Basics of termination of an employment contract. Early termination of a fixed-term employment contract. Conditions and procedure for termination of the contract

2018-02-28T17:13:41+00:00

One of the grounds for termination employment contract is termination of an employment contract at the initiative of the employer. An enterprise can terminate a working relationship for a strictly limited list of reasons, unlike an employee. Termination of an employment contract at the initiative of the employee is possible at any time without specifying reasons.

Working relationships are always accompanied by the conclusion of a contract. And when it is necessary to resign, you should know how to terminate it correctly. All agreements, including employment agreements, can be terminated. This can happen either voluntarily or compulsorily. In the Labor Code of the Russian Federation (Labor Code), termination of a contract is regulated in Chapter 13. The code prescribes the procedure for severing working relationships, depending on the situation and who the initiator is. Let's consider termination of an employment contract at the initiative of the employer, employee and by agreement of the parties.

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Termination of an employment contract under the Labor Code of the Russian Federation

The contract end date is the last working day. According to the Labor Code of the Russian Federation, an entry is made in the work book indicating the article and paragraph of this code on dismissal. On the same day, documents are issued and full payment is made.

If an employee forgot or was unable to pick up the book, he is sent a notification about the need to pick up the document from the HR department. An employee may send an application to the employer with a request to send documents by mail or other means, and the organization is obliged to comply with the request within three working days.

When dismissing a foreign citizen within three working days, the employer is obliged to notify this fact territorial bodies of the Federal Migration Service and the Federal Tax Service, as well as the employment center

It's useful to know what to do if you get paid.

General grounds for termination of an employment contract

Possible reasons for termination of cooperation are indicated in Art. 77 Labor Code of the Russian Federation. So, let's list the general grounds for termination labor relations:

The end date of the work contract has arrived.
Termination of the contract at the initiative of the employee.
Mutual desire of the parties.
The employer's initiative to sever the working relationship.
Transfer of an employee to another organization at his request or consent, or appointment to an elective position.
The employee’s refusal to continue working relations with the new owner of the organization’s property, unwillingness to cooperate in connection with the reorganization of the enterprise.
Refusal of a worker to work under the changed terms of the agreement (Part 4 of Article 74 of the Labor Code of the Russian Federation).
The employee’s refusal to transfer to another job prescribed to him by a medical certificate issued in accordance with federal laws and other legal regulations of the Russian Federation, or the absence of the required position from the employer (Parts 3 and 4 of Article 73 of the Labor Code of the Russian Federation).
Refusal of the employee to be transferred with the organization to another location.
Circumstances beyond the control of the parties.
Concluding an agreement with violations of the law that do not allow continued cooperation.

Fact
For persons who have not completed the probationary period, a special procedure for dismissal is provided. Acts and reports from managers on unsatisfactory test results are attached to the documents. Notification of the decision not to employ this citizen must be given to him no later than three days before the layoff

Termination of an employment contract at the initiative of the employee

A worker can resign by at will. It is not at all necessary to indicate the reason in the application; the main thing is to notify the employer at least two weeks in advance.

Important
Employees holding a position within the management of the organization are required to notify their superiors of their dismissal at least one month in advance.

At the same time, the employee retains the right to change his mind and withdraw the application if they did not have time to invite another specialist in his place, who cannot be denied employment under the law.

There is no need to work for two weeks for those who leave work due to relocation, admission to educational institution, due to retirement.

Termination of an employment contract at the initiative of the employer

An enterprise can terminate a working relationship for a strictly limited list of reasons (Article 81 of the Labor Code of the Russian Federation). Thus, termination of an employment contract at the initiative of the employer may occur due to:

. The employee must be paid severance pay, he also retains no more than twice the average salary for the period of employment.

Important
The organization must notify about the planned reduction at least two months in advance against signature

Reduction of the organization's staff. If the employer has no vacant positions, then the dismissal procedure is similar to layoffs due to the liquidation of the enterprise.
Loss of trust in financial employees.
Providing false information during employment.
Insufficient qualifications of the employee for the position held.
Failure of a worker to fulfill his duties in the event of a recorded disciplinary offense.
Failure to comply with work techniques, which resulted in consequences, for example, an industrial accident.
A serious one-time violation of work duties - absenteeism, appearing in a drunken state at the workplace.
Theft or damage to the organization's property.
Disclosure of commercial and other secrets protected by law.

Categories of hired employees who cannot be dismissed at the initiative of the organization

The Labor Code of the Russian Federation provides for cases when the reduction of certain categories of workers is not allowed. Thus, the code protects the interests of pregnant women, women on maternity leave before the child reaches 3 years of age, single mothers with children under 14 years of age or under 18 if the child is disabled. Persons in whose care there is a child without a mother are not subject to dismissal.

The exception is the liquidation of an enterprise, in which case all employees of the organization remain without work.

