “under the article” even when the person has already written a letter of resignation of his own free will. Since in this option, the employment relationship ends only after two weeks after submitting the application “on your own.” This is what paragraph No. 33 of the decision of the Plenum of the RF Armed Forces No. 2 of March 17, 2004 says.

Let us repeat once again: all similar violations must be documented: an appropriate order must be issued for a reprimand, reprimand, monetary penalty, etc. If documented official claims have not been applied to an employee who violates labor discipline, termination of employment the agreement under the fifth paragraph of part one of Article No. 81 of the Labor Code of the Russian Federation will not be recognized as legitimate.

Know: if an order has been issued against an employee to bring him to disciplinary liability, the next step may be dismissal “under the article”

One of the most obvious grounds for an enterprise to dismiss a person is serious violations of labor discipline by the employee, even one-time violations. There is a whole block of informed decisions on parting with an employee. Legislatively established procedures are prescribed in Article No. 81 of the Labor Code of the Russian Federation, paragraph No. 6:

1. Absenteeism - if an employee is absent from the workplace without a valid reason for more than four hours, he can be immediately dismissed “under the article” (clause 6, subclause “a”). At the same time, the period given to the employer for dismissal under this article is 1 month from the date of its commission.
2. Being at work while intoxicated or under the influence of drugs or other substances. In this case, the dismissal takes place in accordance with subparagraph “b”: if possible, a medical examination is carried out, a report is drawn up and endorsed, etc.
3. In the case when an employee deliberately ignores the rules and regulations of labor protection, which can lead to serious consequences both for the organization and for the lives of colleagues (such offenses are recorded by a special commission on labor protection, which should be in every enterprise with 10 or more people) .
4. An employee can be fired if he discloses a trade secret that he learned while performing his official duties, especially if it caused financial harm to the organization.
5. There are special cases, for example, when a teacher, educator or coach, working with children, commits immoral offenses that are incompatible with his status.

Dismissal “under article” is usually harsh and unexpected for the employee

It is necessary to remember that if, in the course of legal proceedings for the reinstatement of a person fired for absenteeism, and the calculation/collection of the average salary for the period of forced absenteeism, the authority controlling legal disputes determines that the employer violated the procedure for the official dismissal of a absenteeism, the company will have to pay for everything time of “forced” absenteeism determined by the court.

The next block, when the employer is forced to fire employees, is the commission of intentional criminal actions by the employee against the employer:

• embezzlement of funds, damage to the property of the enterprise and theft at the company - those actions that entail damage to the company;
• loss of trust (clause 7 of the first part of Article No. 81) - this point concerns persons who caused or could cause damage to the employer while in certain positions that imply material liability;
• Another point on which you can terminate a contract with an employee is providing false information about yourself or submitting fictitious documents during employment.

You need to understand that dismissal due to theft or embezzlement (including minor and insignificant for the enterprise) is recognized as legal only when a court decision comes into force or an appropriate resolution is issued by the body authorized to deal with cases of administrative offenses. Therefore, for example, having in hand an act of private security that recorded the fact of theft, it will not be possible to justify the legitimacy of the decision to dismiss the employee who committed misconduct, since this service does not have the right to apply administrative penalties.

At the same time, a person who has stolen or encroached not only on the organization’s property, but also on the property of colleagues or clients can be fired “under the article” of subparagraph “d” of the sixth paragraph of part one of Article No. 81. To terminate employment obligations in this option, the employer is given 1 month from the date of the court decision.

Popularly, the above subjective variations of dismissal are called “under article”, which during subsequent employment can greatly affect both salary and job responsibilities. And often people with similar marks on their employment records are simply not hired.

Video: dismissal “under article”

Dismissal for violation of labor discipline

This is possible if the employee has an outstanding reprimand or reprimand. If such an employee commits a repeated offense, the employment contract with him can be terminated (clause 5, part 1, article of the Labor Code of the Russian Federation). But only if no more than a month has passed since the violation of labor discipline, and a more lenient punishment than dismissal cannot be applied to the employee.

REFERENCE

Disciplinary punishment (reprimand or reprimand) is automatically lifted after one year, if the employee has not been punished again during this period. No administrative document is needed. At the same time, the employer has the right to issue an order or instruction on the early removal of punishment (Article 194 of the Labor Code of the Russian Federation).

