The dismissal procedure is regulated Labor Code of the Russian Federation. The main act of labor legislation contains a list of articles that describe the grounds for dismissing a person. In the process, it is important to take into account various nuances: from the correct execution of documents to psychological aspects.

Stages (procedure) of dismissal

The dismissal procedure consists of a number of steps. In order for this process to take place in compliance with all labor legislation requirements, it is important to take each of them into account.

During the dismissal process, you must go through the following stages:

• acceptance and registration of applications;
• publication and registration of the relevant order;
• familiarization of the resigning person with this document;
• drawing up a note-calculation;
• making a full settlement with the resigning person;
• a record of the fact of dismissal in the company’s accounting documents;
• receipt by the employee of a work book with the appropriate mark (confirmed by the employee’s own signature);
• the employee receiving a salary certificate (sometimes this step is initiated by the employer, but more often the certificate is issued at the request of the resigned employee).

Dismissal at your own request. Writing an application

The easiest way to quit. Implies submission statements employee independently. An employer, seeing a subordinate’s failure to fulfill his duties, may push him to write a letter of resignation. An employee in this situation receives a good recommendation for further employment.

Dismissal at your own request- the best option. This process occurs quickly and without mutual dissatisfaction. The employee writes an application, and the employer provides a good recommendation. Download an example of such a statement

It is necessary to fire an employee as delicately as possible, without starting conflicts on both sides!

If you refuse to write an application of your own free will, you can use other approaches, but in no case should you make threats. This will make it difficult for the employee to leave and will add problems to the employer.

The employer can do the following:

• Collect a dossier on the employee (complaints from other subordinates, dissatisfaction from clients, memos, etc.).
• Create unfavorable conditions in the workplace (transfer part of the work to other employees, deprive of bonuses and salary increases, prevent movement up the career ladder, etc.).

An employee may react ambiguously to such a state of affairs. After collecting the dossier, the employer calls the employee for a conversation. During the communication process, the employer explains to his subordinate that there are facts that indicate unfair work, and it is better to leave of his own free will than because of a violation of one of the articles of labor legislation. The employee usually agrees to write a statement.

After watching this video, you will learn the correct procedure for dismissal at your own request. What legislative subtleties does the employer rely on when using this form of removal from the workplace, and why should the employee still write a statement.

Dismissal of an employee by agreement of the parties

Dismissal by agreement of the parties– one of the best ways to leave your current workplace. The employer, after preliminary negotiations with his subordinate, can dismiss him at any time, even in cases where the employee is not currently at work due to vacation.

Download an example application for this type of dismissal

One of the parties that initiates sends a written or oral proposal to the other person to discuss the issue. After negotiations and agreement of both parties to stop working together, an agreement is drawn up.

It is best to put it in writing, indicating the date, reasons for leaving the position, as well as the conditions that the employer undertakes to comply with. This form of document guarantees the legality of the actions of the resigning employee and the employer. After signing by both parties, a corresponding order is issued and the contract is terminated. The agreement can be canceled only with the consent of both parties.

With this form, the quitter receives its advantages:

• A link to the Labor Code in the entry that is recorded in the labor record.
• The resigning employee is guaranteed payments.

Compensation to a dismissed employee is paid in the amount specified in the contract. If the agreement does not say anything about the financial component, the payment will be equal to the amount established in the Labor Code. The compensation paid guarantees the employer no cancellation of the agreement. You will learn more about how to calculate compensation.

If an employee is unable to work, the employer may have the right to terminate the contract by mutual agreement.

After watching the video, you will learn how the dismissal procedure is carried out on the basis of mutual consent, what the employer relies on when deciding to relieve an employee of his position, how the situation is resolved peacefully and what the quitter can claim.

Dismissal without the employee's wishes

As a result of economic losses, many businesses are looking to reduce their workforce. Naturally, employees usually do not agree with this state of affairs and are reluctant to leave their positions. In addition, dismissal may be the result of absenteeism, failure of certification, etc.

