We draw up a dismissal order (form, form, sample)

Reasons for terminating employment contracts

Employees decide to leave their jobs for various reasons. But all the diversity of their everyday situations can be reduced to ten articles of Chapter 13 of the Labor Code of the Russian Federation. According to its provisions, the grounds for terminating a contract with an employee are as follows:

• agreement of the parties (voluntary and mutually beneficial) – Article 78;
• expiration of the contract – Article 79;
• the desire of the worker - Art. 80;
• on the basis of transfer to another company or to an elected position;
• refusal to continue work due to a change of business owner (Article 75), significant changes in working conditions (Article 76);
• medical indications (progressive chronic disease, disability, information is presented in the form of certificates) – Article 73;
• initiative of the employer (liquidation of business, reduction of personnel, guilty actions of a hard worker) – Article 71 and;
• circumstances beyond the control of the parties (natural disaster, man-made disaster, making continuation of work impossible) – Article 83;
• violation of the rules for concluding an agreement in relation to employees (if it interferes with the full performance of duties) – Article 84.

The above list is closed, therefore the order to terminate an employment contract as a basis for dismissing employees must contain one of the reasons mentioned above. It is prohibited to refer to several articles of the Labor Code of the Russian Federation in this document.

Procedural difficulties in completing an order

When an order is drawn up, it is signed after the expiration of a two-week work period or another period agreed upon between the employer and employee. Voluntary dismissal is not necessarily due to the employee's exceptional choice.

Formally, dismissal under Art. 80 may be due to pressure from the head of the enterprise or other authorized persons.

An unscrupulous employer who wants to reduce staff without advance warning to specialists and paying them severance pay in the amount of three months’ salary can force workers to resign. In such a situation, the employee has the right to refuse to resign of his own free will.

The procedure for issuing an order is standard and does not require significant costs from the employer. A problem may arise if the official authorized to issue the order, for some reason, cannot be present at the workplace and complete the documentation.

Then another specialist can do this, or the employment contract with the company will have to be terminated by force in court.

Date indicated in the order

To find out what date the order should be, you need to take into account that, as a general rule, you need to notify about leaving two weeks before the actual cessation of work. During this period, the employee must provide the required application. Non-working days and holidays are also included in the two-week period.

How to issue an order - the document is prepared by a specialist from the HR department. He also agrees on the signature date and essential terms of the document with the head of the enterprise.

Dismissal order and civil contract

The documents have different legal content. An order is a normative document that is issued on the basis of an application and an employment contract, i.e.

information confirming that labor relations have been established between the employer and employee. A civil contract is a private transaction and does not provide for labor relations.

Under the contract, the contractor can provide contract services and perform work for a fee. Termination of a civil contract is a complex process.

It provides for the possibility of termination by agreement, unilaterally, with reimbursement of costs and expenses by the parties. Civil contracts are often terminated in court, including in arbitration.

To issue a dismissal order, the presence of debt or the fact of conscientious fulfillment of obligations does not matter.

Statutes of limitation are also established for the employee. A one-month period from the date of dismissal is provided for reinstatement at work.

Three-month period – for other labor disputes. An employee may receive arrears of wages and other payments within a year from the date such payments were due.

Controversial situations related to the termination of an employment contract should be resolved with the participation of a qualified lawyer.

There are several ways to dismiss an employee from an organization. We previously wrote about how to fire:

Is a bypass sheet required?

From the point of view of the Labor Code of the Russian Federation, signing a bypass sheet recording the absence of financial and other claims against the person resigning is not necessary. But in many organizations, especially large ones, it is customary for an employee to pay a visit to the heads of departments and collect their signatures on a document before leaving.

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The employee’s immediate supervisor is the last person to sign on the walk-through sheet. The presence of his visa means that the dismissed person handed over the inventory items registered with him, paid off his obligations to the company and duly transferred all information and files. After this, you can submit to him for review the order of dismissal at your own request.

How to write an order?

Regardless of whether the T-8 form is used or its analogue, approved by order or other local act of the head of the enterprise, the order regarding dismissal at the initiative of the employee must contain a number of mandatory points. You can download its template and example of filling it out below.

What information should be included?

The document must include the following information:

1. Registration data of this document in accordance with the current office rules of the enterprise. At a minimum, the date on which the paper was signed must be indicated. In addition to the date, the registration number may also be indicated.
2. Data about the resigning employee - full name, personnel number, position, division in the internal structure of the enterprise in which he worked.
3. Grounds for termination of an employment contract.
4. Information about the official who signed the document. At a minimum, the full name of the head of the enterprise or other person who, in accordance with the law and internal regulations of the enterprise, has the right to sign the relevant documentation must be indicated.
5. The date on which the order comes into force.
6. A note from the dismissed employee that he is familiar with why and on what grounds he is being dismissed.