The dismissal procedure in this case is similar to the dismissal procedure for absenteeism. That is, it is necessary to comply with the procedure and deadlines provided for in Article 193 of the Labor Code of the Russian Federation. So, first you need to record the disciplinary offense itself. This is recognized as failure to fulfill or improper performance by an employee of his duties (Article 192 of the Labor Code of the Russian Federation).

These responsibilities can be established in an employment contract, job description, or local regulations, which the employee is familiar with by signature. And some are enshrined directly in the Labor Code (for example, Article 214 of the Labor Code of the Russian Federation stipulates the responsibilities of an employee in the field of labor protection).

Thus, a violation of discipline will be the employee committing actions that are prohibited by the employment contract, job description, local regulations or the Code. Or failure to perform actions that the employee is obliged to perform by virtue of the listed documents. In particular, systematic lateness to work (early leaving) or refusal to go on a business trip are violations of labor discipline.

Violation of discipline can be recorded by various documents: a memorandum, an act, a time sheet, etc. Next, as in the case of absenteeism, it is necessary to obtain an explanation from the employee of the reasons for the misconduct and resolve the issue of their validity. Then, taking into account all the circumstances of the case, as well as the employee’s previous behavior and attitude to work, a decision on punishment must be made. If it is impossible to apply a reprimand, including a repeated one, you can terminate the contract.

Protecting the rights of employees upon dismissal, where to go

If an employee believes that his employer violated his rights when dismissing him, he has the right to protection. He can contact:

• to the trade union organization, if there is one at the enterprise. But this must be done until he is fired;
• to the labor inspectorate. You can write a written appeal, describing in it the essence of the violations. Based on the complaint, an investigation will be carried out, evidence of the employer’s guilt or evidence of the absence of violations will be collected. The employee will be notified of the results in writing. If violations are found, the employer will be held accountable. Application period: 1 month from the date of dismissal;
• to the prosecutor's office. You can also write a request. This can be done in parallel with filing a complaint with the labor inspectorate, or if the inspectors did not find any violations, and the employee believes that his rights were violated;
• to court. The deadline for going to court is also 1 month from the date of illegal dismissal. But the downside is that the employee will have to independently collect evidence of the employer’s violation of his rights.

The right to work is guaranteed by the Constitution of the Russian Federation. If the employer violates this right, the employee can apply for protection of his rights to the state body that supervises the implementation of the norms of the Labor Code of the Russian Federation. Such a body is the labor inspectorate. If the employee is not satisfied with the decision of the inspectors, he can go to court.

Reduction in the number of employees

Dismissal “due to reduction” (Clause 2, Part 1, Article of the Labor Code of the Russian Federation) is currently used quite often. As a rule, the reason for downsizing is a reduction in the volume of work (optimization of the number of employees), and for staff reduction - a change in the type of activity (dismissal of all employees who held the relevant positions). There are no fundamental differences in the procedures for dismissal on these grounds.

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The decision on the need for layoffs is made exclusively by the employer (Part 1 of Article of the Labor Code of the Russian Federation, Clause 10 of Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2, determination of the Constitutional Court of the Russian Federation dated July 15, 2008 No. 413-O-O). However, he must be ready to justify the feasibility of this measure (determination of the RF Armed Forces dated December 3, 2007 No. 19-B07-34).

Under no circumstances can you be fired “due to reduction” (Article 261 of the Labor Code of the Russian Federation, Article of the Federal Law of June 12, 2002 No. 67-FZ):

• pregnant women;
• women with a child under three years of age;
• single mothers raising a disabled child under the age of 18 or a child under the age of 14;
• workers raising a motherless child under 14 years of age (disabled child under 18 years of age);
• the sole breadwinners of a disabled child under the age of 18 or a child under the age of three in a family where there are three or more young children, if the second parent (legal representative) does not work;
• an employee who is a voting member of the election commission - until the end of his term of office;
• an employee who is a member of the election commission with the right to an advisory vote - during the election campaign.

Next, you need to determine which of the remaining employees has a priority right to keep their jobs. According to Article 179 of the Labor Code of the Russian Federation, the employer is obliged to retain those who have higher labor productivity and qualifications. And with equal productivity and qualifications, the following persons have protection from reduction:

• family workers with at least two dependents;
• the only breadwinners in the family;
• employees who received work-related injuries and occupational diseases during work;
• employees aimed at improving their skills without interruption from work;
• disabled people of the Second World War and combat operations to defend the Fatherland;
• other employees who are granted such a right by the collective agreement.

