Notice of dismissal of an employee: sample document. How to properly inform an employee about the termination of an employment contract?

If the process of terminating an employment contract is initiated by the employer, then he must draw up a special notice of dismissal, handed over to an employee of the enterprise against signature. This documentation is mandatory, so it must be compiled regardless of the reason for dismissal.

Even if a specialist violates labor discipline or fails to cope with his duties, he is warned in advance about the termination of cooperation.

In what cases is it necessary to notify, and when not?

Notifying an employee of an upcoming dismissal (termination of employment) is a written document indicating the date and reason for the future separation. As a rule, it is carried out in advance - some time before the employee leaves.

The legislation does not have a systematic list of grounds for which notice of dismissal is strictly mandatory. However, the need for such actions is mentioned in certain articles of the Labor Code of the Russian Federation.

However, in practice, in the event of termination of an employment contract at the initiative of the company (although this is not necessary ), it is advisable to notify the employee of the decision.

When dismissing an employee at the initiative of the company (with the exception of liquidation and downsizing), the law does not require notification. But in order to avoid possible disputes, as well as to notify the employee of the need to obtain a work book and other documents, it is better to do this.

IMPORTANT!
The obligation to notify the employee in all of the above cases applies only to legal entities . Employers-individual entrepreneurs are not obliged to do this (Article 307 of the Labor Code of the Russian Federation, paragraph 28 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated May 29, 2018 No. 15).

Upon dismissal by agreement of the parties

Dismissal by agreement of the parties is the most “harmless” termination of the employment relationship. This is the only type of dismissal that cannot be challenged in court.

Most often it is used when dismissing a category of citizens who have legal privileges for reduction, conflict situations and other moments when the parties cannot agree. Dismissal by agreement of the parties is not burdened with deadlines; it can be carried out the next day after drawing up the documents.

The ideal grounds for dismissal in this video:

How to write a notice of dismissal

There is no specially developed and legally approved form for notice of dismissal of an employee. It is compiled in any form based on a specific situation. In this case, it is necessary to include the following details:

Name of the organization, date and document number.
Identification data of the person being dismissed, incl. position, full name
The text of the message about the intention to terminate the employment contract indicating the specific date of the last day of work.
The grounds on which the dismissal will be carried out.
Provide a box for the employee to sign in the confirmation of receipt.

It is possible to draw up a notice in 2 copies , one of which remains with the employee, and the second with his mark of delivery - with the employer.

If an employee refuses to sign that he has read the notice, an appropriate act must be drawn up.

Design rules

The process of dismissing any specialist begins with the adoption of an appropriate decision by the head of the company. Only after this is a notice drawn up, which is handed over to the dismissed employee against signature. The presence of a signature serves as proof that the citizen was promptly notified of the planned termination of the contract. If a person refuses to sign, then a special act is drawn up, certified by other employees of the enterprise.

Only after these actions is an order issued according to which documentation for the dismissal of a specialist is prepared. If an employee is laid off, he is initially offered another vacancy for transfer, if available. If the reason for dismissal is the closure of the organization, then when drawing up the notice, a link is left to the minutes of the meeting of shareholders who made such a decision. If the termination of the employment contract is due to the fact that the citizen does not correspond to the chosen position, then a link is left to the articles of the Labor Code regulating the dismissal process for this reason.

At the legislative level, no unified form of notification has been developed, so company owners use a free form, and enterprises can independently develop a template that is registered in the accounting policy.

For a document to have legal force, the following data must be included in the text:

date and place of formation;
full company name;
personal data about the employee, provided by his full name and position;
reason for termination of the employment contract;
date of dismissal.

The remaining information depends on the exact reason for such a decision on the part of the organization’s management. To write a notice, you can use regular or company letterhead. You can type or write the text by hand. The main condition is the need for certification by the management of the organization or another person who has the right to sign official documentation.

Important! Starting from 2021, entrepreneurs and company owners may not have to certify important documentation with a seal.

The notice is drawn up in two copies, since one is given to the employee, and the second remains with the director. The documents must be completely identical. Any employee of the enterprise who has the necessary knowledge of Labor Code and Civil Code can write the text. Typically, this responsibility is delegated to a human resources officer, legal consultant, or secretary. In small organizations, the procedure is performed by the immediate director.