Termination of an employment contract by agreement of the parties

The mutual desire of the parties to terminate the working relationship is formalized by the worker’s application for dismissal, indicating clause 1 of Article 77 of the Labor Code of the Russian Federation. Even if the offer came from the employer, termination of the employment relationship by agreement of the parties looks almost the same as dismissal at the request of the employee. The difference lies in the wording of the order and the fact that when registering with the employment center, former employee the benefit will be determined in the amount of the official salary paid for last place employment.

When the parties to the working relationship come to a common desire to end it, they sign an agreement to terminate the employment relationship. It is attached to the main agreement.

Termination of cooperation due to circumstances beyond the control of the parties. Such wording may appear in documents if:

the worker was called to military service;
by decision of the court or labor inspectorate, the former employee was reinstated;
it is not possible to satisfy the employee’s request for transfer to another position;
the worker is disqualified by a court decision, sentenced to punishment, and is subject to administrative liability that does not allow him to perform his duties;
according to a medical report, the worker is declared incapable of work;
the employee is officially declared missing or dead;
extraordinary circumstances occurred, recognized by a decision of the Government of the Russian Federation (accidents, epidemics, wars).

If circumstances arise that are independent of the will of the parties, it is required to provide a document confirming their occurrence, for example, a death certificate, a court decision, a summons from the military registration and enlistment office. It is on the basis of this document that the dismissal order is issued.

Termination of cooperation due to violations during employment

If the labor inspectorate discovers violations committed during the employment of citizens, then cooperation with them may be terminated. As a rule, the reason is a ban on holding a certain position or performing this type work by court order or for health reasons. Cooperation may be terminated if the organization hires a person without the necessary specialized education.

If the employer made a mistake during employment, he pays the dismissed person severance pay in the amount of the average salary. If an employee intentionally provides false information, he is dismissed at the initiative of the employer.

Termination of a fixed-term employment contract

When the working relationship is formalized for a certain period, the termination of a fixed-term employment contract is formalized in accordance with Article 79 of the Labor Code of the Russian Federation. Regardless of who initiated the dismissal, notice of termination must be given to the other party no later than three days before the date of dismissal.

Cooperation formalized for a certain period for the purpose of performing specific work, replacing the main employee, performing seasonal work, accordingly ceases to be valid at the moment the completed work is handed over, the replaced employee enters workplace, at the end of the season.

Important
According to Art. 79 of the Labor Code of the Russian Federation, the employer three days before the specified date is obliged to warn the worker in writing about dismissal, otherwise employment is considered to be issued for an indefinite period (Article 58 of the Labor Code of the Russian Federation)

Termination of an open-ended employment contract

When applying for employment in a vacant workplace, as a rule, an open-ended employment contract is drawn up, the sample of which depends on the position occupied. It contains information about the employer, employee, position, job responsibilities, dates of entry to work, probationary period, working hours and rest hours, salary.

Interesting
If the employment was arranged for a certain period, but neither party expressed a desire to terminate cooperation by the end of the period, then the employment contract for the worker becomes indefinite

Termination of an open-ended contract occurs for the reasons listed in Art. 81 of the Labor Code of the Russian Federation, i.e. on general grounds. It is imperative that you follow legal requirements and issue the necessary orders and notices within the time limits specified by law.

Notice of termination of the employment contract

In accordance with the law, the party wishing to terminate the working relationship is obliged to send the other party a notice of termination of the contractual relationship; the sample contains data on the organization, employee, and contract. The text of the document indicates the reasons and date of dismissal.

Important
The notice is issued against the signature of the employee. If the latter refuses to sign the document, an appropriate mark is placed

Order to terminate the employment contract

Upon completion of employment, the HR department is required to draw up an order to terminate the contractual relationship. It indicates the reason for the termination of the relationship and the article of the Labor Code of the Russian Federation under which the dismissal occurs and the date of termination of the employment relationship. An order is issued on the day of dismissal along with wages and other documents.

A former employee can go to court if his rights were violated during dismissal. After examining the case, the court may reinstate the dismissed person in his position, as well as oblige the organization to pay him compensation. An enterprise that fails to complete documents correctly may face fines and inspections.

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How to formalize the conclusion or termination of an employment contract, as well as how to make changes to it - these aspects are dealt with by the personnel department at each enterprise.
Both parties who entered into it - the employer and the employee - have the right to terminate the employment contract. Next, we will look at who has the right to terminate this contract and on what grounds.

How to formalize termination of an employment contract?

The contract can be terminated by the mutual desire of both parties who entered into it, or unilaterally. All contracts and agreements must be entered into and terminated in accordance with the laws of our country.

In our case, the Labor Code of the Russian Federation, namely Article 77, is responsible for terminating an employment contract.

This article describes all the rights of the parties regarding the termination of their obligations under a previously concluded agreement. If any aspects labor activity a particular employee is not satisfied with the employer, i.e. do not meet all required standards - he has the right to refuse further cooperation. In order to find a more qualified specialist to replace it in the future. The employee, in turn, can also resort to termination of the contract before its expiration. In cases where the employer violated his rights.