Even with a small staff, downsizing involves significant paperwork. First, you will have to determine those who cannot be fired on this basis at all (and for this, you may need to request additional documents from employees). Then, collect data on the productivity and qualifications of other employees. Analyze this information and distribute employees to the appropriate levels. Within each level, select groups of beneficiaries. Then identify those who will remain working and those who will have to say goodbye.

The latter must be given notice of the upcoming dismissal “due to reduction”. The date of termination of the contract indicated therein should not be earlier than 2 months. The notification must also be sent to the employment service authorities.

IMPORTANT

Data about each laid-off employee is transmitted to the employment service, in particular, about his position, profession, specialty and qualification requirements (clause 2 of article 25 of the Law of the Russian Federation of April 19, 1991 No. 1032-1). In 2021, employers were required to post this information in the all-Russian vacancy database “Work in Russia” (clauses 1 and 4 of Decree of the Government of the Russian Federation dated April 12, 2020 No. 486). It is expected that this duty will be extended into 2021. For more information about the “Work in Russia” service, see “The transition to electronic personnel documents and the “Work in Russia” service: what employers need to know.”

Order an electronic signature to use the “Work in Russia” service Receive in an hour

All layoffs must be offered available vacant positions - both those corresponding to their specialties and qualifications, as well as lower-ranking or lower-paid ones. The main thing is that they are suitable for the employee due to health reasons, and the place of work is in the same area (the possibility of transfer to another area must be agreed upon in advance in a collective or employment agreement). If new vacancies become available during the two-month notice period, they must be offered to redundancy candidates first. And only then can you replace them with new people.

Although the Labor Code does not require confirmation that laid-off employees have been offered vacancies, it is better to issue notifications and hand them to employees against signature. And if you refuse to sign, draw up an act.

ATTENTION

Employees who are on sick leave or on vacation can also be fired “due to reduction.” But only after the period of rest or temporary disability ends.

Also see “Payments when laying off an employee in 2021” and “How, according to the new rules, to pay compensation when reducing staff or liquidating a company.”

What rights does the employee have?

A citizen who leaves his main place of employment can insist on respect for his freedoms, rights and guarantees. This concerns payment for his work, the legal period of work, obtaining personal documents and other nuances.

If you resign of your own free will

If a specialist independently wishes to terminate cooperation with the employer, then the basis for termination of the contract is a statement from the employee. The head of the enterprise must take into account the provisions of Art. 80 TK.

If a citizen does not want to work in a company, then the director cannot force him to continue working in any way.

If a specialist wishes to resign, then he draws up a free-form application, which is submitted to the director. Next, you need to work for 14 days, during which a search for a new employee is carried out, and the cases are transferred to the hired citizen. The terms of service may be reduced for the following reasons:

• if a citizen has reached retirement age and also wants to retire, then he does not need to work 14 days;
• three days are offered to persons who leave seasonal work or after a probationary period, and this also applies to employees with whom a fixed-term contract has been signed for a period of up to two months;
• work for one month is assigned to directors;
• the period can reach 4 months for athletes and coaches.

The day of application is not included in the working period. If a person refuses to perform labor duties after submitting an application, then these actions are qualified as absenteeism, so the citizen is dismissed under the article. It is allowed to withdraw the application before the last day of work and remain in the company if a replacement has not yet been found.

Get a wage

For the entire period worked under Art. 84.1 Labor Code a specialist receives a correctly calculated salary. Even if a citizen is fired for absenteeism, he still receives earnings for the work performed. The employer's obligations include payment for the entire period of work.

When calculating the payment, the following factors are taken into account:

• salaries are calculated in a standard way, so all previously assigned bonuses and allowances are taken into account;
• the entire amount is given to the dismissed specialist on the last day of work;
• To understand the rules for calculating wages, you can request a payslip containing information about the amount of earnings and withheld personal income tax.

Reference! For delaying wages, the employer faces not only administrative and financial liability, but also criminal liability.