Dismissal for inadequacy of the position

Sometimes an employee is fired because of his inconsistency with the position held. Removal from the workplace is regulated by passing certification. This state of affairs exists only in those firms and enterprises where there is a special document “Regulations on Certification”, which all employees must be familiar with, and everyone has signed, confirming familiarization.

Knowledge assessment is carried out by a special commission. Only professionals in their field should be members of the certifying community; the manager does not have to be present.

The results of the person being certified are formalized by a separate order.

After passing the certification and receiving an unsatisfactory grade, the manager gives the employee a second attempt to retake the exam questions. In case of repeated failure, the employer has the right to demote his employee. In most cases, the employee does not agree with this and quits.

Removal from a position is not possible if the certification has not been announced in advance.

Refusal from the provided position is documented, and only after this the manager has the right to dismiss under the article in accordance with the Labor Code. The employer should be careful about dismissal, have a general understanding of the employees’ work, and take into account their positive qualities.

Dismissal for absenteeism

According to the Labor Code, violation of labor discipline, including absenteeism, may be grounds for removal from a position. Exemption from the workplace is allowed if the employee is absent for 4 hours without a valid reason and an explanatory note.

As practice shows, the violator is not always fired immediately; most often the employee receives a warning and then a reprimand, which is entered into his personal file. If absenteeism is repeated, the employee is fired. Release from the workplace is supported by several documents and facts: comments, memos, complaints. The employee is dismissed within one month from the date of the offense.

Dismissal due to reduction

Removal from a position due to staff reduction is a rather labor-intensive and very costly process. The employer is obliged, according to labor law, to pay compensation to the dismissed person. The reduction occurs en masse, taking into account the benefits of the enterprise.

Those employees who are laid off must be notified of the reduction two months before the actual dismissal. The employer has the right to offer the employee another type of employment or a change in working conditions:

• another workplace;
• reduction of working hours in the previous position.

If an employee is not satisfied with the conditions, he is laid off. In addition to wages, the employee receives from the company severance pay provided by law and compensation. This is a huge financial cost for the organization, so the employer is looking for compromise conditions for himself and the employee.

Payment of severance pay is made on the last day of his tenure in office. It is 3 average monthly salaries of an employee. If an employee contacts the employment center and cannot find a job, the employer will be forced to pay the former employee a monthly allowance. The amount of payments is equal to his average salary for the last 2 months.

An employer cannot fire the following categories of citizens as a result of staff reductions:

• expectant mothers;
• mothers who raise children without a father;
• women who have at least one child under 3 years of age;
• employees on vacation or on sick leave.

Dismissal as a result of liquidation of the enterprise

When a company is liquidated, all employees without exception are removed from their positions. The company must be notified of the cessation of work 2 months in advance.

The employer draws up a written notice in two copies, signed by both parties, one of which is in his possession, and the other is given to the employee. After 2 months, the employer issues a corresponding order and prepares the necessary labor records for the employees.

Upon dismissal on this basis, all dismissed persons are paid compensation. Its size is determined as the amount of severance pay plus all payments due.

Dismissal during probationary period

An employee who is undergoing a probationary period may be released from the workplace on his own initiative, as well as in the event of unsatisfactory results, poor performance of duties or other offenses.

The employer draws up the relevant document and submits it to the dismissed person for signature. Even if he does not sign, the order is still issued, and the employee is relieved of his position. After this procedure, he is given a work permit and a document with a calculation on which the salary amount is indicated.

An employee, while on a probationary period, may resign on his own initiative. He must notify the employer of his decision in advance. The order is drawn up on the basis of an application from the person resigning. The employer enters a note in the work record and issues a calculation.

Many enterprises provide for working hours. When dismissed from office on this basis, they are 3 days, and counting starts from the day the application is submitted. At the request of the employer, work may not take place.

