Dismissal of foreign citizens at their own request

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Federal Law No. 115 of July 25, 2002 “Legal Status of Foreign Citizens in the Russian Federation” regulates the presence of foreign persons in our country. If a person who comes from another state gets a job or pays off, then the employer must notify the migration authority of the Russian Federation about this. This is stated in Art. 13 of the above-mentioned law.

If the employer neglects these requirements, he will be fined a large amount. The fine reaches 800 thousand rubles, and in large cities – up to 1 million rubles.

Dismissal of a foreigner

There are two groups of grounds that allow a person who is not a citizen of the Russian Federation to be dismissed from work:

• General grounds that apply to all employees, regardless of their citizenship
• Grounds that apply only to foreign persons

It is possible to dismiss a foreign citizen on a general basis, guided by the Labor Code of the Russian Federation. The rules prescribed in this legal document are valid both for Russian citizens and for foreigners working in the territory of the Russian Federation.

The most common reasons are:

• The employment contract is expiring and there is no intention to renew it
• The employee leaves at his own request
• Dismissal occurs by mutual agreement between the parties
• The initiator of termination of employment relations is the employer
• An employee moves to another employer (relevant only for foreigners with a residence permit or temporary residence permit)
• Leaving due to circumstances beyond the control of the parties

Payments upon dismissal

The Labor Code of the Russian Federation guarantees foreign persons the same payments and compensations as Russian citizens.

Thus, upon dismissal for the following reasons, a foreign citizen is required to receive severance pay:

• reorganization, liquidation of an enterprise, staff reduction;
• the employee’s refusal to transfer to another job necessary for health reasons or the inability to provide it;
• reinstatement by court decision;
• refusal to transfer to work in another location among the entire organization;
• recognition of the employee as unfit for this work in accordance with medical indicators;
• changing the essential terms of the employment contract.

In addition, regardless of the reason for dismissal, a foreign citizen must receive monetary compensation for unused vacation days.

Also, foreigners living and working in Russia on the basis of a visa have the right to receive monetary compensation equal to their two-week earnings in cases of temporary termination (or cancellation) of the employer organization’s permit to employ foreign citizens.

The reason is that this document was the basis for foreign citizens to obtain a work permit in the Russian Federation.

Additional reasons

The rules and grounds for dismissing an employee are determined by Chapter 13 of the Labor Code of the Russian Federation - they are equally applicable to both Russians and foreigners. However, in the case of a foreigner, dismissal often occurs on additional grounds:

• The organization has exceeded the number of full-time foreigners
• The organization's permit to hire foreigners has expired
• The employee's work permit or patent has expired
• The employee’s VHI policy or other contract indicating the availability of health insurance has expired

It is worth considering that the organization is obliged to remove an employee from professional activities if the validity period of the following documents has come to an end:

• RVP or residence permit
• Work permit or patent
• VHI policy

If within one month the employee does not draw up new papers, the company must terminate the employment relationship with the foreigner.

Peculiarities

An employment contract must be drawn up with each employee upon hiring. Termination of an employment contract with foreign citizens is carried out according to the same procedure as with Russians, but the manager must take into account a number of points. Thus, the employer is obliged to fire a foreigner if:

• his patent or other document giving the right to work in Russia has expired;
• the residence permit or temporary residence permit has expired;
• the medical policy has expired;
• the employer has run out of quotas to provide jobs to residents of another country;
• the employer's permit to hire foreign citizens has been revoked or has expired.

Most often, in such situations, foreign citizens voluntarily terminate their activities by drawing up an application for termination of the employment contract or signing an agreement with the employer, which allows the procedure to be completed as quickly as possible.

Read on the topic: Can an employer refuse to dismiss at his own request?

Read on topic: Step-by-step instructions for terminating an employment contract with an individual entrepreneur at your own request

Some cases of dismissal

Let's consider two situations in which a foreign employee is dismissed.

1. The contract is terminated due to the company exceeding the number of foreign employees. The maximum rate for foreigners is determined by the Russian government every year. For example, for 2021, restrictions have been established on the use of foreign labor in the following types of activities:

• Growing vegetables - up to 50%
• Alcohol trade - up to 15%
• Tobacco trade - up to 15%
• Transportation of passengers and transportation of goods - 28% each, respectively
• Sports activities - up to 25% of the total number of full-time employees

The labor of foreigners is completely prohibited:

• In the retail trade of medical drugs
• In retail trade in markets, outside shops and stalls

Important! The specified quotas do not apply to foreigners with residence permits and temporary residence permits, as well as to highly qualified specialists.

