How to fire if your spouse is transferred to a new duty station?
Art. 80 of the Labor Code of the Russian Federation contains rules allowing the dismissal of employees without observing the employer’s notice period. This category of persons includes wives of military personnel.
To resign under the article on change of residence in connection with the transfer of a military man’s husband to a new place of service, you must follow the following procedure:
- The wife of a serviceman writes and submits a letter of resignation to the employer. Such a document does not have a special form; it is drawn up in free form on a white sheet of A-4 format. Mandatory information that must be indicated in the document: in whose name the application is written;
- on whose behalf the document is drawn up;
- Title of the document;
- request to dismiss at your own request due to the transfer of the serviceman’s spouse to another area without working for 2 weeks;
- desired date of termination of the employment contract;
- signature and transcript;
- date of application.
The application can be written by hand or typed on a computer. The main thing is that the signature on the document is “alive”.
It is recommended not to use the preposition “c” in the document before the date of dismissal. He can be misleading.
An example of a correctly completed application:
Documents confirming the existence of a valid reason must be attached to the application.
The manager is obliged to submit an approving resolution through a proxy or send it by mail (letter of notification).
- Based on the woman’s application, the employer issues a dismissal order in the standard T-8 form. It is permitted to use another form approved by the enterprise. The main thing is that all mandatory items are included in the document: the title of the document, the name of the company, the date of dismissal, information about the employee, the basis for termination of the contract, the manager’s visa and the signature of the employee. The woman must be familiarized with the order and signed. If the employee does not want to sign the order, the employer draws up a corresponding act. However, with this option of dismissal, this happens extremely rarely.
- Based on the order, accounting employees accrue the required amounts and make the necessary deductions. They also draw up a settlement note.
- The HR department closes the employee’s personal card. The employee must sign in specially designated areas of the document.
- A corresponding entry about dismissal is made in the work book with reference to clause 3 of Art. 77 of the Labor Code of the Russian Federation – moving to a new place of residence.
- On the day of dismissal, the employee must receive a full payment and work book. If a woman does not come to her place of work on the day of payment, the employer sends her a written notification about the need to pick up the documents or give written permission to send them by mail.
Important! An employer can be held liable for failure to comply with the law.
Additionally, the discharged wife of a serviceman is given the necessary certificates.
Certificates must be issued: 182-N - for calculating benefits and certificates for the pension fund - SZV-M and SZV-STAZH.
If an employee needs additional certificates, she writes a statement, and within 3 days the employer issues them to her.
Do I need to work 2 weeks?
An employee whose husband is being transferred to a new duty station does not need to work for two weeks, since she has a valid reason for dismissal.
The main thing is to indicate the reason in the application and attach to the application documentary evidence of the transfer in the form of a certificate from the place of service of the serviceman’s husband.
Sample entry in wife's work book
An entry in the work book is made by a personnel specialist or other responsible person.
All entries are made on the basis of the norms established by law (instruction No. 69 on filling out work books).
Entries are made in the following order:
- In column 1: a serial number is entered.
- Column 2: indicates the date of dismissal.
- In column 3: a record of the fact of dismissal is made with reference to clause 3, part 1, article 77 of the Labor Code.
- Column 4: details of the dismissal order are written down.
- In the line below, the responsible employee writes his position, signs and decrypts it.
- The final step is to place a round seal of the enterprise in the work book.
Important! The reason for dismissal must be stated in the work book - due to a change of place of residence.
An example of making an entry in the work book by a responsible employee:
Errors and corrections in such documentation are not permitted. If they are committed, then they need to be corrected correctly, in accordance with instruction No. 69. Crossing out an incorrect entry is strictly prohibited.
The line below contains the next serial number and the phrase that the previous entry should be considered invalid. Current information is included below.
The procedure for dismissing the wife of a military man
The norms of Russian labor legislation in Article 80 of the Labor Code of the Russian Federation provide for the possibility of terminating labor relations at the employee’s own request.
At the same time, he must notify the management of the enterprise two weeks before dismissal of his intention to terminate the employment relationship.
This is necessary so that a new specialist can be found for the vacant job.
During this time, the employee himself has the right to change his decision and continue to work, although it is important to remember here that only in cases where, by written transfer, another person was not invited to take his place and has already left his previous place of work.
All grounds for dismissal are considered in Article 77 of the Labor Code of the Russian Federation.
Dismissal due to the husband's transfer to a new duty station is not specifically indicated in this article.
Article 80 of the Labor Code of the Russian Federation mentions that an employment relationship with an employee can be terminated without working for two weeks when he enters study or in connection with retirement, as well as in other cases when life circumstances do not allow him to continue working.