Dismissal due to failure to complete the probationary period

If the employee failed to cope with his direct responsibilities during the probationary period, the employer has the right to dismiss him from his position. The employee is sent a written document on termination of the agreement. After this, the corresponding order is issued, a note is made in the labor record, and the accounting department makes payments provided for by the Labor Code.

Dismissal of an employee who has disappeared

Release from the workplace on this basis is not carried out immediately. First, a document is drawn up stating that the employee did not show up at work, and search activities begin. Calls are made to relatives and friends, notifications are sent to the addresses indicated in the personal file.

If the above actions were unsuccessful, another person is appointed to the position of the missing employee. The employer draws up an employment agreement with the replacement employee. Such an agreement terminates when the main employee appears at the workplace.

Only a court can declare a person missing. Only in this case the agreement with him is terminated. An entry into the labor record or the corresponding order can be issued several months or even years after the date of disappearance.

The relatives of the missing person receive the payslip and wages. To do this, they just need to provide documents that confirm their relationship with this person.

Documents issued upon removal from office

After terminating the employment agreement with his employee, the employer is obliged to provide him with the following: documents:

• work book with the appropriate notes (see also:);
• 2-NDFL;
• certificate of average earnings for the last 3 months.

How to properly say about dismissal. Psychological assistance

It is not always possible to fire an employee from his or her job without consequences. Important tactfully explain to the employee that the company or enterprise no longer needs his services.

Dismissal starts with explaining to the employee the reasons for his dismissal. Here we can say that he creates a bad atmosphere and does not fulfill his official duties. It is important that the employee understands that he is not being fired just like that, but for certain reasons. You can try negotiation environment, the manager and employee sit down at a round table and discuss the current situation.

The employer is obliged to inform the employee that a few days before his dismissal there will be another conversation with him. It is necessary to warn the employee so that he can collect his thoughts and calm down. The employer can inform the employee about his removal from his position at the interview, discuss the problems that his company could not solve and what exactly needs to be done to change this state of affairs.

Unexpected dismissal from work is stressful for a person. New challenges arise: finding work and livelihood. Important calm and delicate tell the person being fired the bad news.

Before dismissing an employee, familiarize yourself with the basic provisions of the Labor Code. In any situation you need to try to come to an agreement. All controversial issues between dismissed persons and employers are resolved in court.

Such situations are not uncommon at an enterprise when a manager is forced to dismiss an employee under an article. Legally, such a concept does not exist. According to the Labor Code of the Russian Federation, dismissal under the article occurs regardless of the reasons. The fact is that the use of certain norms as a basis for removing an employee from a position can have an extremely negative impact on his future employment. Let us next consider some labor articles on dismissal.

Reduction or liquidation

This is one of the reasons why dismissal may be made. According to Article 81, paragraph 4, only the chief accountant, the manager and his deputy can be dismissed from office in the event of a change in the owner of the company. This provision does not apply to other (ordinary) specialists of the enterprise. When staffing is reduced, some categories of specialists cannot be dismissed from their positions by law. Such “untouchable” employees are considered to be those who have long and uninterrupted experience in a given company or are the only breadwinners in the family.

Inconsistency

As the Labor Code states, dismissal under Article 81, paragraph 3 can be carried out due to incompetence if the specialist is insufficiently qualified, confirmed by the results of certification. A special commission is organized to identify the fact of non-compliance. It usually includes:

• Director of the enterprise.
• Representative of the HR department.
• The subject's immediate superior.

The certification is confirmed by the relevant order. The subject receives a task that does not go beyond the scope of his job description and corresponds to his qualifications and specialization. If the task, in the opinion of the specialist, was not drawn up in accordance with his duties, then the results of the certification can be challenged. To do this, within the period established by law, a complaint is written to the labor inspectorate and a claim is filed with a judicial authority. Based on the results of the certification, a final report is drawn up.