The use of foreign workers exceeding the specified limits is considered a violation.

Therefore, the employer is obliged to dismiss the employee if the permissible indicators are exceeded.

2. Dismissal upon expiration of documents that confirm the legality of residence and employment of a foreigner in the Russian Federation (patent, temporary residence permit, residence permit, work permit).

One of the main conditions for concluding an employment contract is that the foreigner has a document confirming his legal residence in the Russian Federation and the possibility of employment in the country. Here we are talking about a work permit, patent, residence permit or temporary residence permit. If these documents expire, the employer has no legal basis for keeping such an employee on staff. The foreigner is given 30 days to extend or re-register all papers. During this time, the employer is obliged to suspend the employee from work. If after 30 days the documents are not in order, the employer is obliged to terminate the employment contract. And the grounds here will be circumstances that do not depend on the will of the parties (clause 9, part 1, article 83 of the Labor Code of the Russian Federation).

Grounds for termination of an employment agreement

The reasons for ending employment relations with employees who are citizens of other states are divided into:

• general, relating to employees regardless of citizenship;
• special, used if the employee has a special status.

Question: Is it necessary to notify the Russian Ministry of Internal Affairs about the conclusion and termination of employment contracts with foreign workers - a highly qualified specialist, a citizen of Belarus or a person temporarily or permanently residing in the Russian Federation? View answer

In the first case, the set of reasons includes the following:

• the expiration of the validity period of the agreement determined at the time of its execution;
• the desire of the employee himself;
• initiative of the employer enterprise;
• various types of violations of the provisions of Russian labor legislation;
• circumstances not related to the wishes of the parties to the contract.

Question: Several employees of the organization (LLC) - citizens of Kyrgyzstan - submitted statements of resignation of their own free will. At the time of filing these applications, the general director of the company, who was its sole founder and was undergoing treatment at the clinic, died. The director's heirs have not entered into the inheritance; the employer does not have the authority to terminate the employment relationship of other LLC employees. How can foreign workers terminate their employment? View answer

Special grounds for dismissal of foreign employees include:

• departure outside the Russian Federation (voluntary, forced);
• cancellation of permission to stay within the Russian Federation;
• expiration of the patent or work permit period;
• expiration or suspension of a permit previously obtained by the organization to use foreign labor;
• expiration of the medical policy (insurance).

Dismissal procedure

As with the dismissal of citizens of the Russian Federation, when terminating a contract with a foreigner, the procedure is the same:

• The employee writes a letter of resignation (if the dismissal occurs on his initiative)
• An order is issued in form T-8, which the employee is introduced to upon signature. If the employee does not want to sign the order, a corresponding note is made
• A full settlement is made, the funds are issued to the foreigner
• A notice of dismissal is made in the work book.
• The employee puts his signature on the personal card confirming receipt of the work book.
• The work book is issued to the employee on the day of dismissal.

Notification of the Federal Migration Service (GUVM Ministry of Internal Affairs) about the dismissal of a foreigner

Companies hiring foreign citizens are required to inform the Federal Migration Service (from April 2021 - the Main Directorate for Migration Affairs of the Ministry of Internal Affairs) not only about the hiring of such employees, but also about their dismissal. If this norm is violated, penalties are imposed:

• Up to 1 million per company
• Up to 70,000 rubles for responsible persons
• Up to 7,000 rubles for individuals

In addition to a fine, the punishment may include suspension of the company's activities for a period of 14 to 90 days. That is why information forms must be filled out with the utmost care, and the document itself must be submitted in a timely manner.

Important! The employer is required to send notice of the dismissal of a foreign employee within 3 days after termination of the employment contract.

Migration authorities must be notified when any foreigner is dismissed, regardless of his status:

• Visa-free employees with a patent
• Visa-free workers with a patent who came from the EAEU countries
• Visa employees with work permits
• Foreigners with temporary residence permit or residence permit
• Highly qualified specialists
• Refugees

Filling out the notification form

The document states:

• Name of the migration structure where the paper is sent
• Employer status (legal entity or individual entrepreneur)
• Employer details (INN. OGRN, OKVED codes, legal address and telephone number)
• Full name of the dismissed employee, date and place of birth, registration address, date of registration
• Name of the document under which the employee worked (patent, work permit, etc.)
• Profession of a foreigner
• Type of document regulating the legal relationship between an employee and an employer (employment contract or civil contract)
• Date and reasons for dismissal
• Date of document preparation, manager’s signature

A separate document is drawn up for each dismissed foreigner. The signature of the responsible person and the seal of the organization are affixed. The notification is sent by mail or delivered in person during a visit to the FMS.