How to notify of dismissal during staff reduction and liquidation

The following deadlines are established for notifying employees of termination of employment due to the closure of the organization or staff reduction:

employees employed in seasonal work - no later than 7 days before the date of dismissal (Part 2 of Article 296 of the Labor Code of the Russian Federation);
for temporary employees with a contract period of up to 2 months - 3 calendar days before separation (Article 292 of the Labor Code of the Russian Federation);
for all other employees - no less than 2 months before dismissal (Part 2 of Article 180 of the Labor Code of the Russian Federation).

If an employee refuses to sign the notification, an act of this in any form is drawn up.

The text of the notification, in addition to the details indicated above, should contain:

notification of available vacancies in the company to which the employee is offered to transfer (only in case of layoff);
notice of the possibility of terminating the employment contract before the end of the notice period, giving written consent to this, with payment of average earnings for the time remaining before the date of dismissal.

It is possible to send such a document by registered mail with notification.

Further, from our website you can receive free notices of dismissal in case of reduction:

SAMPLE NOTICE OF TERMINATION DUE TO REDUCTION

Below are free notices of dismissal due to liquidation:

SAMPLE NOTICE OF TERMINATION DUE TO LIQUIDATION

Is it necessary to register

contains cases when it is necessary to notify employees of the termination of a contract, as well as the deadline for issuing this document.

The document is transferred to specialists for the following reasons:

the end of the period for which the fixed-term employment contract was drawn up;
at the end of the probationary period, the entrepreneur became convinced that the specialist did not correspond to the position held and also could not cope with the assigned tasks;
the process of liquidation of the company is carried out;
a decision is made to reduce staff;
employee - part-time worker and notification is required upon dismissal of both internal and external part-time workers;
the employee pays alimony from his salary or repays other types of debt;
a hired specialist is a foreign citizen or a person liable for military service.

Reference! Information about the need and nuances of generating a notice of dismissal is contained in the provisions of Art. 71 and art. 180 TK.

If the period of validity of a fixed-term employment contract expires, the rules for notifying the employee are given in Art. 77 and art. 79 TK.

How to notify upon termination of a fixed-term contract

Based on Art. 79 of the Labor Code of the Russian Federation, an employee hired under a fixed-term contract should be notified in writing of the end of its validity period and the upcoming dismissal at least 3 calendar days in advance.

IMPORTANT!
There is no need to notify the employee if he was hired to replace a temporarily absent employee.

The notice is drawn up in any form, in 2 copies and handed to the employee personally. Or, in its absence, sent by registered mail with acknowledgment of delivery.

The employee must put a signature certifying the fact of receipt of the document on the employer’s copy or at the post office.

SAMPLE NOTICE OF TERMINATION OF A FIXED-TERM AGREEMENT

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Procedure for notification of dismissal during a probationary period

If the employer considers the test results of a new employee unsatisfactory, he has the right to dismiss him. At the same time, he is obliged in writing of his decision, indicating the specific circumstances, failure to comply with which became the basis for separation. He must do this no later than 3 days before the date of dismissal (Article 71 of the Labor Code of the Russian Federation).

IMPORTANT!
The notice period should be counted from the following the day the notice was delivered to the employee.

SAMPLE NOTICE OF TERMINATION DURING PROBATIONAL PERIOD

What to do if an employee refuses to sign a notice

If a notice of impending dismissal is handed over to the employee personally, but he refuses to sign it, it is necessary to draw up a special act about this . In the event of litigation, this document will serve as evidence on the part of the employer that all the necessary stages of dismissal were completed properly.

In the same way, it is considered that the employer notified the employee of dismissal if the notice is sent by mail, even if the letter is returned marked “not received.” The only condition: the postal worker must also write a report about the recipient’s refusal to receive the message.

How to notify an external part-time employee of dismissal

One of the specific cases of mandatory notice of dismissal is termination of an employment contract with an external part-time worker in connection with the hiring of the main employee. For this purpose, a period of at least 2 weeks before the last working day.

are no special requirements for the form and procedure for transmitting notification for such cases . Therefore, it is enough to draw up a document of any sample in 2 copies and familiarize the employee with it.