Severance pay

It is paid to employees on the basis of Art. 178 TK. The specifics of transferring severance pay include:

• it is paid only to persons who were laid off or dismissed during the liquidation of the organization;
• the benefit is represented by the employee’s average monthly earnings;
• payment for 2 weeks is paid if a citizen quits due to a change in the terms of the employment contract, deterioration of health, inability to move or conscription into the army;
• if a fixed-term contract has been drawn up with an employee for a period of up to two months, then severance pay is not assigned;
• the employer may pay funds under other circumstances, which are specified in the internal regulatory documentation of the company.

No benefits are provided if the employer is represented by an individual entrepreneur.

Vacation compensation

According to Art. 127 of the Labor Code, citizens who leave the company can count on vacation compensation if they did not take advantage of the remaining days of rest. During the calculation, all days accumulated over the total period of work of the specialist are taken into account. The head of the company is obliged to pay this money regardless of the reason for termination of the contract.

Compensation is paid along with salary, and it is recommended to independently determine the number of vacation days and calculate earnings. If an accountant makes a mistake or deliberately does not pay funds, then to protect your rights you can file a complaint with the labor inspectorate and the prosecutor's office.

Sequence of dismissal

If a company plans to make redundancies, the employer must remember the order of dismissal. For this, the following nuances are taken into account:

• specialists with less qualifications and low labor productivity are the first to be laid off;
• when compiling a list of employees who will be laid off, the results of qualifying exams and the education of citizens are taken into account, as well as the indicators achieved by employees for a specific period of time;
• Some citizens have a preferential right to remain at work, and these include single parents, parents of disabled children, sole breadwinners in the family, and people with occupational injuries or illnesses.

Disabled war veterans, heroes of the Russian Federation and the USSR, victims of the Chernobyl accident, as well as specialist inventors also have priority rights.

Compensation for early termination of contract

Based on Art. 180 of the Labor Code, the employer is obliged to notify the employee of reduction or forced dismissal in advance. Notification in writing is sent to specialists 2 months in advance, and during this period citizens receive a salary. If the head of the company violates this legal requirement, then employees may demand compensation. It is equal to the average earnings for the number of days remaining until the correct date of termination of the contract.

To exercise this right, employees must keep track of the date they received notice of layoff or layoff. Such a notification is generated only in writing, and it is necessary to resign 2 months after receiving the document, so oral agreements do not have legal force.

Important! If the director proposes to resign early, then compensation can be demanded.

Timely receipt of personal documentation

The head of the enterprise is obliged to issue various documents to the dismissed employee on the last day of work. This right of specialists is given in Art. 140 TK. These documents include a work book, which contains information about all places of employment of a citizen. It is important to review the contents of this document as there may not be any incorrect wording or errors. Be sure to put the date and item number next to each mark, and also leave a link to the TC article.

If the director does not submit the documentation in a timely manner, then you can demand financial compensation, since a citizen cannot get a new job without a book, so for each day of delay a fee equal to the average daily earnings is charged.

According to Art. 84.1 of the Labor Code, an employee has the right to demand from the former director a certificate of income and other documents related to his work activities. For this purpose, a free-form application is generated. You can request a copy of the order for hiring or transfer to a new position, as well as information about the amount of average earnings.

The employer is required to provide even a copy of the employment contract. All documents must be properly certified, and if the manager refuses to issue papers, then he will have to pay a large fine under Art. 5.39 and 5.27 Code of Administrative Offences.

Dismissal upon expiration of the employment contract

The expiration of the period for which the employment contract was drawn up gives the employer the right to dismiss the employee (Clause 2, Part 1, Article of the Labor Code of the Russian Federation). But there is an important nuance: dismissal will not happen automatically. If the employment relationship continues after the period specified in the contract, it will be transformed into an unlimited term (Part 4 of Article of the Labor Code of the Russian Federation). Then dismissal on this basis will become impossible.

ATTENTION

Termination of the contract should be formalized on the very day when its validity period expires, even if this day is a weekend (appeal rulings of the Moscow City Court dated January 24, 2020 in case No. 33-7835/2020, 2-1694/2019 and the Krasnoyarsk Regional Court dated 08/12/15 in case No. 33-8661/15)

Preparations for the dismissal of a conscript must begin at least three calendar days before the date of separation. It is during this period that a notice of termination of the employment contract should be given (sent) to him. The only case when this is not required is the dismissal of a temporary employee who performed the duties of an absent employee (Part 1 of Article of the Labor Code of the Russian Federation). A link to the notice details (date and number) will need to be given in the dismissal order.