From April 20, 2021, a new form of notification to migration authorities about the employment or dismissal of a foreign worker has been introduced. According to Federal Law No. 115, not only the employer, but also the foreigner being hired must submit a notification.

Dismissal procedure

The procedure for dismissal and termination of an employment contract with a foreigner does not differ from that applied to citizens of the Russian Federation.

If an employee resigns at his own request, he submits an application within two weeks before the expected date of leaving work. When liquidating an enterprise, the employer must notify the foreign worker two months in advance.

Submission of a notice of dismissal of a foreigner to the migration services is carried out within three days from the date of expiration of the employment agreement with the foreign worker. The employer is not recommended to miss or violate this deadline, since in the event of such violations, significant penalties may be imposed on him. The notice period begins to count from the next day after the termination of the employment agreement.

The notification consists of two forms and is divided into the following sections:

• Information about a foreign worker
• Employer information
• Information on the basis of which a hired foreigner stays and carries out labor activities
• A tear-off coupon, which is filled out by migration service employees and stamped

Notice of termination of the employment agreement is submitted to each employee separately. It can be sent by registered mail, e-mail, or submitted to the Main Department of Migration Affairs of the Ministry of Internal Affairs in person.

Notification is sent to the migration authorities in the following cases:

• Early termination of the agreement due to the fact that the employee’s qualifications do not correspond to the declared ones / the hired foreigner disappeared / ran away
• The term of the employment agreement has come to an end, or the legal stay of the foreign worker in the Russian Federation has expired
• In case of termination of the employment agreement at the request of a foreign worker

If a foreign mercenary disappears or runs away from work without terminating the employment agreement and without warning management, he is fired in absentia on the legal grounds for dismissal enshrined in the labor legislation of the Russian Federation. It is necessary to use Art. 81 of the Labor Code of the Russian Federation, clause 5: repeated failure by an employee to fulfill his official duties without good reason; clause 6, which refers to a one-time gross violation by an employee of his work duties: absenteeism.

Important! The case of absenteeism must be documented.

To do this, a letter must be sent to the temporary registration address of the foreign employee, indicating that he must go to work. The letter must be registered with notification. It asks the employee to respond within a certain period of time, for example, a week. If the answer does not arrive within this period, or the employee does not appear, an act signed by several witnesses is drawn up. After collecting all the evidence, a dismissal order is issued.

Notice of dismissal is sent by the employer in relation to all foreign citizens with different migration status:

• Employees without a visa who have a work patent
• Employees without a visa with a work patent who came from the EAEU
• Employees with a visa and work permit
• Employees located in the Russian Federation on the basis of a temporary residence permit
• Employees with a residence permit of the Russian Federation
• Employees with refugee status

Notification of supervisory authorities about the dismissal of a foreign citizen

Employers are required to notify the Department of Internal Affairs of the Ministry of Internal Affairs about the dismissal of foreign citizens within 3 days after the termination of employment contracts. Neglect of this rule may result in administrative liability. The notification is submitted in writing by registered mail or in person to the migration authority.

The process of submitting a notification to the Ministry of Internal Affairs (FMS) about the dismissal of a foreigner is as follows:

1. Filling out resignation notice forms.
2. Checking completed forms for errors.
3. Placing the organization's seal on completed forms.
4. Submitting a notification to the Ministry of Internal Affairs (FMS) in person or by mail.
5. Receiving a tear-off part of a notice of dismissal of a foreigner with the seal of a government agency.

Important! Notice of termination of an employment contract with a foreigner must be sent within 3 days from the date of termination of this contract.

Filling out the notice has some features:

• If the employee’s temporary registration has expired, the date of termination of the contract is entered in the field with the date of termination of the contract.
• A notification is sent if the employee himself decides to terminate the contract, the patent or registration of a foreigner in the Russian Federation has expired, or if the agreement is terminated early due to the employee’s inadequacy for the position held.
• The document must contain complete information about the employee and employer.
• The notice is filled out indicating the details of the document on the basis of which the foreigner carries out labor activities.

The notification is drawn up in a unified form, which requires indicating:

• name of the nearest Federal Migration Service where the document will be sent;
• status of the organization;
• details of the enterprise;
• full details of the employee;
• the name of the document giving the person the right to carry out labor activities;
• the name of the person’s profession;
• document that was concluded during employment;
• the date of dismissal and the reason why it occurred.