In any case, if such a situation arises, the initiator of this desire must provide a written warning of his intentions to the other party. This is followed by the procedure for terminating the contract, payments due to the employee and issuing him work book.

Termination of an employment contract by agreement of the parties

According to our legislation, namely the Labor Code of the Russian Federation (Article 78), it is stated that both parties who entered into a contract have the right to terminate it at any time. Such an action is possible if both parties desire the same thing.

In such a case, the initiator is either the manager or the employee. The termination procedure is as follows. The initiator is obliged to send a written notice to the other party. If the other party has no objections, an agreement to terminate the contract is then drawn up.

According to our laws, such an agreement can be formalized orally or in writing. But arbitrage practice shows that it is better to complete all documentation in in writing. So that there are no misunderstandings in the future.

Termination of an employment contract at the initiative of the employer

In this case, if the employer wants to terminate the contract, he must be guided by the following grounds:

If the employee is on a probationary period and, in the opinion of the employer, did not cope with his duties, then he has the right to terminate such a contract;
If the organization is at the stage of liquidation;
If there is a reduction in staff in this company;
The employee is not fully qualified for his position and does not have the necessary skills;
In cases where an employee often does not perform his duties properly and is reprimanded for this;
In cases of gross violation of one’s duties at work;
If any employee appears at the place of work intoxicated or under the influence of drugs.

The above grounds on which the employer has the right to terminate this contract with an employee are described in more detail in the Labor Code of the Russian Federation, Article 81.

How to terminate an employment contract at the initiative of an employee

If a person working at a particular enterprise wishes to terminate his employment contract with this company, then he is obliged to notify his immediate employer or his deputy, in the event that the employer is out of reach. This warning must be submitted 14 days before the upcoming departure from the position.

Each employee has the right to terminate his employment contract before its expiration, as stated in Article 80 of the Labor Code of the Russian Federation.

He has the right to resign at his own request in the following possible situations:

moving to another place of residence;
retirement;
leaving for work in another organization with more attractive working conditions and pay.

The above criteria are the most common, because Each person may have their own motivational reasons for leaving a particular job.

Notice of termination of a fixed-term employment contract - sample

This kind of notification must come from the initiator of termination of the transaction to the second party before the contract is terminated. Such notice must be given 2 weeks in advance.
This period of two weeks was announced at legislative level. Because If this notification comes from the employer, then during the given period the employee has the opportunity to find a replacement job. And vice versa, if an initiative comes from an employee, given time provides sufficient time for the employer to find a replacement employee.

Legal consequences of violating the procedure for terminating an employment contract

The consequences of violating the termination of such a contract are specified in detail in Article 394 of the Labor Code of the Russian Federation. For example, if an employee is fired unlawfully, the employer is obliged to reinstate the dismissed person to his previous position and to the same conditions of remuneration.

If any employee is not satisfied with the payment for his work. Or there are doubts that the manager does not provide working conditions that would meet legislative norms. In such cases, you should contact the Labor Inspectorate for help.

In other cases, if the procedure for terminating a transaction is violated, various types of compensation may be collected by the manager to the employee whose rights were violated.

In addition to filing a complaint with the labor inspectorate, you can file a claim against your employer in court. This body will conduct a high-quality investigation into the legality of the dismissal.

General procedure registration of termination of an employment contract is regulated. This article describes an algorithm of actions that must be followed.

Termination of an employment contract is formalized by order (instruction) of the employer. Usually a unified form is used, which is approved.

The employee must be familiar with the order against signature. A certified copy of the order can be handed over to the employee at the request of the employee.

According to general rules, the day of termination of an employment contract is always the last day of work of the employee, with the exception of cases where the employee did not actually work, but retained his place of work.

On the day of termination of the employment contract, the employer is obliged to:

issue a work book to the employee (if the employee is not at work on the day of dismissal, he is sent a notice of the need to pick up the work book or agree to have it sent by mail);
make a settlement with it in accordance with;
upon written request of the employee, issue certified copies of documents related to work.

An entry in the work book about the basis and reason for termination of the employment contract is made in strict accordance with the wording Labor Code or other federal law, with reference to the relevant article, part of the article, paragraph of the article.

There has long been a dispute among HR specialists regarding which wording to use: “the employee is fired,” “the employment contract is terminated,” or “the employment contract is terminated”? The Labor Code does not give a clear answer to this question, so employers often choose the wording at their own discretion.