Important! This is just a necessary list. The internal regulations of an enterprise may also provide for other information that must be reflected in the order.

How are the grounds formulated?

With regard to exactly how the basis for dismissal at the employee’s own request should be formulated, the manager and personnel services should be guided by the rules of the Labor Code of the Russian Federation. And the entry in the document must be drawn up in accordance with these standards.

Thus, if the employee himself wanted to resign, the order should indicate something like the following: “Own desire, clause 3, part 1, art. 77 of the Labor Code of the Russian Federation.” It should be noted that according to the rules, the name of the code is written in full, without abbreviations - and abbreviations such as “Labor Code of the Russian Federation” are unacceptable.

In general, you need to be guided by the rules regarding filling out work records on dismissal. The contents of the document (regardless of whether the T-8 form or its analogue approved on a specific order is used) must repeat the entry that will be made in the work book. If necessary, the employee has the right to obtain in court the correct entries both in the order and in the book.

Do I need to put a stamp?

The organization's seal itself must be affixed. However, the legislation does not prohibit certifying such documents with a seal or a special stamp approved by a local act at the enterprise.

However, it makes sense to put a stamp in cases where:

• This rule is approved by a local act in force at the enterprise.
• A copy must be presented to another authority (Pension Fund, Employment Service, etc.).

In other cases, the absence of a seal imprint will not be considered a violation of the law. However, his presence will also not be illegal.

Familiarization of the employee with the document

The norms of the Labor Code of the Russian Federation require that an employee familiarize himself with all personnel orders relating to him, against a signature. It's his right. Putting a date and a handwritten signature on the order after reading it means that the employee has carefully studied the document and has no objections to the content.

Sometimes an employee who leaves the organization against his own free will, for example, due to disagreements with management, refuses to sign the order. This is also his right. But in such a situation, the HR specialist is obliged to invite at least two witnesses and read out the contents of the document in their presence. After this, an act of refusal to sign is drawn up, which is stored in the employee’s personal file along with the order.

The absence of an act gives the dismissed person a reason to contact the labor inspectorate with a complaint about the arbitrariness of the company. If the inspectors see violations in the actions of the personnel officer, the order will be canceled, and the employee will be reinstated in his position with payment of salary for all days of forced absence.

How can I cancel this document?

In some cases, an employee may change his mind about quitting and withdraw his application. If the order for his dismissal has already been issued, then the employer will need to cancel its action.

For this purpose another order is issued. Which states the requirement to cancel the dismissal order, indicates the number and date of the paper being canceled, as well as the grounds for cancellation.

Form of order for dismissal of employees

Usually orders are issued according to prescribed forms. Termination of an employment contract must be formalized using a unified document. For this purpose, by order, the T-8 form is used. Some personnel officers mistakenly believe that the use of this form is not necessary, since the corresponding order became invalid back in 2013 and is no longer used.

Fact

The dismissal order can be found here.

In principle, each organization has the right to develop its own version of the dismissal order, approve it by internal regulations and use such orders in everyday business. The main thing is that they comply with the requirements of Article 9 of Law No. 402-FZ. However, there is no need for such actions, since the T-8 form contains all the necessary fields to record the specifics of termination of a working relationship with a specific employee.

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If you still decide to use your own form, then it must contain:

• Company name;
• Full name and position of the person being dismissed;
• grounds for terminating the contract;
• date of document preparation;
• executive visa;
• the employee’s signature indicating agreement with the contents of the order (he must be familiarized with the order).
• seal of the organization in the order (optional).

The content of the “dismissal” order must necessarily be based on a written statement from the employee who wishes to terminate the employment relationship with the employer. Therefore, the personnel officer must link the reason indicated in the application with the list of reasons for terminating the working relationship provided for by the code. Therefore, the basis for resigning of your own free will must be formulated in the order in accordance with one of the articles of Chapter 13 of the Labor Code of the Russian Federation.

Is it necessary to use the T-8 form?

Form T-8 was approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1, along with form T-8a. The differences between these two documents are that the T-8 form is filled out when terminating an employment contract with one employee, and T-8a is drawn up when terminating employment contracts with a group of employees of the enterprise.