SAMPLE NOTIFICATION ABOUT NOTIFICATION TO AN EXTERNAL PART-TIMPER

Dismissal procedure

The dismissal process starts from the moment the employer makes a decision.
After this, a notification is drawn up and handed over to the dismissed employee against signature. This autograph will indicate that the information was brought to the attention of the employee.
Then the enterprise issues a special order, on the basis of which the personnel officer prepares documents for dismissal, makes appropriate entries in the employee’s personal file and work book, and the accounting department makes final payments to him.

Procedure for notification of dismissal for guilty actions

The law does not officially require notifying the employee of such dismissal. In practice - for example, in the case of long-term absenteeism, theft, or the presence of a court verdict - employees often do not appear at the workplace for a long time, including on the last day of work. In such a situation, it is advisable to wait for him to appear and hand over the notice of dismissal and all related documents.

Often the company sends notice by registered mail and terminates the employment. However, if it suddenly turns out that the employee was sick at this time, termination of the employment contract may be considered illegal . Therefore, it is advisable to contact the employee before this and ask him to appear in person . The general algorithm for notifying an employee is otherwise similar to that described above.

SAMPLE NOTICE OF TERMINATION FOR ABUSIVENESS

How to quit your job according to all the rules

How many days in advance an employer must notify an employee of dismissal depends on the specific situation. This time may vary. It should be borne in mind that no one is immune from resignation at the initiative of management, even the most important and necessary employee of the company. Therefore, a worker should under no circumstances perceive his departure as a tragedy and the collapse of all hopes. An employee who leaves the organization on the initiative of the manager must, before leaving:

Receive your work book from your immediate supervisor or from the HR department (this applies to those who work under a fixed-term or open-ended employment contract). Those who work under a service contract are usually not registered with a company using a work book. The boss is obliged to issue the document strictly on the day the specialist leaves. If the book is located in another city (for example, in the parent company and not in the branch), the costs of traveling to obtain the document are paid by the boss.
Receive compensation for unused vacation if the employee has not yet been on vacation this year.
If an employee plans to register with the employment center as unemployed, he has the right to request from the accounting department a certificate from his place of work indicating his income for the last three months. This certificate will be needed for a person to be officially recognized as unemployed and to be paid benefits in the amount of the average salary at his previous place of work.
If a specialist remains on good terms with his superiors and does not resign “under article”, he has the right to ask his immediate supervisor for a recommendation or a positive reference that may help in applying for another position.

Having received all the necessary payments and documents, the specialist can safely resign. If you don’t want to work the required fourteen days, you can take a vacation at your own expense (the so-called business leave) with subsequent care. You can also go on paid leave , but in this case the employee will no longer receive monetary compensation for the holidays.

Procedure for notifying employees of resignation

Typically, an employee is not notified of resignation in advance if a fixed-term employment contract has been concluded with him and the end date of this contract is specifically stated in the documents. In this case, the expiration date of the agreement should be considered by default the date of dismissal of the employee. The same applies to those who work seasonally, as well as those who work under a non-labor contract for the provision of services (for example, tutors, translators, construction workers).

If the service is provided, the specialist automatically leaves the place of work. However, for different categories of specialists working under an employment contract, there are different periods of notice of dismissal. They are:

If a specialist undergoes a probationary period, the boss is obliged to warn the employee about dismissal one week in advance.
The same applies to seasonal workers.
In cases where a specialist loses his job due to staff reductions, the boss is obliged to warn about the impending reduction at least two months in advance. In addition to warning of layoffs, the manager must provide dismissed employees with the certificates necessary for registration with the employment center.
If a worker grossly violates the company charter or employment contract, the boss has the right to refuse his services without prior warning. The same happens if the employee urgently changed his place of residence, retired or died.

There are cases when a manager and his subordinate made a joint decision that a particular job is not suitable for this specialist. At the same time, the worker does not violate the employment contract (charter), and it is impossible to dismiss him under the article.

In this case, it is written in the work book that the specialist left the place of work by agreement of the parties, that is, by mutual agreement of the boss and subordinate. In this case, the manager warns the specialist that it is advisable for him to leave at least two weeks (fourteen days) in advance .