Grounds for dismissing an employee

1. Dismissal during the probationary period

The establishment of a probationary period when hiring is regulated by Art. 70 TK. It provides a list of employees for whom a probationary period is not established:

persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulations legal acts, containing norms labor law;
pregnant women and women with children under the age of one and a half years;
persons under the age of 18;
persons who have received secondary vocational education or higher education according to those who have state accreditation educational programs and for the first time entering work in the acquired specialty within one year from the date of receipt vocational education appropriate level;
persons elected to an elective position for paid work;
persons invited to work by way of transfer from another employer as agreed between the employers;
persons concluding an employment contract for a period of up to two months;
other persons in cases provided for by the Labor Code, other federal laws, collective agreement.

The probationary period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

During the probationary period, HR officers must record any deviations in the work of the new employee using memos and reports. When the probationary period ends and the employer evaluates the newcomer’s performance as unsatisfactory, he must document the validity of his decision.

The employer may terminate the employment contract before the expiration of the probationary period if the result is unsatisfactory, but he will need to notify the employee in writing (in notification format) no later than three days in advance, indicating the reasons that served as the basis for making such a decision. At the same time, you need to be prepared for the fact that the employee has the right to appeal this decision in court.

If an employee refuses to sign a notice, a corresponding act is drawn up, which records the fact that the employee has read the notice and refused to sign it. Based on the notification, order T-8 is issued to terminate the employment contract. If an employee refuses to sign an order, then at the bottom of the order the personnel officer writes by hand that the employee was familiar with the order, but refused to sign, or a corresponding act is drawn up. In any case, it is important to record the fact that the employee has read the order.

Terminate the employment contract at your own request probationary period maybe an employee. To do this, he needs to submit an application, but he does not have to indicate the reason for dismissal. The notice period in this case, according to Art. 71 TK, will be three calendar days. The dismissal itself is made on the basis of (termination of the employment contract at the initiative of the employee).

2. Dismissal at your own request

Which article of the Labor Code should you refer to: .

An employee has the right to terminate an employment contract at his own request, but he must notify the employer in writing no later than two weeks in advance, unless a different period is established by the Labor Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. By agreement of the parties, this period may be reduced.

In cases where dismissal at the initiative of the employee is due to the impossibility of continuing his work, the date of dismissal can be set independently. In Art. 80 of the Labor Code contains grounds when this option is possible: enrollment in an educational institution, retirement, established violation labor legislation employer, etc. Labor relations practice shows that there are many more reasons for reducing notice periods. For example, an illness that prevents the continuation of this work, provided there is an appropriate medical certificate; moving to another area ().

A list of valid reasons for dismissal on the day the application is submitted can be enshrined in the internal rules labor regulations organization or in a collective agreement.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with the Labor Code and other federal laws, cannot be denied an employment contract. For example, in Art. 64 of the Labor Code states that it is prohibited to refuse to conclude an employment contract to employees invited in writing to work as a transfer from another employer.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer must:

issue the employee with a work book;
issue other work-related documents upon written request from the employee;
make a settlement with him.

How to prepare documents?

When an employee has the right to reduce the notice period, he writes a dismissal date, which is binding on the employer, that is, he cannot unilaterally change this date on his own. Sometimes an employee is not entitled to benefits, but asks to be fired early. For example, he writes a statement on May 15, and asks to fire him on May 19. In this case, the employer can act under Art. 80 TK. If he agrees to dismiss earlier, he accepts the application and issues an order. If he does not agree, then he draws up a notice for the employee, in which he explains that he cannot accept such a statement on the basis of Art. 80, which requires two weeks notice and asks to write a new application.

Based on the order, an entry is made in the work book (this is done on the last day before the book is issued, so that the employee immediately signs in the book for recording the movement of work books).

3. Dismissal by agreement of the parties

Which article of the Labor Code should you refer to: .

The basis for dismissal “by agreement of the parties” was included in the Labor Code in 2006, and Art. 78 of the Labor Code, which is devoted to this issue, contains only one sentence: “An employment contract can be terminated at any time by agreement of the parties to the employment contract.” No matter how such a basis for dismissal is perceived, one must proceed, first of all, from the fact that the word “agreement” itself indicates a peaceful basis for termination of the employment relationship.

Despite the fact that the agreement is not provided for by the Labor Code, it is very important document, since it specifies the conditions under which the parties terminate the employment relationship.

4. Dismissal due to expiration of the employment contract

Which article of the Labor Code should you refer to: .

The grounds on which a fixed-term employment contract is concluded are stated in. Most often - for the duration of the duties of an absent employee, who retains his place of work.

If a fixed-term employment contract is concluded with an employee, then the expiration date of the employment contract is associated with a specific date, which is specified in the contract itself. Three days before this date, the employer is obliged to warn the employee about the expiration of the period by means of a notice.

Sometimes the expiration date of an employment contract cannot be established in advance; in this case, the contract does not indicate the expiration date, but a condition. In this case, there is no need to notify about the termination of the employment contract, since the very fact of the main employee returning to work means the termination of the employment contract of the employee who replaced him.