From January 1, 2013, in connection with the adoption of the Law on Accounting N 402-FZ, the established forms of accounting documents ceased to be mandatory for use. Managers have the right to develop and approve by local acts accounting documentation forms, including the dismissal order 2021. For their own forms, it is enough that they follow the established rules:

• contained the date, number and name;
• name of the organization;
• document type;
• recorded the fact of economic life;
• included the positions and names of responsible participants and their signatures.

The use of unified forms remains mandatory only for those business entities that are prescribed this by a separate federal law. For most Russian employers, issuing an order in the T-8 form is voluntary, but the accounting form developed by Goskomstat meets all the requirements for primary accounting documents and continues to be traditionally used in personnel records management.

Issuance of an order

In most organizations, an order to terminate an employment contract with employees is drawn up by a personnel service employee. In small firms, the responsibility for compilation is often assigned to someone from the accounting department. If necessary, it can also be issued by the director of the company.

Fact

A sample of a voluntary dismissal order can be found here.

The data from the order is transferred to the employee’s personal card, as well as his work book, where they must be certified with the company’s seal.

The shelf life of the order, like any other archival personnel documentation, is 75 years.

Results

A dismissal order is drawn up in all cases of termination of an employment contract.
Information about the order is entered into the work book, so it is important to follow all the rules for filling out this primary document. The employee must be familiarized with the order. Personnel employees prefer to use a unified form of this order, such as T-8. You can download its form and sample in our article. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Guidelines for completing the form

In their daily activities, HR officers most often face dismissal under Article 80 of the Labor Code of the Russian Federation. An order for dismissal at one's own request is drawn up according to unified rules and can be issued on the same T-8 form.

Fact

The T-8 dismissal order form is available here.

The sequence of actions that allows you to correctly prepare an order to dismiss a worker:

1. Select a suitable filling template.
2. Make sure that the employee’s application or other document according to which the contract is terminated is drawn up in accordance with all the rules.
3. Decide on a document template (form accepted by the organization, T-8 or T-8a).
4. Find the dismissal order form
5. Fill out the header of the document: enter the name of the organization, its legal status (it is acceptable to use an abbreviated name).
6. Assign a number to the order based on the company’s document flow rules.
7. Enter the last day of work.
8. Indicate the date and number of the document to be terminated.
9. In the line just below, enter the employee’s data in the genitive case, indicate his personnel number and previously held position.
10. Write down the subparagraph, paragraph and number of the article of the Labor Code of the Russian Federation on which the order is drawn up: dismissal at will, agreement of the parties, termination of the contract or for another reason.
11. Indicate the reason: in accordance with the employee’s statement, director’s order, medical report or other document.
12. Sign the order from the manager or person charged with the responsibility for the corresponding actions.
13. Familiarize the dismissed person with the document, give him a copy of the order or act recording the refusal to familiarize himself with the document (if necessary).

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If the company's accounting is kept using 1C software, you will not need to look for a dismissal order form. If the fields of the electronic form are filled out correctly, the printed document will comply with significant legal requirements.

You can download a free current example of a dismissal order here.

Employee details and grounds for dismissal

This part concerns basic information about the employee, as well as the reasons for his dismissal.

First, enter the last name, first name, and patronymic of the dismissed employee (without any abbreviations, in the genitive case). Nearby, in the appropriate cell, is placed the personnel number assigned to the employee upon employment.

Then the structural unit (or name of the department) to which the employee belonged in this organization is indicated, and his position is entered.

Next, the basis for termination of the employment contract (dismissal) is entered. Here you need to indicate the reason for dismissal strictly in accordance with the Labor Code of the Russian Federation. Most often, paragraph 3 of Article 77 of the Labor Code of the Russian Federation fits here (at your own request).

The basis for the order is a document according to which the employee’s employment contract is terminated or dismissal occurs (here it is necessary to indicate the type of document and the date on which it was drawn up). As a rule, this is a personal statement on the part of the person resigning, but there may be other evidence, for example, a medical report, a summons to the military registration and enlistment office, an official note, etc.

Is it possible to cancel a manager’s dismissal order?

Cancellation of a previously issued order is possible at will:

• employer - if the manager changes his mind about dismissing the offending employee, choosing a different punishment option, or there is no longer a need for layoffs;
• employee - if an order to leave the company at his own request has already been issued, a sample bypass sheet has been given to the employee, but he has changed his mind about leaving his home.

In both cases, the personnel officer will have to issue an order. The reason for canceling the document will be the fact that the employee withdrew his application.

To issue an order canceling the dismissal order, you will have to either download a suitable form or draw up this document yourself in a free format. In any case, the document must:

• indicate the name of the organization and the date of issue of the order;
• refer to the previous order to break the TD;
• specify the reasons for canceling the written order, for example, the employee’s desire to continue his employment relationship with the company.