At the end of the document there should be the date of its preparation and the signature of the head of the organization.

Expert commentary

Platonov Alexander

Lawyer

Note! If several foreign workers are dismissed at once, notices are drawn up for each of them. It is recommended to submit the document to the Department of Internal Affairs of the Ministry of Internal Affairs in person, because The post office, even within the city, is unlikely to have time to deliver it within three days.

Termination of employment contracts with foreign workers in the Russian Federation is carried out taking into account the norms of Russian legislation and mandatory notification of supervisory authorities. If they have permits, foreigners have the same labor rights as Russians, however, the expiration of their validity period may serve as grounds for termination of contracts.

Question answer

Is it necessary to notify the Central Internal Affairs Directorate about the dismissal of a foreign citizen (Ukraine)?

When dismissing an employee, notice must be submitted within three working days from the date of termination of the employment contract with him.

Algorithm for submitting a notification to the Main Directorate for Migration Affairs of the Ministry of Internal Affairs

When filling out the form, you cannot shorten, cross out, or correct words, otherwise it will be considered invalid. All entries must be in Russian only. If the data in the foreign worker’s passport is written in Latin letters, then they are also transferred to the form in Latin letters.

Notification algorithm:

1. Fill out the forms for notice of dismissal of a foreigner
2. Be sure to check the completed form for inaccuracies and errors. If errors are detected by migration service employees, the notification will not be accepted. In turn, this will entail the imposition of a fine on the employer for late submission of notice of dismissal of a foreign employee
3. Each form must be clearly stamped by the dismissing organization
4. The notice shall be sent by registered mail, e-mail, or submitted in person.
5. Receive a tear-off notification coupon with the seal of the migration authority

The employer should pay attention to the following nuances:

• When carrying out the labor activity of an employee under a patent, another form is filled out, according to which in the notification field “Name of the document” - write “Patent”
• In case of cancellation of temporary registration, indicate the date of its cancellation in the column “Date of termination of the employment contract”
• When dismissing at your own request, indicate that the employment agreement was terminated at the request of the foreigner

How to fire a foreigner if the patent has expired?

The dismissal of a foreign employee due to the expiration of a patent is regulated by the Labor Code of the Russian Federation (clause 5, part 1, article 327.6, chapter 50.1).

This regulatory act states that the algorithm for the manager’s actions when terminating an employment contract with a foreign citizen is the same and does not depend on the duration of the contract with the foreign employee: it must be terminated!

However, Article 327 on the dismissal of a foreign citizen if the patent has expired states that you cannot dismiss an employee the very next day!

He should be suspended from work for a period of one month, during which the employee must obtain a new permit.

If within a month a foreigner receives a new patent, he can continue working in his previous position.

In this case, the employer is not obliged to conclude a new contract with him; it is enough to sign an additional agreement to the existing employment agreement.

If the authorization document is not received, the employee must be dismissed. It should be noted that the presence in the state of a foreign person with an expired patent is a violation that entails the imposition of an administrative fine on his employer.

The dismissal procedure, therefore, requires the preparation of two documents: an order of removal from work and dismissal.

An order to temporarily suspend an employee from work for a period of 1 month is drawn up by the director.

The structure of the document is as follows:

1. An introductory part explaining the reason for the employee’s removal from work (due to the fact that ...).
2. Direct order (I order the temporary suspension of the employee for a period until a valid patent is granted, but not more than one month).

If the required document has not been provided, an order to dismiss the foreign employee is drawn up. The reason for termination of the contract is circumstances beyond the control of the parties (clause 9, part 1, article 83 of the Labor Code of the Russian Federation).

Responsibility for untimely notification of the migration authority

Migration legislation strictly regulates the deadlines for submitting notifications, so it is better for the employer not to miss them and not to violate the procedure for submitting documents, so as not to receive a significant fine.

In addition to a fine, failure by the employer to fulfill this obligation may entail a decision by the migration authority to suspend the license to use the labor of foreign workers in its activities.

Individuals pay a fine in the amount of 5,000 to 7,000 rubles. Managers and officials of organizations pay from 35,000 to 70,000 rubles. Legal entities - from 400,000 to 1,000,000 rubles.

Also, in case of a gross violation, the activities of the enterprise may be suspended for a period of 14 to 90 days.

Punishment for violations of order

Notifying the relevant service when dismissing a foreign worker is mandatory, and if this rule is violated, penalties may be imposed on the employer.