In Art. 193 of the Labor Code states how to formalize a disciplinary sanction. The employer's action algorithm in this case is quite clear. First of all, when a disciplinary violation is discovered, an act is drawn up, which records the fact of the violation, all the circumstances under which it was discovered, the date, and witnesses. Then the employee is required written explanation(the deadline for submitting the document is two working days). Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action. If there is or is no explanation, the employer makes a decision based on its assessment of the employee’s actions.

The timing of the application of the penalty must be taken into account - no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees. A disciplinary sanction cannot be applied later than six months from the date of commission of the offense.

A report on the commission of a disciplinary offense is sent to the director (the person who can make decisions on this issue). And the employee is given a notice against signature with a requirement to provide a written explanation. If he does not provide it, then an act is drawn up.

If misconduct is proven, disciplinary action is taken. In case of “mild” violations, the employee is first reprimanded. At the same time, the order to apply a disciplinary sanction contains links to all documents that confirm the grounds for applying the sanction.

7. Dismissal of a long-term absent employee

The legislation does not provide clear tools for formalizing such dismissals. Problems often arise because the employer does not know how to treat a person's prolonged absence from work if there is no information about the reasons for this absence. At the same time, he does not have the right to dismiss an employee until a violation of labor legislation is established.

Registration of such a situation begins with drawing up an act for each working day stating that the person is absent from work for an unknown reason (in the first act the time of absence is indicated “from ... to”, and in the rest - “during the entire working day”).

Acts on the absence of an employee should first be drawn up daily, in case of long-term absence - as of the day of submission of the next time sheet.

Letters are sent to the employee asking for an explanation of the reasons for failure to appear (they must be sent by registered mail with a list of attachments).

If more than a year there is no news from the missing employee, the employer, guided by the provisions of Art. 42 of the Civil Code of the Russian Federation and Chapter 31 of the Code of Civil Procedure of the Russian Federation, may, through the court, recognize the missing employee as missing. According to Art. 42 of the Civil Code of the Russian Federation, a citizen may, at the request of interested parties, be recognized by the court as missing if during the year there is no information about his place of residence at his place of residence. If the court satisfies the stated requirements to recognize the missing employee as missing, the employer will be able to terminate the employment contract with this employee under clause 6 of Part 1 of Art. 83 Labor Code of the Russian Federation.