IMPORTANT

Leave, including for child care, or illness of a temporary employee is not an obstacle to his dismissal due to the end of the contract.

There are specifics to the dismissal of pregnant conscripts, including those who are already on maternity leave. Thus, the employer must extend the employment contract with such an employee until the end of pregnancy (maternity leave), if there is an application accompanied by a medical certificate of pregnancy (Part 2 of Article 261 of the Labor Code of the Russian Federation). Accordingly, if a pregnant employee has not submitted these documents, then her dismissal upon expiration of the contract will be legal.

The second feature concerns the dismissal of a pregnant woman at the end of the contract, which was signed during the absence of the main employee. Such an agreement can be terminated provided that the pregnant conscript refuses the proposed transfer to another job, or there are no vacancies in the company at all (Part 3 of Article 261 of the Labor Code of the Russian Federation).

The dismissal order must be issued on the last day of the employment contract. This also applies to “conscripts” hired during the absence of the main employee - the dismissal order is drawn up on the day the permanent employee leaves.

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:

Dismissal due to health reasons

This is possible in two cases. The first is that the medical commission recognized the employee as completely disabled (clause 5, part 1, article of the Labor Code of the Russian Federation). The basis for dismissal will be a medical document that states a 100% loss of the ability to work. An order to terminate the contract must be issued immediately after the employee submits a medical report. The day of dismissal will be the last day on which the employee actually worked (Article 84.1 of the Labor Code of the Russian Federation).

The second case is that, in accordance with a medical report, the employee cannot perform his current job (a transfer to another is required), but he refused to change jobs, or the company does not have suitable vacancies (Clause 8, Part 1, Article of the Labor Code of the Russian Federation). There is a nuance here. Dismissal on this basis is possible if, based on a medical report, the employee needs to be transferred for a period of more than four months. If the rehabilitation (habilitation) program is set for a shorter period, and there is no possibility of transfer, then the employee should simply be suspended from work (Part 1 of Art., Part 2 of Article 212 of the Labor Code of the Russian Federation). But you can't fire him.

IMPORTANT

The four-month rule does not apply to the head of the organization, his deputies, or the chief accountant. They can be dismissed “for health reasons” even if, according to a medical report, the transfer is required for a period of less than four months (Part 4 of Article of the Labor Code of the Russian Federation).

After the employee has brought a medical report, from which it follows that he cannot perform current duties, he should be suspended from work (Part 1 of Article of the Labor Code of the Russian Federation). Next, you need to offer another job that is suitable for medical reasons, or notify about its absence. The Code does not establish the period and procedure for such notification. It is better to do this immediately and in writing. The dismissal order must be issued on the day the employee became familiar with the notice of the absence of a suitable vacancy, or an act of refusal to familiarize was drawn up. If there is such a job, but the employee does not want to transfer, the dismissal order should be issued on the day a written refusal to transfer is received.

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:

Dismissal for inadequacy of the position held

Termination of the contract due to inconsistency with the position held or the work performed (clause 3, part 1, article of the Labor Code of the Russian Federation) is possible if two conditions are met. First, the employee’s non-compliance is confirmed by a conclusion issued based on the results of certification. Secondly, the employee refused to be transferred to a job suitable for his health (including a lower-ranking and lower-paid one), or the company does not have such a vacancy.

But even if these conditions are met, it will not be possible to fire pregnant women and women with a child under 3 years of age “for unsuitability.” Also, single mothers raising a child under the age of 14 (a disabled child under the age of 18), and other persons raising such children without a mother, are not subject to dismissal on this basis. And equally, they are the sole breadwinners of a disabled child under the age of 18 or a child under the age of three in a family where there are three or more young children, if the second parent (legal representative) does not work (Article 261 of the Labor Code of the Russian Federation). The guarantees mentioned above for members of election commissions also apply (Article Law No. 67-FZ).

It is also impossible to part ways “due to inconsistency” with young employees who do not have the necessary production experience due to their short work experience. This is reported in the report of Rostrud. And it is permissible to dismiss on this basis those who are on vacation or sick leave only at the end of the relevant period (subject to the conditions listed above).