Such grounds include an order from the command of a military serviceman’s spouse of an employee about the need to arrive for service in another locality.
If, during a regular dismissal, a person has the right not to delve into the reasons why he wants to leave the enterprise, in this case, in order for the application to be reasonably signed by the manager to draw up documentation on the termination of labor obligations from the date indicated by the employee, and not two weeks later, you need to write a specific reason.
In this case, it is the husband's transfer.
Also, the application must be accompanied by relevant documents confirming the motivation for dismissal.
To do this, you need to take a certificate from your husband’s military unit about his transfer, officially certified by signature and seal.
The manager is required to sign the resignation letter from the date specified in the application if supporting documents are available.
The Labor Code of the Russian Federation does not specifically indicate this reason as valid. However, in the full list of valid reasons presented in Resolution of the Plenum of the Armed Forces No. 2, the transfer of a husband (a military serviceman) to a new place of service is noted as a sufficiently compelling reason for the unhindered termination of the employment relationship by his wife from the date that she indicates in the application without working off.
It is important to take into account here that even if, while on her next vacation, a woman learned about the need to move in connection with the transfer of her husband, she has the right to apply for dismissal with the appropriate certificate and be dismissed without working and delaying time.
If it is impossible to submit an application in person, she can send it by registered mail with a notification, a list of enclosed documents and a request to send personal documents (work book, certificates, copies of orders) also by postal mail to the specified address.
The same applies to the wives of military personnel who are on maternity leave, who actually do not work, but are on the staff of the enterprise and retain their jobs and accrue seniority.
Dismissal due to the transfer of a military man's husband, the entry in the work book must reflect precisely this moment in order to be able to receive certain benefits and benefits.
According to the first paragraph of Article 84 of the Labor Code of the Russian Federation, the entry in the work book about the reasons for termination of the employment contract must comply with the wording of the labor legislation of the Russian Federation (Labor Code of the Russian Federation) or another Federal law on the basis of which a person is dismissed with reference to the article of this Federal Law.
Article 77 of the Labor Code of the Russian Federation, indicating the general grounds for termination of employment relations, allows for other grounds that may be provided for by other Federal Laws, that is, the legislator recognizes that the Labor Code does not fully provide for the reasons for dismissal.
Clause 5.6 of Instructions for filling out work books No. 69, approved on October 10, 2003, states that in the event of dismissal of an employee who has made such a decision with existing grounds for providing him with certain benefits, the entry must clearly indicate exactly this reason.
Therefore, if there is an application from an employee with supporting documents that she is resigning of her own free will due to her husband moving to another area for further service, the employer must indicate exactly this reason.
The grounds for dismissal both in the dismissal order and in the work book must match.
That is, in the work book the entry should look like this:
- dismissal at his own request, in connection with the transfer of the military man’s husband to work in another area, paragraph 3 of Article 77 of the Labor Code of the Russian Federation.
Otherwise, the procedure for dismissing the wives of military personnel does not differ from the procedure for terminating relations with employees of an enterprise or organization on their initiative.
1. First of all, there must be a statement from the employee requesting dismissal, indicating the reason, written in any form addressed to the head of the organization.
The application must indicate to whom it is addressed, that is, the director of the company, the head of the enterprise (indicate the position, surname and initials of the boss).
Next, you should definitely write a statement from whom, indicating your position, personnel number, your last name, first name, patronymic and contact information (address, telephone).
In the text part, the request for voluntary dismissal is written and the reason is indicated - the transfer of the husband to another city for military service.
The application should indicate specifically the date from which the dismissal must be formalized and, at the end, the date the application was written, with a personal signature.
Also, in the list of attached documents, you need to indicate a certificate confirming the transfer of your husband.
2. Based on the submitted application and the attached certificate, an order (instruction) is issued for the enterprise on termination of the employment relationship, which must be properly registered in the order register, assigning a specific number and indicating the date of issue.
3. The employee must be familiarized with the dismissal order against signature.
A woman who has expressed a desire to resign in this case is, in principle, unlikely to refuse to sign when it is necessary to draw up an act signed by witnesses stating that the employee is familiar with the reasons and date of dismissal.
4. Relevant entries are made in the employee’s work book and record card.
5. On the last day of work, the woman is given all the necessary documents.
These include a work book, copies of orders for employment and termination of employment, a certificate from the accounting department for two years on average earnings for calculating sick leave, and a certificate for the last two months for calculating benefits.