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EMPLOYMENT CONTRACT
Articles 56-62: Basic provisions. The concept of an employment contract. Parties to the employment contract Contents of the employment contract. Fixed-term employment contract. Part-time work.
Articles 63-71: Conclusion of an employment contract. Form of employment contract. Registration of employment. Medical checkup. Employment test and its result.
Articles 72-76: Change of employment contract. Changes in working conditions. Transfer to another job, incl. temporary and medical indications. Moving. Suspension from work
Articles 77-84: Termination of an employment contract. Grounds for termination of an employment contract. Termination of an employment contract at the initiative of the employee or at the initiative of the employer.
Articles 86-90: Protection of employee personal data. General requirements when processing personal data and guaranteeing their protection. Storage and use of personal data.
WORK TIME
Articles 91-99: Work time. Normal and reduced working hours. Part-time work. Night work. Overtime work.
Articles 100-105: Working hours. Irregular working hours. Shift work. Summarized working time recording. Dividing the working day into parts.
TIME RELAX
Articles 106-113: Types of rest time. Work breaks. Weekends and holidays. Breaks for rest and food. Special breaks for warming and rest.
Articles 114-128: Vacations. Types, duration and procedure for granting leaves. Review from vacation. Replacement of annual paid leave with monetary compensation.
PAYMENT AND LABOR RATING
Articles 129-135: Salary. Wage. Basic concepts and definitions. Forms of remuneration. Payment according to work. Establishment minimum size wages.
Articles 136-145: Procedure, place and terms of payment wages. Calculation of average wages. Employer's liability for failure to pay wages on time
Articles 146-163: Payment overtime. Pay for night work. Payment for downtime. Payment for work on weekends and non-working holidays. Labor standards.
GUARANTEES AND COMPENSATIONS
Articles 164-177: Cases of provision of guarantees and compensation. Guarantees when sending workers to business trips. Reimbursement of expenses on a business trip.
Articles 178-188: Severance pay. Preferential right to remain at work when staffing is reduced. Guarantees and compensation upon liquidation of an organization.
LABOR ROUTINE. LABOR DISCIPLINE
Articles 189-195: The procedure for approving internal labor regulations. Application procedure disciplinary sanctions. Removal of disciplinary action.
EMPLOYEE QUALIFICATIONS. PROFESSIONAL STANDARD
Articles 196-208: The procedure for development, approval and application is professional. Standards Student Agreement. Duration, form and content of the student agreement. Apprenticeship fees
OCCUPATIONAL SAFETY AND HEALTH
Articles 209-215: Responsibilities of the employer to ensure safe conditions and labor protection. Medical examinations workers. Responsibilities of the employee in the field of labor protection.
Articles 216-218: Organization of labor protection. State occupational safety management. State examination of working conditions. Labor protection service in the organization. Committees, commissions on labor protection
Articles 219-227: Ensuring workers' rights to labor protection. Individual protection means. Distribution of milk and therapeutic and preventive nutrition. Accounting of accidents
Articles 228-229: Responsibilities of the employer in the event of an accident. The procedure for forming accident investigation commissions. Time frame for accident investigations
Articles 230-231: The procedure for conducting an investigation and preparing accident investigation materials. The procedure for registration and recording of industrial accidents
MATERIAL LIABILITY PARTIES TO THE EMPLOYMENT CONTRACT
Articles 232-250: Cases of full financial liability of the employer and employee. Determining the amount of damage caused. Procedure for recovery of damages.
FEATURES OF LABOR REGULATION SPECIFIC CATEGORIES OF WORKERS
Articles 251-264: Peculiarities of regulation of women's labor. Jobs in which the use of women's labor is limited. Maternity leave. Parental leave.
Articles 265-281: Peculiarities of labor regulation of organization managers and workers under the age of 18. Jobs where it is prohibited to employ persons under the age of 18
Articles 282-302: Peculiarities of labor regulation for persons working part-time, seasonally and on a rotational basis. Recording working hours when working on a rotational basis
Articles 303-312: Peculiarities of labor regulation of persons working in micro-enterprises and for employers - individuals. Regulation of labor of remote workers.
Articles 313-327: Peculiarities of labor regulation of persons working in the Far North and equivalent areas. Guarantees and compensations. Salary. Vacations.
Articles 327.1-327.7: Peculiarities of labor regulation for workers who are foreign citizens or stateless persons. Documents for employment.
Articles 328-330: Peculiarities of labor regulation for transport workers and workers engaged in underground work. Medical examinations, control of working time and rest time.
Articles 331-336: Features of labor regulation teaching staff. Right to Occupation pedagogical activity. Features of removal from work of teachers.
Articles 337-341: Peculiarities of labor regulation for employees of personnel agencies and employees sent to work abroad in representative offices Russian Federation.
Articles 342-348: Peculiarities of labor regulation for athletes and coaches, as well as employees of religious organizations. Removal of athletes from participation in competitions.
Articles 349-351: Peculiarities of labor regulation for other categories of workers: employees of state corporations and state-owned companies, workers credit institutions and medical workers
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Articles 370-378: Protection of labor rights and legitimate interests of workers by trade unions. The right of trade unions to monitor compliance with labor legislation.
Articles 379-397: Self-defense of labor rights by employees. Forms of self-defense. Review and resolution of individual labor disputes. The concept of an individual labor dispute.
Articles 398-408: Consideration and resolution of collective labor disputes. Putting forward the demands of workers and their representatives. Conciliation procedures.
Articles 409-418: Right to strike. Announcing a strike. The body leading the strike. Illegal strikes. Responsibility of workers for illegal strikes.

SECTION III. EMPLOYMENT CONTRACT

Chapter 13. TERMINATION OF AN EMPLOYMENT CONTRACT

Article 77. General grounds termination of the employment contract

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 78 of this Code);

2) expiration of the employment contract (Article 79 of the Code), except for cases where the employment relationship actually continues and neither party has demanded its termination;

3) termination of an employment contract at the initiative of the employee (Article 80 of this Code);

4) termination of an employment contract at the initiative of the employer (Articles 71 and 81 of this Code);

5) transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position);

6) refusal of an employee to continue working in connection with a change in the owner of the organization’s property, with a change in the jurisdiction (subordination) of the organization or its reorganization, with a change in the type of state or municipal institution(Article 75 of this Code);

7) the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code);

8) the employee’s refusal to transfer to another job, required for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work (parts three and four of Article 73 of this Code);

9) refusal of the employee to be transferred to work in another area together with the employer (part one of Article 72.1 of this Code);

10) circumstances beyond the control of the parties (Article 83 of this Code);

11) . violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code).

An employment contract may be terminated on other grounds provided for by this Code and other federal laws.

Article 78. Termination of an employment contract by agreement of the parties

An employment contract can be terminated at any time by agreement of the parties to the employment contract.

Article 79. Termination of a fixed-term employment contract

A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing of the termination of the employment contract due to its expiration at least three calendar days before dismissal, with the exception of cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires.

An employment contract concluded for the duration of a specific work is terminated upon completion of this work.

An employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work.

An employment contract concluded to perform seasonal work during a certain period (season) is terminated at the end of this period (season).

Article 80. Termination of an employment contract at the initiative of 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 this Code or other federal law. Flow specified period begins the day after the employer receives the employee’s resignation letter.