Transfer to another position

Dismissal under Article 81 is permitted if it is impossible to send a specialist, with his written consent, to perform other professional tasks at the enterprise. This may be a free position corresponding to the employee’s qualifications, or a lower or less paid position that can be performed by him taking into account his health. In this case, the employer is obliged to offer all vacancies that meet the above requirements and are available in a specific area. The manager is obliged to offer activities that need to be carried out in another territory if this is expressly provided for in an employment, collective or other contract or agreement. The specialist may refuse the options provided. In this case, the manager can fire him.

Failure to fulfill duties

Dismissal under Article 81, paragraph 5 has a number of features. In particular, a manager can dismiss an employee if the employee repeatedly fails to fulfill his duties without good reason, and a disciplinary sanction is imposed on him. The latter is allowed in the form:

• reprimand;
• comments;
• dismissal from office.

If there are valid reasons for non-fulfillment of duties, the employee must set them out in writing.

Absenteeism and tardiness

A specialist may be absent on site for various reasons. If they are valid, they must be confirmed by relevant papers. For example, if an employee gets sick, he provides sick leave. If the reasons for absence are not valid, then this is called truancy. All circumstances for which the specialist was not at work are set out in writing. The decision to recognize or not recognize them as respectful is made by the head. If there is a need to be absent from the enterprise, you must first write a corresponding statement. It is drawn up in 2 copies, on which the director puts the note “I do not object.” The situation with delays is somewhat more complicated. An employee’s absence from the workplace for more than 4 consecutive hours during a shift (day) will be considered a single gross violation. Thus, if a specialist is an hour late, he cannot be dismissed from his position for this reason. But in case of repeated such violations, disciplinary action may be imposed followed by dismissal.

Embezzlement and theft

These reasons are considered one of the most indisputable of all the circumstances for which dismissal can be carried out under an article of the Labor Code. When committing theft, including petty theft, of someone else's property (in this case, belonging to an enterprise or other employees), its waste, damage or destruction, established by a resolution of the body or officials authorized to consider cases of administrative offenses, or by a court verdict entered into into effect, the specialist is relieved of his position.

As can be seen from the text of the norm, an appropriate act is required, which, in essence, is the result of an investigation. However, often in practice, management shows leniency and offers dismissal at their own request. The article in this case will be different. Theft or other serious violation can affect not only the reputation of the employee himself (even if he is innocent), but also the enterprise itself. The consequences in such situations are almost always dismissal. Under what article to relieve an employee from his position is the choice of the manager.

Drunkenness

The legislation notes several significant nuances to the dismissal procedure for this reason. In this case, a number of conditions must be met. First of all, the fact of being in a state of intoxication directly at the workplace must be recorded, and not just drinking alcohol. Also, the reason will act as a significant circumstance only if the employee appeared at the enterprise in this form during his shift. Thirdly, intoxication is considered not only the state after drinking alcohol, but also any other state that arises from the use of narcotic or other toxic substances.

Loss of trust

Only financially responsible employees can be fired for this reason. These, in particular, include those who have access to money or other assets of the enterprise, receive them, distribute them, store them, etc. Such financially responsible persons may be:

• Cashier.
• Warehouse manager.
• Accountant.
• Economist.
• Salesman.
• Forwarder and so on.

Loss of trust may be the result of intentional misconduct or negligence, a careless attitude to one's duties. As in the case of absenteeism, the employee's guilt must be proven. A report, audit or inventory report can confirm an employee’s unlawful actions.

Dismissal at will: article Labor Code

This is the most common way to terminate a contract. Every day, many employees, of their own free will or on the recommendation of their superiors, vacate their positions in this way. However, from a legal point of view, this will always be a voluntary dismissal. Article TC No. 80 regulates this procedure. It is worth noting that it does not present such difficulties as in other cases. So, if an employee commits any disciplinary offenses, his guilt must be proven.