6. Also on the last working day, full payment is made.
That is, it is issued:
- salary for the time actually worked after the last cash payments;
- when bonuses and other monetary remunerations are calculated for this period, upon dismissal, they are also paid;
- in case of remaining unused vacation days, accrued compensation for them.
Here you must also keep in mind that if the vacation was used in advance, without having yet worked the allotted time, the amount of vacation pay issued in advance will be deducted from the amount of the estimated funds.
When a manager tries to persuade a woman to resign by agreement of the parties, when she submits an application, indicating the reason for dismissal, the transfer of her husband to another locality must in no case be agreed upon.
She will lose the right to receive benefits provided for by Order No. 265.
conclusions
Let's highlight a few key points on this topic:
- A woman’s dismissal due to the transfer of her military husband is carried out without working for 2 weeks.
- In order for the dismissal to take place due to a change of residence, the woman must indicate in the application the actual reason for leaving and document the validity of the reason.
- Dismissal due to transfer is made on the basis of clause 3, part 1, art. 77 Labor Code of the Russian Federation.
- The wife of a serviceman has the right to ask for a convenient date for leaving, and the employer has the right to agree on it.
- An entry in the work book is made by the responsible employee on the basis of instruction No. 69. Errors and corrections are not allowed here.
- On the last day of work, a woman receives a work book, her salary, and the necessary certificates.
Required documents
When leaving voluntarily in connection with the transfer of a military man's husband, a package of documents is collected confirming the reason why the woman is leaving work. You can use the remaining days of your planned vacation before paying off.
Application form
The application is written in any form addressed to the head of the organization. It states:
- Full name of the manager, his position;
- position and full name of the subordinate, personnel number, telephone number for quick communication, home address;
- a request for voluntary resignation, indicating the reason - transfer of the husband to another place of service;
- date of dismissal;
- signature of the resigning employee.
The application is accompanied by a list of documents confirming the reason for leaving work, including a certificate confirming the transfer. The application can be written by hand or typed on a computer. From the moment the dismissal order is issued, the continuous work experience of the military spouse is maintained for 30 days.
The dismissal of a serviceman's wife in connection with the transfer of her husband provides for preferential payments. Without specifying the main reason, a change of place of residence is not grounds for receiving monetary compensation. In this case, the employee is obliged to work for 2 weeks, as with the usual termination of an employment contract. Therefore, it is important to complete all documentation correctly.
Order on termination of labor relations
The employee must submit an application to the human resources department, after which an order to terminate the contract is issued, which indicates the date of dismissal in accordance with the application.
The employee must be familiarized with it against signature. The basis from this document must coincide with the entry in the work book.
The next day, the employee is given the following documents:
- Work record book (it is necessary to check the accuracy of the dismissal record so that in the future there will be no difficulties with getting a job and determining length of service).
- Copies of hiring and dismissal orders.
- A salary certificate for 2 years for calculating sick leave, a salary certificate for 2 months for calculating benefits.
A calculation is made - wages are issued for the time worked, bonuses if they are provided for in the contract, severance pay, compensation for unused regular vacation.
Payments due
When leaving work for this reason, a woman has the right to receive a cash benefit in the amount of two months' salary, if the procedure for terminating the employment relationship is fully followed and the correct grounds for dismissal are indicated.
At the new place of service, the husband submits a report on the basis of Order No. 265 of July 11, 2002, according to which the wife is paid severance pay. The following documents are attached to the report:
- certificate of salary of the spouse from the previous place of work;
- a certificate from the previous place of service stating that benefits were not paid;
- extract from the wife's work book.
Payment deadlines are not established by law. The money arrives within a month.
Transfer of a serviceman for various reasons:
Depending on the circumstances of the transfer of military personnel to a new duty station, the main conditions of this procedure can be divided into three large groups:
- For official reasons (including without the consent of the serviceman). In practice, this basis is also equivalent to a transfer in connection with organizational and staffing measures or a planned replacement.
- At the personal request of a serviceman (including for family reasons).
- Due to circumstances related to training in military educational institutions.
The latter option is described in particular detail in Article 15 of the Regulations on the Procedure for Military Service, with regard to the consequences of potential expulsion from military educational institutions for indiscipline, poor academic performance or unwillingness to study, as well as for refusal to enter into a contract. This is due to the legally established norm, according to which those expelled from military educational institutions become obliged to serve a period of military service upon conscription. However, for them the period of military service before entering a military educational institution and during training is counted, based on the standard rule - two days of military service under a contract (in a military educational institution) for one day of military service on conscription.
Military personnel with the military ranks of officers and warrant officers/midshipmen (as well as male contract soldiers in any rank), expelled from military educational institutions, postgraduate studies, military doctoral studies, but at the same time wishing to continue military service and enter into a new contract, have the right to do so . They are sent to a new place of military service, where they enter into a new contract for military service.