By 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 an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in 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, conditions 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.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Article 81. Termination of an employment contract at the initiative of the employer

An employment contract can be terminated by the employer in the following cases:

1) liquidation of an organization or termination of activities by an individual entrepreneur;

2) reduction in the number or staff of the organization’s employees, individual entrepreneur;

3) inconsistency of the employee with the position held or the work performed due to insufficient qualifications confirmed by certification results;

4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);

5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;

6) a single gross violation of labor duties by an employee:

A) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day (shift) ;

b) the appearance of an employee at work (at his workplace or on the territory of an organization - employer or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, narcotic or other toxic intoxication;

V) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee;

G) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

d) violation of labor protection requirements by an employee established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (industrial accident, breakdown, catastrophe) or knowingly created real threat the occurrence of such consequences;

7) commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him on the part of the employer;

7.1) failure by the employee to take measures to prevent or resolve a conflict of interest to which he is a party, failure to provide or submit incomplete or unreliable information about his income, expenses, property and property obligations, or failure to provide or provision of knowingly incomplete or unreliable information about income, expenses, property and property obligations of their spouse and minor children, opening (availability) of accounts (deposits), storing cash Money and values in foreign banks located outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments by an employee, his spouse and minor children in cases provided for by this Code, other federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to a loss of confidence in the employee on the part of the employer;

8) the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

9) making an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

10) a single gross violation by the head of the organization (branch, representative office) or his deputies of their labor duties;

11) the employee submits false documents to the employer when concluding an employment contract;

12) lost its power.

13) provided for in the employment contract with the head of the organization, members of the collegial executive body organizations;

14) in other cases established by this Code and other federal laws.

The procedure for certification (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations, adopted taking into account the opinion of the representative body of workers.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

In case of termination of the activities of a branch, representative office or other separate structural unit organization located in another location, termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization.

Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by the employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer.

It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary incapacity for work and while on vacation.

Article 82. Mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of an employment contract at the initiative of the employer

When making a decision to reduce the number or staff of employees of an organization, individual entrepreneur and the possible termination of employment contracts with employees in accordance with paragraph 2 of part one of Article 81 of this Code, the employer is obliged to notify the elected body of the primary trade union organization in writing about this no later than two months in advance before the start of the relevant activities, and if the decision to reduce the number or staff of employees may lead to mass dismissal of workers - no later than three months before the start of the relevant activities. The criteria for mass layoffs are determined in industry and (or) territorial agreements.

Dismissal of employees who are members of a trade union on the grounds provided for in paragraphs 2, 3 or 5 of part one of Article 81 of this Code is carried out taking into account the reasoned opinion of the elected body of the primary trade union organization in accordance with Article 373 of this Code.

When conducting certification, which may serve as a basis for dismissal of employees in accordance with paragraph 3 of part one of Article 81 of this Code, a representative of the elected body of the relevant primary trade union organization must be included in the certification commission.

A collective agreement may establish a different procedure for the mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of an employment contract at the initiative of the employer.

Article 83. Termination of an employment contract due to circumstances beyond the control of the parties

An employment contract is subject to termination due to circumstances beyond the control of the parties:

1) conscription of an employee into military service or sending him to an alternative civilian service that replaces it;

2) reinstatement of an employee who previously performed this work by decision of the state labor inspectorate or court;

3) failure to be elected to office;

4) convicting the employee to a punishment that precludes the continuation of his previous work, in accordance with a court verdict that has entered into legal force;

5) recognition of the employee as completely incapable of working in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation;

6) death of an employee or employer - individual, as well as recognition by the court of an employee or employer - an individual as deceased or missing;

7) the occurrence of emergency circumstances that prevent the continuation of labor relations (military actions, disaster, disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a government body of the corresponding subject of the Russian Federation;

8) disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract;

9) expiration, suspension for a period of more than two months or deprivation of an employee of a special right (license, right to manage vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee fulfilling his duties under the employment contract;

10) termination of admission to government confidentiality if the work performed requires such access;

11) reversal of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate to reinstate an employee at work;

12) lost its power.

13) the occurrence of restrictions on engaging in certain types of labor activity established by this Code, other federal law and excluding the possibility of an employee fulfilling his duties under an employment contract.

Termination of an employment contract on the grounds provided for in paragraphs 2, 8, 9, 10 or 13 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (either a vacant position or a job that corresponds to the employee’s qualifications, or and a vacant lower position or lower paid job) that the employee can perform taking into account his state of health.

In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

Article 84. Termination of an employment contract due to violation of the provisions established by this Code or other fed. law rules for concluding an employment contract

The employment contract is terminated due to violation of the provisions established by this Code or other federal regulations. by law the rules for its conclusion (clause 11 of part one of Article 77 of this Code), if violation of these rules excludes the possibility of continuing work, in the following cases:

Concluding an employment contract in violation of a court verdict depriving a specific person of the right to occupy certain positions or engage in certain activities;

Concluding an employment contract to perform work that is contraindicated for this employee due to health reasons in accordance with a medical certificate issued in the manner established by the Federal Law. laws and other regulatory legal acts of the Russian Federation;

Absence of an appropriate document on education and (or) qualifications, if the work requires special knowledge in accordance with federal law or other regulatory legal acts;

Conclusion of an employment contract in violation of a resolution of a judge, body, official authorized to consider cases of administrative offenses, disqualification or other administrative punishment that precludes the possibility of an employee fulfilling duties under an employment contract, or concluding an employment contract in violation of established federal laws. laws of restrictions, prohibitions and requirements relating to the involvement in work of citizens dismissed from state or municipal service;

Concluding an employment contract in violation of the restrictions on engaging in certain types of labor activity established by this Code or other federal law;

In other cases provided for by federal laws.