If dismissal is made at one’s own request, the article of the Labor Code of the Russian Federation only requires that the specialist must notify the employer 2 weeks before the expected date of departure of his intention. In general, the procedure for obtaining dismissal from office in such cases is not difficult. As in other situations, a corresponding entry is made in the labor record: “Dismissal under Article 80.” To begin this procedure, the specialist must write a statement. The employee has the right not to explain the reasons for his decision. The Labor Code article “Dismissal on one’s own” does not carry any negative consequences. However, you should be prepared for the fact that when applying for a new position, the head of another company or a representative of the HR department will be interested in the reasons for this decision.

Design features

The dismissal procedure under this article must be carried out if there are documented grounds. In addition, the mandatory steps that this procedure includes must be followed. There are different stages for each case. However, in any situation, failure to comply with any of them can lead to negative consequences. In particular, an employee can appeal against unlawful actions of the employer.

Witnessing a fact

If there is any violation, this stage is considered mandatory. As stated above, in order to be fired due to drunkenness, it is necessary to demonstrate intoxication directly during working hours, and not just the direct fact of drinking alcohol. Theft is proven in 3 stages. In particular, the legislation requires documentary evidence of the offense, as well as a ruling or sentence. Only after this can dismissal occur.

Warning

This stage also has its own characteristics, which depend on the reason why the employee is leaving. For example, upon liquidation of a company with subsequent dissolution of staff, any other change in the routine of activities at the enterprise and reduction in the number of employees, the employer is obliged to notify specialists 2 months before the date on which these events will be carried out. The same conditions are observed when an unqualified employee is dismissed from his position or when the results of his certification are unsatisfactory. If an employee commits a violation (failure to fulfill duties, absenteeism, non-compliance with company regulations, etc.), the employer is obliged to obtain a written explanation from him. After this, the manager has a month to apply disciplinary action to the employee if the reasons are regarded by him as disrespectful. Only one penalty may be applied for each violation. If, for example, a reprimand was issued for absenteeism, then it is impossible to fire the employee for the same offense.

Introduction to the specialist

This stage consists of notifying the employee and presenting him with the appropriate order. The latter indicates the reason why he is being dismissed from office, the basis and the date. The law requires the signature of a specialist on this document. If the order is refused to be certified, an act is drawn up in the presence of witnesses.

Explanatory

The need for this paper has already been mentioned above. The employer must require the employee to provide a written explanation of his conduct. At the same time, the law does not oblige the employee to write this paper. He has the right to refuse the employer. However, the absence of an explanation does not exempt him from disciplinary action. In any case, it will be issued 2 days after the above requirement is presented.

Order

The law requires the publication of two such acts. The first order must confirm the imposition of a penalty in the form of dismissal, and the second acts as a basis for terminating the employment contract. In most cases, the second edition is sufficient. All regulatory documents must be attached to this order. These include, in particular:

• Details of acts and reports.
• Explanatory (if available).
• Other documents that confirm the existence of a valid reason for releasing the employee from his position.

Dismissal at will (Article 80) provides as a mandatory attachment a statement from a specialist. In this case, there is no need to write an explanatory note; you just need to notify the employer of your intention in time.

Personal documents

The employer is obliged to issue the employee his work book on the last day of the employee’s stay at his enterprise. It should have a corresponding mark. The record must indicate the reason, as well as the article for which the dismissal was made. If the employee considers it unlawful, he can appeal the manager’s decision. To do this, he needs to contact the labor inspectorate or court.

Compensation and payments

They are based on the cost of the dismissal clause. For child care, in the event of staff reduction, liquidation of a company, or on the personal initiative of an employee, the specialist is entitled to certain payments. In particular, he must be paid a salary for the time worked in the month of release from office. The date of dismissal is the last day of work. The employee is entitled to payment for unused vacation and benefits.