REFERENCE

Non-budgetary sector organizations, as a rule, independently develop and establish the procedure for conducting employee certification (Part 2 of Article of the Labor Code of the Russian Federation). It is also possible to send employees for an independent assessment of qualifications (letter of the Ministry of Labor dated September 18, 2019 No. 14-3/B-742).

The Labor Code does not establish a deadline for the dismissal of an employee who has not passed the certification. But it is in the employer’s interests to do this faster - on the day when the employee refused to be transferred to another job (has read the notice about the absence of a suitable vacancy).

Employer's liability

In case of failure by the employer to comply with its obligations related to the payment of wages (including calculations), both administrative and criminal liability are provided - these provisions are regulated by Part 1 and Part 4 of Art. 5.27 Code of Administrative Offenses of the Russian Federation, as well as Art. 145.1 of the Criminal Code of the Russian Federation (depending on the circumstances).

To bring the employer to administrative liability, the employee must submit an application to the labor inspectorate, and to the criminal inspectorate - to the police department (you can also duplicate the application to the prosecutor's office of the district in whose territory the employer is located).

Dismissal for loss of confidence

This is a special basis for terminating a contract with an employee who directly services monetary or commodity assets, that is, receives, stores, transports, distributes them (clause 7, part 1, article of the Labor Code of the Russian Federation, clause 45 of the resolution of the Plenum of the Armed Forces of the Russian Federation No. 2) . At the same time, the corresponding responsibilities must be documented - in an employment contract, job description, agreement on full financial responsibility, etc.

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A loss of trust can be indicated by guilty actions (cheating, weighing, fraud, etc.) committed by an employee both at the place of work and outside of it. It does not matter whether these offenses were related to the performance of labor duties or not (clauses 45 and 47 of the resolution of the Plenum of the RF Armed Forces No. 2). However, the employer must have documents that confirm not only the action itself, but also the employee’s guilt. These documents must be referred to in the dismissal order.

The specific procedure for dismissal depends on the circumstances of the case. So, if these actions were committed while performing job duties, then dismissal will be a measure of punishment for a disciplinary offense. This means that the employer must comply with the procedure and deadlines for bringing to responsibility. It is necessary to record the misconduct itself, obtain an explanation, assess the validity of the reason for the misconduct and make a decision taking into account all the circumstances of the case, the personality of the employee and his attitude to work (Articles 192, 193 of the Labor Code of the Russian Federation).

In other cases, dismissal can be carried out without additional procedures - on the basis of documents confirming the employee’s guilt. But here, too, there is a time frame: an order for dismissal for actions that were committed outside the place of work or at the place of work, but not in connection with the performance of job duties, can be issued no later than one year from the day the offense was discovered (clause 47 of the resolution Plenum of the Armed Forces of the Russian Federation No. 2).

Procedure for registering dismissal

Termination of employment relations is formalized by order of the employer. This document is usually called an “order of dismissal from position.”

The employee must be familiarized with this document upon signature. If necessary, he may demand that a copy be given to him (it must be properly certified). If for some reason the employee cannot (or does not want) to put his signature on the order, then the employer records this.

The day of termination of the employment contract is usually considered the employee’s last work shift.

On this day, the employer is obliged to issue the resigning person not only a work book (containing the necessary entry in these cases), but also to make all payments to him, namely:

• compensation for unused vacation;
• accrued salary.

If the manager does not make all the necessary payments to the employee within the period established by law, the latter has the right to contact the labor inspectorate with a statement about the fact of violation of his rights, and the responsible persons will be punished in accordance with the sanctions of the articles under which they will be prosecuted.

What guarantees does the employee have?

The Labor Code of the Russian Federation provides for a number of guarantees that are defended in court. The employer and officials must take them into account when dismissing an employee. Employees are guaranteed:

• The right to appeal to higher authorities to resolve labor disputes in case of violation of the law by the employer or unjustified dismissal (Article 352 of the Labor Code of the Russian Federation).
• The right to be notified of layoffs at least 2 months in advance. (Article 180, 181.1 of the Labor Code of the Russian Federation) with compensation in the amount of a monthly salary (Article 178 of the Labor Code of the Russian Federation).
• Retention in position during pregnancy, in the presence of a child under 3 years old, 14 years old (single mothers), 18 years old (disabled children) - Art. 261 Labor Code of the Russian Federation.
• Severance pay from the employer for 2 months. in the absence of jobs in the specialty at the labor exchange. Starting from the third (fourth) month, the employee receives unemployment benefits (Articles 178, 307, 315, 318 of the Labor Code of the Russian Federation).
• Reinstatement if fired during vacation or sick leave without an application from the employee himself (Articles 394–395 of the Labor Code of the Russian Federation).