The amount of fines in 2021 is:

• for an enterprise/organization – up to 1,000,000 rubles;
• for responsible officials - up to 70,000 rubles;
• for individuals – up to 7,000 rubles.

Moreover, the punishment may not be limited to just a fine - according to the law, the activities of a company that has violated the law may be suspended for a period of 14 to 90 days. The license granting the right to use the labor of foreign citizens may also be suspended.

How long does it take to submit a notice of termination of a contract with a foreigner?

This must be done within 3 working days from the date of termination of the employment relationship. But previously, the three-day notice period began on the same day the relationship was terminated.

According to the new Order of the Ministry of Internal Affairs No. 11, the period now begins the day after the termination of the relationship. For example, according to the order for the enterprise, the migrant resigned of his own free will on May 15, 2018. The notice period begins on 16.05. The notice deadline expires on May 19 of the current year.

But May 17 and 18 fell on Saturday and Sunday this year. Therefore, they should be skipped. Then the deadline will expire on May 21 of the current year.

Notification of a foreign citizen about termination of an employment contract

Labor legislation imposes an obligation on the employer to notify foreign workers of upcoming dismissal.

Thus, the employer is obliged to warn the employee three days before dismissal for the following reasons:

• impossibility of providing the employee with his previous job after the end of the temporary transfer period,
• impossibility of temporary transfer.

Notification of a foreign citizen-employee is strictly in writing.

Where to submit a notice of termination of a contract with a foreign citizen

The notification must be submitted to the territorial migration office. Previously, documents were submitted to the FMS office at the employer’s location.

In 2021, this government body was annexed to the Ministry of Internal Affairs. Now this structure is in charge of issues related to population migration, including from other countries.

You can send a notification in the following ways:

• Personally bringing him to the OMV at his location. The document must be properly registered. Only after it has been assigned an incoming number will it be considered that the authorized body has been notified on time;
• Using Russian Post. A notification letter must be sent. The letter must have a postage stamp. According to this stamp, it will be clear whether the employer met the deadline or not.

There is no possibility of submitting a notification through the official website of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation.

Should I notify the tax office or not?

According to current legislation, only the territorial department of the Ministry of Internal Affairs at the employer’s location needs to be notified of the dismissal of a foreign citizen. But tax authorities often insist that they also be notified. There is no notification form or deadline!

Foreigners are subject to income tax of 30% of their salary. When an employer reports to the Federal Tax Service in Form 6-NDFL, he indicates the status of the employee and the tax rate.

As soon as the foreigner is fired, information about him will disappear from the reporting. For additional security, you can send to the Federal Tax Service office, where the employer is registered as a taxpayer, a simple written notice of the dismissal of a citizen of another state.

Important! You don't have to do this!

Labor law regulations for foreigners

When terminating an employment contract with a foreign worker and in other cases, the provisions of the following articles and laws apply:

• stat. 37 of the Constitution of the Russian Federation;
• special provisions on the work activity of foreigners specified in Chapter 50.1. Labor Code of the Russian Federation, as well as general provisions of the Labor Code that also apply to Russian individuals;
• stat. 13 – stat. 13.6. Federal Law No. 115 of July 25, 2002 “On the Legal...” (hereinafter referred to as Federal Law No. 115);
• international agreements concluded by the Russian Federation with other states (for example, Article 97 of the Treaty on the Eurasian Economic Union, signed in Astana on May 29, 2014).

Also, the labor activity of foreigners is regulated by collective agreements.

Documentation

The dismissal of a foreign employee is formalized by order. It is most convenient to use the unified T-8 form, in the fields of which you only need to enter information about the company and the employee.

The basis for issuing the order is:

• Statement from the employee himself
• Expired employment contract
• Act on the commission of a disciplinary offense by an employee
• Report on unsatisfactory test results, etc.

The employee gets acquainted with the order against signature. Then, based on the order, entries are made in the personal card and work book, and the accounting department makes calculations.

Regular employment

Work permit What is an employment contract with a foreign citizen? According to existing legislation, such an agreement implies an agreement between a representative of the Russian state and a citizen who does not have Russian citizenship. As a result of the agreement, the employer receives fulfillment of his requirements, and the employee receives appropriate payment for his activities.

• By skill level;
• Based on salary or one-time remuneration.

Recording in labor

All required entries must be made in the work book of a foreign worker.

This employer's last record of dismissal will be. It should contain information such as the date of dismissal and its reason, formulated in the same way as in the Labor Code.

As the basis for making an entry, the number of the dismissal order and the date of its signing are indicated.