Consequences for the employee

They can be different and depend on the article that is indicated in the work book. This can cause various kinds of problems to arise during subsequent employment at another enterprise. Conventionally, the reasons for dismissal are divided into three categories. Each of them provides certain consequences. Thus, the articles are distinguished:

1. Related to the reorganization of the company. If the enterprise complies with the law, the employee must be provided with assistance in placing him in a new place. In this case, the consequences for him are only positive.
2. Not indicated in the work book. For example, there may be a note that the employee vacated the position on his own initiative, but in fact his serious misconduct was simply not made public in order to avoid a scandal. In this case, no particular negative consequences are expected, but questions will arise when applying for a new enterprise in any case.
3. Specified in the labor contract. They can significantly damage your reputation. But in some cases it makes more sense to be honest.

Appealing a manager's decision

If an employee is dismissed without sufficient or legal grounds for this, he has every right to go to court. The authorized body, in turn, at the request of the employee, may make a decision to recover compensation for moral damage from the employer. If the manager’s actions are recognized as unlawful, the employee has the right to ask to change the wording of the reason to “dismissal on his own.” In the same case, if the mark in the document is regarded as invalid, at the request of the employee, he will be given a duplicate. In this case, all entries that were present in it are transferred to the book, with the exception of the one that was declared illegal. The procedure for appealing a decision of a manager is established in Art. 394. In addition to the court, an employee can contact the labor inspectorate and initiate an internal audit at the enterprise to determine whether the activities comply with the law. As practice shows, such litigation does not happen very often. Typically, employees are fired without conflict or fuss.

– the procedure is quite simple and quick if you follow certain rules. This is the most popular reason for leaving, even if there was another, objective reason for the person’s dismissal, since after this it will be easier to find a new job and explain to the new boss the reasons for leaving. It is important not to violate the procedure for dismissal and drawing up and submitting an application, so as not to encounter difficulties in the future.

No one is obliged to disclose the reason for their dismissal of their own free will.

We can talk about leaving a job of one's own free will when the initiative comes from the employee, and not from the boss. However, as you know, there are quite common cases when someone is fired due to his fault, but is allowed to write a statement on his own so that he can easily get a new job.

If a person decides to leave on his own, voluntarily, he can write a statement at any time, and this does not require the consent of the manager or director. The dismissal procedure will be as follows:

• It is written. This is done in advance, usually two weeks before the actual departure.
• The application must be submitted to the personnel department, where a dismissal order will be drawn up. This order officially states all the details and conditions under which the employment contract will be terminated.
• The employee must read this order and put his signature confirming this fact. If for some reason the employee is absent and cannot read the order, a corresponding note is made and the signature of the personnel department employee or manager is affixed.
• The person leaving must also receive a paycheck. All amounts due to him (salary, bonuses, etc.) can be received on the last day of work in this organization (this is the date that was indicated in the application as the date of dismissal).
• An appropriate entry is made about the day and reason for dismissal. This is also done by the personnel employee. The work permit is issued in person or sent by mail if it is impossible to pick it up in person.

It is worth remembering that such departure from work is the right of any person. The employer cannot limit or withhold it, or refuse to pay the employee. There is no need to indicate or even name the reason for your departure.

If an employee agrees to work the required 2 weeks, complies with all the rules of the dismissal procedure and submits a statement on time, he is not required to explain his resignation.

Application and deadlines for its submission

Dismissal at your own request: you can write by hand

Of course, it is advisable to notify your superiors of your desire to quit before you do so. During this time, all the nuances can be discussed, and the boss can find a new employee to replace the departing one.

After all issues have been resolved, you can write a statement. It is written extremely simply. All you need is one phrase: “Please fire me voluntarily” and a date that can be considered the day of dismissal. Of course, you need to indicate the name of the organization, the name of the director, signature and date of preparation. That's all it takes.

There is no need to indicate the reason for leaving, and no one has the right to demand this from an employee. However, if the employee does not wish to do so after writing the application, he must indicate the reasons for his refusal. In some cases, documentary evidence may be required to prove that it is necessary to resign immediately and without work.