Registration of dismissal

Option 1. The order is issued on the day of termination of the employment contract

This is done in most cases in small organizations. An order for voluntary dismissal (a sample can be downloaded at the end of the article) is drawn up, signed by management and brought to the attention of the resigning person, who records the fact of his familiarization with a signature. If he refuses to sign, an act of refusal to familiarize himself is drawn up in the presence of two witnesses. How to issue an order for dismissal at your own request, sample 2021, can be seen from the sample.

After reading the regulatory act on termination of the employment agreement, the former employee is given a work book, for which he must also sign in the accounting book.

And finally, the former employee must sign the T-2 personal card.

Option 2. The dismissal order is issued in advance

In this case, we are talking about the date of issuance of the dismissal order before the date of dismissal of the employee. A sample voluntary dismissal order for 2021 prepared in advance looks like this

Opponents of issuing regulations on termination of employment relations in advance argue that if the employee changes his mind and withdraws his application, the already issued local regulation will have to be cancelled. This is an undeniable argument, and this will really have to be done if the employee changes his mind.

However, in favor of the preliminary preparation and execution of a document on termination of relations, it must be said that the accounting department makes all calculations on the basis of any primary documents (and not by telephone call), in this case, on the basis of an order.

All money that the organization must pay to the dismissed person must be paid on his last working day. But if the number of staff in a company approaches or exceeds a thousand, then when an order is issued on the day of dismissal, the accounting department simply physically may not have time to make the necessary calculations (it will only reach the accounting department on paper from personnel the next day). A delay in paying a resigning employee is a serious violation of the law. Therefore, if your staff is large or there are difficulties in interaction between departments, then use a sample order for voluntary dismissal in 2021, prepared in advance.

Option 3. The order is issued after dismissal

This option is only possible in connection with the death of an employee.

In this case, the date of publication of the normative act will be the date of receipt of the employee’s death certificate, and the date of dismissal will be the date of his death. Raising the question of how to prepare an order to dismiss an employee at his own request is inappropriate in this case.

Nuances that HR managers should know about

Although the form of the order for voluntary dismissal has not changed for quite some time, some specialists continue to make mistakes when drawing up a document on termination of an employment agreement. Among the most common flaws:

1. Incorrect form of document. Sometimes a personnel officer cannot find a standard dismissal order and manages to download the wrong form (for example, he uses the T8a format, intended for issuing orders to terminate an agreement with several employees on the same day).
2. The date of dismissal is indicated incorrectly. An inexperienced personnel officer who uses an order to dismiss from the organization at his own request forgets that the last working day will be the day of dismissal. If the employee wrote in the application: “I ask you to fire me on November 20, 2019,” then this date must be indicated in the order. If it says: “I request your dismissal from November 20, 2019,” then the last day of work will be November 19, 2019.
3. Lack of agreement with the trade union. If the enterprise has such a body, you will have to coordinate with it the dismissal at the initiative of the employer. An order to dismiss an employee at his own request, a sample of which was presented above, does not need to be signed by a trade union representative.

Free consultation

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Document requirements

Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 developed and approved a unified form on the basis of which a dismissal order is drawn up - T-8, a sample of its completion can be downloaded below.

Usually the order is issued on the employee’s last day of work. But you can do this in advance; the law does not prohibit it. This approach is even more convenient for departments that resolve certain issues related to the termination of an employment contract: accounting, personnel, warehouse, technical department and others.

The employee must be familiarized with the order against signature. For this purpose, a special column is provided in the form. If this is not possible, an appropriate entry should be made. And if the employee himself refuses to familiarize himself or sign, it makes sense to draw up an act of refusal.

Example of filling out the form

This document is drawn up by an employee of the company’s personnel department, who is also the chief secretary. It is signed by the director of the organization. If the employment agreement is terminated with the financially responsible person, the document accompanying the order must be an acceptance certificate, which contains confirmation of the absence of claims against the employee who held the responsible position.

The order for dismissal at one's own request must be filled out in accordance with all the conditions of registration. How to write an order (filling example):

• The name of the company or the full name of the manager is written at the top;
• Next, write the document number and the date of its preparation;
• the line “Terminate the employment contract from...” is supplemented with the date of conclusion of the agreement and the date of its completion;
• further information about the employee is indicated: full name, position held;
• Next, the reason for termination of the agreement is written - the initiative of the employee;
• the basis for issuing the order;
• signature of the manager and seal of the company;
• the phrase “Acquainted”, and then the date and signature of the employee.

The employee must be familiar with this document.