In this case, the employee has the right to ask the manager to postpone the date of dismissal in order to find another position in the same (or another) company during his service. If leaving occurs by agreement of the parties, much depends on the nature of the relationship between the boss and the subordinate. Sometimes an employee manages to negotiate to receive monetary compensation or ask his boss to help him get a new job. Also in this case, the manager can help the dismissed specialist move to another position in the same company.

If the boss violates the Labor Code

There are standards regulating how much notice an employer must give an employee about dismissal.
But there are situations when there is no way to delay dismissal. The boss must immediately dismiss the employee if the employee’s activities grossly violate the company’s charter and also jeopardize the normal operation of the company. This happens when a negligent specialist systematically skips work, is absent from the workplace for a long time (more than four hours in a row during the day) without a good reason, fails to cope with his duties, and also comes to work in a drunken state. As a rule, first such a person receives a reprimand (sanction, fine), and a conversation is held with him. If these measures do not work, the manager has the right to dismiss the employee without warning under one of the articles of the Labor Code. It should be borne in mind that dismissal “under article” has a negative impact on a person’s reputation and can become a serious obstacle to subsequent employment in the specialty.

However, there are situations when a boss, by dismissing an employee without warning, grossly violates the Labor Code. In this case, dismissal at the initiative of management will be illegal. We can talk about such a violation if the dismissed worker is a pregnant woman, a woman with a young child (children), a woman or man on maternity leave to care for a child under three years of age, or a disabled person. In this case, the specialist whose rights have been violated must file a complaint with the primary trade union organization, which exists at all state enterprises.

If we are talking about working for a private entrepreneur and there is no trade union committee in the organization, the dismissed specialist has the right to notify the boss that he intends to go to court to protect his rights. As a rule, such a conversation is quite enough for the manager to change his decision and leave the employee in the workplace.

If a boss dismisses an employee at will, this does not exempt the manager from complying with the Labor Code. Unlawful dismissal of a specialist, as well as non-payment of benefits and compensation due upon resignation, may result in litigation, penalties and fines. Therefore, the manager must be clearly aware that acting in accordance with the law when dismissing an employee is in his interests. A specialist who leaves work on the initiative of a manager must, in turn, demand that his superiors comply with all necessary formalities.

How to notify your manager of dismissal when there is a change of ownership

to dismiss the manager and chief accountant within 3 months from the date of entry into the right . At the same time, the law obliges him to pay them severance pay in an amount not less than 3 average monthly earnings. Although in practice these amounts are often much higher.

As a rule, this procedure is preceded by negotiations. Based on the results of their conduct, the new manager may (but not necessarily) be given a notice of dismissal on company letterhead. It states:

a pre-agreed amount of financial compensation;
planned date of termination of cooperation.

How to submit a notification

The notification can be written on letterhead or a simple blank A4 sheet, by hand or in printed form - this does not play a role in determining the legality of the document. The only important condition is that the document be certified by the head of the company or a person authorized to sign such papers. It is also not necessary to certify the notification with a seal, because from 2021, legal entities are not required to use seals and stamps in their activities, and individual entrepreneurs were previously exempt from this requirement.

It is best to prepare the form in two copies , one of which is given to the employee, the second remains with the employer, and they must be absolutely identical.

Notices from government agencies about dismissal

If enforcement proceedings were initiated against one of the employees - for example, for the payment of alimony and the company made the corresponding deductions - it is obliged to inform the bailiff service (FSSP) about his dismissal.

To do this, you need, no later than the day following the date of dismissal (clause 2, part 4 and part 4.1, article 98 of the Federal Law of October 2, 2007 No. 229-FZ, part 3, article 84.1 of the Labor Code of the Russian Federation):

Return a copy of the writ of execution to the bailiff indicating the impossibility of further withholding the amounts due due to the change of place of work.
Send a similar copy to the claimant.

Moreover, if the proceedings were related to the payment of alimony, the employer is obliged to inform about the new place of work and residence of the dismissed person, if he has such information.