As mentioned above, the application must be submitted two weeks before the actual departure or earlier. That is, if a person submits an application on March 3, he will be fired on March 17. This period may be shorter if both the employee and the management have agreed on this matter.

If a person quits during the probationary period, he notifies the boss 3 days before leaving. The head of the organization may resign with a month's notice, since it is more difficult to find an employee for this position. Working pensioners are not required to work; they can leave immediately after writing an application.

If the application was submitted in advance, and then the employee fell ill and went on sick leave, then the day of dismissal may fall on sick leave. This date does not change or be postponed unless the employee himself withdraws his application. Accordingly, wages are paid for all days worked and that part of the sick leave that fell before the date of actual dismissal.

If after this the employee continues to be ill, the organization is not obliged to pay him.
However, if an employee first quit and then fell ill within a month after leaving (provided that he did not get a new job), he can still count on a payment of 60% of average earnings.

If the dismissed person continues to be ill and cannot come to the workplace after dismissal, a note is made in the order that he cannot be familiar with the order. He can pick up the work permit and receive payment at any time. The due amounts must be paid to him on the same day or the next day after filing the relevant claim. This applies to salaries and compensation for.

Sick leave benefits are accrued in the same way as for working employees, that is, within 10 working days after submitting sick leave and are accrued on the day of the next payment.

Possible difficulties

Dismissal at your own request: entry into the labor record

Although such a procedure as voluntary dismissal is not often accompanied by difficulties, sometimes they do occur. More often they are associated with formalities, but even if all norms and rules are observed, difficulties can arise due to disagreement between the employee and management. Common difficult situations:

• The quitter forgot to indicate the date of dismissal and indicated only the date of filing the resignation. This should be avoided, since management in this case may determine the date on their own, which the employee will not agree with. If the application has already been submitted, you can attach another document to it, in which you can indicate the date of dismissal.
• The last day of work falls on . If the last working day is a non-working day, you can postpone the dismissal date to the next working day. For example, the application was submitted on February 23, 2016, and the dismissal date falls on March 7, a non-working day. In this case, the date of dismissal can be considered March 9.
  The phrases in the statement are blurred. Typically, a sample application can be found from a human resources employee.

You should clearly state your desire to leave your job with phrases like “please fire me”, “please terminate”, etc. You should not write “I ask to be relieved of my powers”, “I ask to be considered free” and so on. These phrases are vague. Moreover, this is risky specifically for the bosses, because then the employee can claim that he meant something else, a vacation or another position.

The employee wishes to withdraw his application. It is believed that it is possible to withdraw an application for the entire period before the day of dismissal if you write a corresponding petition. However, there are some nuances here:

• It will not be possible to withdraw the application if during this time the management has already found a new person for this position and formalized it.
• No signature. The application contains a small number of details; remembering them is not so difficult. Signature is one of the required items. Moreover, it is advisable to put not only a signature and its transcript by hand, so that later no one can say that the signature was forged.
• The application indicates the date of dismissal without work. In this case, the decision is up to the authorities.
• If he has no desire to keep the employee further, he will sign the order and release him without work. If there is a need to work, he will notify the employee that such a statement has no legal force, and he is obliged to work for 14 days.

To avoid such difficulties, you need to discuss such issues with your superiors in advance and follow all the rules of the dismissal procedure.

We find the answers in the video material - dismissal at will:

Dismissal at will (clause 3, part 1, article 77 of the Labor Code of the Russian Federation): an approximate step-by-step procedure

DISMISSAL AT YOUR OWN WISH:

SAMPLE STEP-BY-STEP PROCEDURE

Dismissal practice >>

In accordance with clause 3, part 1, art. 77 of the Labor Code of the Russian Federation, the basis for termination of an employment contract is termination of the employment contract at the initiative of the employee.