According to official needs
A serviceman performing military service under a contract may be transferred to a new place of military service due to official necessity with appointment both to an equal military position and to a higher one. In the latter case, transfer in the order of promotion with appointment to the highest military position is carried out exclusively with the consent of the serviceman himself.
If there are organizational and staffing measures in a military unit, the commander has the right to:
- place the serviceman at disposal for a period of no more than six months;
- offer to occupy a higher or lower military position with the consent of the serviceman;
- appoint to an equal military position without the consent of the serviceman.
During organizational and staffing events, a military personnel may agree to be transferred to a new place of military service (if appointed to a higher or lower military position), declare a refusal to be appointed to a higher or lower military position and desire to resign from military service on the grounds in question.
A transfer with appointment to an equal military position (including as a planned replacement for further service in areas with special conditions) can be made without his consent, except for the cases specified in Article 15 of the Regulations on the Procedure for Military Service.
At personal request
At the personal request (report), contract military personnel are transferred in three cases, one way or another related to the health status of themselves or their family members:
- If the climate of the area where the service takes place is not suitable for the soldier due to his health condition.
- If a serviceman has a minor child, student children under 23 years of age, or disabled children, and they cannot be in the climatic conditions of the area where the soldier serves.
- If a serviceman needs to care for elderly or sick parents, brother, sister, grandfather, grandmother or adoptive parent in the case when loved ones are not on government support.
The possibility of such a transfer in the latter option is regulated by the conclusion of doctors and social workers. The need for transfer in other cases is determined only by the results of a military medical commission.
Without his consent
The transfer of a serviceman to a new duty station without his consent is carried out in any case when, taking into account the nature of the crime committed, the serviceman who has been sentenced to a restriction on military service cannot be retained in a position related to the management of subordinates. But this happens very rarely.
Much more often, a transfer to another duty station, which does not require the consent of the serviceman himself, is carried out due to official necessity with an appointment to an equal military position (including in the order of organizational and staffing measures or a planned replacement for further service in areas with special conditions). It can be carried out, with the exception of the cases specified in Article 15 of the Regulations on the Procedure for Military Service, which relate to the above-listed grounds for transfer at a personal request.
For family reasons
The transfer of a serviceman for family reasons to a new place of military service is carried out in the same cases as indicated above as carried out at a personal request for those serving military service under a contract. Of course, with the exception of the basis of an unsuitable climate for his own health.
That is, the impossibility of living for family members of a serviceman (wife, husband, children under the age of 18, student children under the age of 23, disabled children, as well as other persons dependent on the serviceman and living with him) is taken into account, confirmed by doctors. him) in a given area or the need for constant care for a father, mother, sibling, grandfather, grandmother or adoptive parent living separately who are not fully supported by the state and need constant outside care (assistance, supervision).
What does the law say?
Paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004 provides explanations for dismissal in connection with the husband’s transfer to a new place of service.
The wife (husband) of an employee in military structures is obliged to notify the reason for termination of the contract so that the boss does not demand to stay at work for another 14 days.
Important! To confirm the reason, the person resigning must provide a certificate of transfer of the spouse to another region. If a person provides train tickets, but there is no document about changing the city from the military unit, then the boss may offer to stay for 2 weeks if the departure falls within this time.
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How to make an application correctly?
A request for resignation upon transfer of a spouse to a military unit in another region does not have a specific form. But there are points that must be present in the application. What must be indicated in the paper:
- full name of the director;
- Full name and position of the subordinate;
- request for dismissal;
- the reason for termination of the contract (the grounds must be indicated in the Labor Code of the Russian Federation);
- desired date for termination of the contract;
- date and signature of the employee.
You can write the application yourself, or you can print it out on your computer.
Important! If the contract is terminated due to a change of place of service of the spouse, the length of service is not interrupted if the person has not found a job within 30 days from the date of the order.
There is no need to write in the application “I ask you to terminate the contract with me as of June 25.” The preposition “with” in this case can create confusion in the personnel department, and the person may be fired earlier or later than he needs. You should write “I ask you to terminate your employment contract with me on June 25.” What will be indicated in the work book?
When leaving, it is important what reason is given for leaving. Termination of the contract on the basis of a change of residence does not imply the accrual of additional compensation and lack of work. If a subordinate indicated in the application that she was leaving on the basis of a change in her husband’s place of service, then this reason must be indicated in the work book with reference to paragraph 3 of Article 77 of the Labor Code of the Russian Federation.