The following is a free letter to bailiffs regarding the dismissal of an employee:

And if a foreign , the territorial body of the Ministry of Internal Affairs (formerly the Federal Migration Service) must be notified about this within 3 days There is an approved form for this (paragraph 1, paragraph 8, article 13 and paragraph 1, paragraph 18, article 13.4 of the Federal Law of July 25, 2002 No. 115-FZ, paragraph 2 of the order of the Ministry of Internal Affairs of Russia dated June 4, 2019 No. 363).

Test failed

A probationary period or test for employment is not a new concept. An employer hires a specialist, but he does not have an accurate idea of his qualifications and performance. To check his professional suitability, the employer determines a test, based on the results of which a decision will be made whether to extend cooperation with this employee or not.

Not everyone can achieve positive results and not always. If the test is not passed, the employer is obliged to notify the employee in accordance with the established procedure. Send notice of termination of the employment contract no later than three calendar days before the actual date of dismissal.

IMPORTANT!

Note! Describe the reasons for dismissal in as much detail as possible. That is, describe the place and time of the test, its results, and document the circumstances. For example, attach reports from department heads, reports on the release of defective products (batch number and characteristics), written customer complaints, extracts from visitor logs, as confirmation of the notification. If an employee decides to be reinstated through the court, then these documents will be studied first.

Sample notice of termination of an employee's employment contract during a probationary period

Conclusion about unsatisfactory test results

Samples of notices of termination of an employment contract:

Notice for a fixed-term employment contract

>Download

Notification upon layoff

>Download

Notification upon failure to complete the probationary period

Which authorities must be notified of termination of an employment contract?

In some cases, the employer is obliged to notify not only the employee himself, but also government agencies about dismissal:

the military registration and enlistment office where the discharged person, who is liable for military service, is registered with the military (a note is made on the employee’s personal card about his attitude to military duty, and when applying for employment, those liable for military service must, among other documents, present a military ID or its equivalent, for example, a registration certificate);
territorial division of the Main Directorate for Migration Issues (GUVM) of the Ministry of Internal Affairs of the Russian Federation at the location of the employer, if a foreigner is resigning;
employment service upon dismissal due to staff reduction or in connection with the liquidation of the organization.

However, all of these are separate procedures that deserve special consideration outside the context of notifying the employee of the upcoming dismissal.

Notifying an employee of dismissal is a routine formal procedure. Large companies have put it on stream. Well, for those who encounter it for the first time, it is enough to go through all the circles of bureaucratic hell associated with it once. And then it will be easier.

Author: ozakone
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How many days in advance do I need to report this?

The legislation of the Russian Federation establishes a warning period, that is, it indicates how much time in advance the management of the organization must necessarily warn the employee about the termination of the employment contract. The length of the notice period directly depends on the grounds for dismissal:

Failure to complete the probationary period - 3 days (Article 71 of the Labor Code).
Completion of a fixed-term contract - 3 days (Article 79 of the Labor Code).
Liquidation of the company and reduction of staff - 2 months. (Article 180 of the Labor Code).
Bankruptcy of an organization - 1 month. from the date the company was declared bankrupt (Federal Law No. 127 of October 26, 2002).

The employer’s goal is not to send a notice, but to receive confirmation that the dismissed employee has received it in a timely manner.

Does the day of receipt of notification count?

The countdown of the employee's warning period about the upcoming termination of the contract begins from the date following the day the citizen received the notification (Cassation ruling of the Kirov Regional Court No. 33–3652 of November 8, 2011, Article 14 of the Labor Code of the Russian Federation). The actual day of acceptance of the official notification is not taken into account in calculating the period.

For example, a citizen was informed against signature about the upcoming layoff on December 20, 2019. The warning period is 2 months, the countdown will begin on December 21, 2019. The official date of dismissal must be no earlier than 02/21/2020.

When sending notice by mail, the date of dismissal should be set taking into account the period of delivery of the letter. The warning period should be calculated not from the date of sending, but from the date following the day of delivery of the information to the addressee.

For example, a notice of layoff was sent to the employee by mail on February 25, 2020. The notification of delivery of the letter is dated 03/03/2020. The warning period will begin counting from 03/04/2020. The dismissal date may not be earlier than 05/04/2020.