According to Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by the Labor Code of the Russian Federation or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. Following , please note that p on an agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal. In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application. Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

1. Receiving a resignation letter from the employee at his own request.

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by the Labor Code of the Russian Federation or other federal law.

Step-by-step procedure for voluntary dismissal for an employee whose probationary period has not yet expired is similar, but pay attention to the warning period. If during the probationary period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request by notifying the employer in writing three days in advance.

2. Registration of application in the manner established by the employer, for example, in the logbook for recording employee statements.

3. Issuance of an order (instruction) on the termination (termination) of an employment contract with an employee (dismissal).

4. Order registration(orders) in the order established by the employer, for example, in the log of orders (instructions).

5. Familiarization employee with an order (by order) employer on termination of the employment contract against signature.

This is the next step step-by-step procedure for dismissal at your own request. In the event that the order (instruction) on termination of the employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it under signature, on the order (instruction) needs to be done corresponding entry (part 2 of article 84.1 Labor Code of the Russian Federation)

6. Drawing up a settlement note upon termination (termination) of an employment contract with an employee (dismissal).

7. Payment to the employee.

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment. In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article (Article 140 of the Labor Code of the Russian Federation).

According to Part 1 of Art. 127 of the Labor Code of the Russian Federation, upon dismissal, an employee is paid monetary compensation for all unused vacations.

8. Making a record of termination of the employment contract in the work book and personal card.

The employee certifies these records with his signature in the prescribed manner.

According to clause 10 of the “Rules for maintaining and storing work books, producing work book forms and providing them to employers”, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books”, all records about the work performed, transfer to another permanent job, qualifications, dismissal, as well as awards made by the employer, are entered into the work book on the basis of the relevant order (instruction) of the employer no later than a week, and upon dismissal - on the day of dismissal and must correspond exactly to the text of the order (instruction).

According to clause 12 of these Rules, the employer is obliged to familiarize its owner with each entry made in the work book about work performed, transfer to another permanent job and dismissal, against the signature of his personal card, which repeats the entry made in the work book. The form of the personal card is approved by the Federal State Statistics Service.

9. Making a copy work book dismissed employee for the employer's archive.

10. Issuance of a work book to the employee on the day of dismissal.

If it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to come for the work book or agree to send it by mail. Notifications are registered in the manner established by the employer, for example, in the register of notifications and proposals to employees. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.

11. Confirmation of the fact that the employee has been issued his work book. The employee confirms with his signature the fact of receipt of his work book in the book of registration of the movement of work books and inserts in them. The form of this book is approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69 “On approval of the Instructions for filling out work books.”

12. Issuance of a certificate/certificates regarding the amount of earnings(clause 3, part 2, article 4.1 of the Federal Law of December 29, 2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”).

If an employee refuses to familiarize himself with the order (instruction) to terminate the employment contract, it is also advisable to draw up an act on the employee’s refusal to familiarize himself with the order (instruction), which is signed by the originator and the employees present at the refusal (the law in this case does not require drawing up an act, but in the event of a lawsuit dispute act may be useful as additional evidence that the employer is right). The act is registered in the manner prescribed by the employer in the appropriate registration journal. This will be an additional step in step-by-step procedure for voluntary dismissal.

There are a huge variety of reasons why an employee may be fired. If the manager makes such a decision, then you first need to figure out what the procedure for dismissal should be from a legal point of view.

Main reasons for dismissal:

1. The employee’s initiative or, as they say, one’s own desire is the most painless option for both parties.

2. Insufficient competence of the employee - if the results of the certification carried out at the enterprise are considered unsatisfactory.

3. Failure to comply with labor discipline on the part of the employee.

4. Disclosure of secrets (commercial, state).

5. Theft (embezzlement or destruction) of government property.

Can be done within a month from the date of its commission. All facts of absence of an employee on site, except for illness (of him or his relatives), accident, fire or transport disruptions, are considered an unexcused reason.