The work record book is issued personally to the former employee or sent to him by registered mail.

Reasons

In Russia it is not prohibited to appoint a foreign employee to a position. Moreover, this is extremely relevant now. A citizen of another country can bring changes and innovations to work life and help build a business that will attract many investors. In addition, foreigners have a good education, which is certainly an advantage. However, when hiring such a citizen, one should take into account the conditions under which the foreigner stays in the country, because the duration of the employee’s work depends on this.

Foreigners staying in the Russian Federation are divided into three categories:

• temporarily staying (tourists);
• temporary residents (up to 3 months);
• permanent residents (have a residence permit).

Any of the above citizens can be hired.

The employment contract requires the following information:

• conditions of stay in the country;
• purpose of the trip;
• the period when the citizen will have to leave the country;
• date of return to work.

According to the legislation of the Russian Federation, an employment contract is drawn up in two copies in Russian. To avoid discrepancies, it is necessary to translate the agreement into the citizen’s foreign language. Passport data must also be translated and certified with an apostille. The agreement to employ a foreigner is drawn up on an urgent basis or before the expiration of the work permit. Required documents:

• identification;
• Russian-style work book;
• diploma of a higher educational institution;
• a document confirming legal stay on the territory of the Russian Federation (visa, residence permit, migration record);
• work permit.

The grounds for termination of a foreigner’s work activity are:

1. Expiration of the employment contract.

If the TD is concluded for a short-term period, the agreement terminates on the date specified in the document. In addition, the employee’s work permit may expire, which is grounds for automatic termination of the employment contract or its suspension. This is a circumstance that does not depend on the will of the parties and, by law, the employee is dismissed in accordance with the article of the Labor Code of the Russian Federation.

2. Exceeding the number of foreign employees in the organization.

Every year, the government of the Russian Federation establishes the permissible share of foreign workers among general employees. For example, in sports it is possible to employ about 25 percent of foreigners, and 75 percent of Russian citizens. In retail trade the coefficient is 15%.

What payments are due?

In 2021, a foreign employee is entitled to the same cash payments as a Russian citizen:

• Salary for the last period worked
• Prizes and other incentives
• Various allowances provided for in the contract
• Compensation for all vacation days that were not used at the time of dismissal

All funds must be issued in cash or credited to the card account no later than the last business day. Along with the payment, a work book and other documents are issued.

Dismissal procedure

The dismissal of a citizen of another country must be carried out in strict accordance with the stipulated norms of the Labor Code of the Russian Federation. To do this, follow the following sequence of actions:

• a person who independently decides to terminate an employment agreement writes a statement addressed to the head of the organization, in which he indicates his desire to quit. There is no single template for the document, which allows it to be compiled in any form. The main requirement is the presence of the date of preparation and signature of the applicant at the end of the document;

Sample application for resignation of one's own free will without service

It is important to know! If the organization has developed its own form, then it must be provided upon request to the HR department.

• After drawing up the application, it must be submitted to the responsible person or manager for review. This can be done in person or by mail by sending the document by registered mail with acknowledgment of receipt. The document must be provided two weeks before the desired date of dismissal. During this entire period, a person has the right to withdraw the application and continue his work activity without consequences;
• then the employer issues an order to dismiss a citizen of another country. This document is registered in the appropriate journal and handed over to the person for review against signature.

Sample order for dismissal of one's own free will without work

It is important to know! If for some reason a person refuses to sign or get acquainted with the document, then the manager is obliged to read out the contents of the order in the presence of witnesses and draw up an appropriate act.

• the responsible person carries out a full calculation of the payments due to the citizen and enters the data into the appropriate document;
• an entry is made in the work book about the severance of the labor relationship with the citizen, in which it is required to reflect the reason specified in the order (the desire of the employee) and make a reference to Article 80 of the Labor Code of the Russian Federation.

Sample entry into employment notice for voluntary dismissal

On the last working day, a full payment is made to the person. He is given a work certificate against his signature in the accounting journal, other documents, including those requested by the employee himself, as well as cash payments.

It is important to know! A citizen of a foreign state, upon dismissal on his own initiative, has the right to receive all payments provided for by the Labor Code of the Russian Federation, a collective or other type of agreement, as well as company regulations. On the last day, the manager is obliged to give the person wages for the period actually worked, bonuses, allowances and compensation for vacation that was not used, or sick leave. If the manager refuses to give a person the required monetary payments, then he can turn to the regulatory authorities (Labor Inspectorate, trade union) or the court for help.