Article 315 of the Labor Code of the Russian Federation. Salary

Remuneration for labor in the regions of the Far North and equivalent areas is carried out using regional coefficients and percentage increases in wages.

If the rights of the dismissed employee are not respected, he can sue the employer.

Registration of accruals and settlements with employees

The employee needs to calculate his salary on the day of dismissal (part 4 of article 84.1, part 1 of article 140 of the Labor Code of the Russian Federation). The composition of the payments included in it is influenced by the type of dismissal and local acts of the company. It may change for each specific case .

Salaries are calculated on the basis of data from time sheets, piecework orders, shift assignments, reports on achieving bonus indicators, and orders from the manager to assign additional payments.

Calculations are drawn up in the form of a calculation note, for which there is no approved unified form. In practice, companies use form No. T-61, approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1. Although it is not legally prohibited to use the form of your own design. It states:

• name of company;
• Full name, position, department of the person being dismissed;
• details of the employment contract to be terminated;
• date of dismissal;
• grounds for dismissal;
• number of days of unused vacation;
• salary amount to calculate average daily earnings for vacation compensation;
• average daily earnings and total amount of compensation for vacation;
• composition and amount of accruals due to the employee;
• composition and amount of deductions (if any);
• the total amount to be paid.

At request , he must be provided with a copy of the calculation note .

All amounts are paid on last working day.

Other nuances

During sick leave

An employee while on sick leave can also submit a letter of resignation by notifying the employer 14 days in advance. If they have already written this document and submitted it to the employer, there is no need to draw up a new one.

The period of being on sick leave is included in the period of service - thus the date of dismissal does not shift. The employer, in turn, does not have the right, on his own initiative, to force the employee to work this period after recovery.

During probationary period

If a person who wants to quit is on a probationary period, then the period of work for him will be 3 days .
The employee must notify the employer of his intention in writing also 3 days in advance . In this case, the manager has no right to insist on increasing the term.

Financially responsible person

If the person who leaves the company is financially responsible, there are a number of features:

• The employer has the right to require an inventory to be taken. It cannot be deliberately delayed - it should not exceed the working period, which is calculated according to the general rules.
• In addition to taking inventory, the employee is obliged to transfer all valuables in his possession for official reasons to another financially responsible employee. For these purposes, an act is drawn up in which everyone who was present at the transfer procedure is signed. The document must also be signed by the head of the organization.

In addition to the above points, the procedure for dismissing a financially responsible person is no different.

Pensioner

First of all, you should know that retirement age cannot be a reason for dismissal at the initiative of the employer . If the employee decides to leave of his own free will, the procedure is slightly different:

• A pensioner can leave without working if his dismissal is due to health reasons.
• A pensioner works the required 14 days if he already has a note “in connection with retirement” in his work record.

Chief accountant

Upon dismissal, the chief accountant is obliged to transfer all matters in accordance with the act. This procedure is also accompanied by a mandatory check of the status of all documents and reports submitted to them.

The terms of work remain unchanged - they are also 14 days.

General Director of LLC

The decision to appoint or dismiss a director is made by the general meeting of founders. If the director wants to leave, he must first notify (at least 1 month in advance) the general meeting of the legal entity in writing, to which the application itself must be attached.

These documents are sent by registered mail with notification and inventory. After which a meeting is organized, and the dismissal procedure itself is carried out with the issuance of a work book.

Documents to be processed

In case of dismissal, the employee must be given a package of documentation consisting of:

• A work book with an entry made in it. The employee signs about its receipt in a special journal, as well as in a personal card. Personal cards of employees, like work books, are usually stored in the personnel department and filled out by authorized specialists.
• Certificates of salary for the last three years.
• Certificate 2-NDFL for the current year.
• Information on the amount of payments and other remuneration and the insurance period of the insured person.

In addition, upon written application from the employee, he will need to be issued other documents related to his professional activities.