In the cases provided for in part one of this article, the employment contract is terminated if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

If a violation of the rules for concluding an employment contract established by this Code or other federal law is not due to the fault of the employee, then the employee is paid severance pay in the amount of average monthly earnings. If a violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and severance pay is not paid to the employee.

Article 84.1. General procedure for registering termination of an employment contract

Termination of an employment contract is formalized by order (instruction) of the employer.

The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction).

The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but after him, in accordance with this present day. Code or other federal by law, the place of work (position) was preserved.

On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

Note: the employer is also obliged to issue the employee on the day of termination of work a certificate of the amount of earnings for two calendar years preceding the year of termination of work.

An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law.

If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book.

The employer is also not responsible for the delay in issuing the work book in cases of discrepancy last day work with the day of registration of termination of labor relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Art. 81 or clause 4 of part one of Art. 83 present Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy or until the end of maternity leave in accordance with part two of Art. 261 present Code. 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.

New edition of Art. 80 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 a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

By 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.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Commentary on Article 80 of the Labor Code of the Russian Federation

The procedure for terminating an employment contract at the initiative of an employee is determined by Article 80 of the Labor Code of the Russian Federation. This article gives the employee the right to early termination of an employment contract at his own request, without making this desire dependent on the motives that guide the employee in this case - they can, in principle, be anything.

Early termination of an employment contract at the initiative of the employee is preceded, as already noted, by a written warning to the employer, which must be sent to the latter no later than 2 weeks before the expected date of dismissal of the employee. It is noteworthy that such an application must be submitted by the employee, regardless of whether he is “on duty” or, say, on sick leave.

Accordingly, when submitting an application to return to work (for example, after a vacation), the employee must proceed from the fact that general case the employment contract with him will be terminated on the 15th day after submitting the application. Upon expiration of the notice period for dismissal, the employee has the right to stop working.

However - and dear readers should pay special attention to this - by agreement between the employee and the employer, the employment contract can be terminated before the expiration of the notice period, i.e. earlier than 14 days. To do this, the employee must indicate in a written statement the desired date of dismissal.

For its part, the employer can satisfy this request of the employee, or he can refuse it. However, in cases where the submission of a written application for early termination of an employment contract at the initiative of the employee is due to the impossibility of continuing his work, for example in connection with enrollment in an educational institution, retirement and other similar reasons, as well as in cases of established violation by the employer of laws and other regulatory legal acts containing labor law norms, the terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified by the employee in the application.

On the other hand, Article 80 of the Labor Code of the Russian Federation gives the employee the right, before the expiration of the notice period for dismissal, to withdraw a previously submitted written application at any time. The occurrence of such a situation, which in practice, by the way, is by no means rare, suggests two options for its resolution:

1. At the time the employee recalled the written application for early termination of the employment contract, another employee had not been invited in writing to the position (workplace) he was vacating.

In this case, the employer does not have the right to refuse to continue working for the employee who has “come to his senses” under the conditions stipulated by the “almost” unterminated employment contract. Thus, if, after the expiration of the notice period for dismissal, the employment contract was not terminated and the employee no longer insists on dismissal, continuing to perform the work assigned to him in accordance with the employment contract (labor function), then the validity of the employment contract continues until circumstances arise that make it possible termination on legal grounds.

2. At the time the employee recalled a written application for early termination of the employment contract to the position (workplace) he was vacating, the employer invited in writing another employee, who - we emphasize this - in accordance with the Labor Code of the Russian Federation and other federal laws cannot be refused concluding an employment contract. Let's illustrate this with the following example:

A few days after this, employee N.N. Novikov was invited in writing to fill the position of employee Lukin L.L., who submitted a written application requesting resignation of his own free will. At the same time, for Lukin L.L. the work he performed was the main one, and Novikov N.N. invited to work as a part-time worker.

Three days before the end of the warning period, Lukin L.L. submitted a written application to the employer with a request to continue working in the same capacity. In this situation, the employer has the right:

b) propose to Novikov N.N. performing the work as the main one and, if the latter agrees, expressed in the form of a written statement, notify Lukin L.L. that an employee for whom this work will also be the main one. However, in case of refusal of Novikov N.N. from performing work as his main job, he, in turn, may be denied this work, since Lukin L.L. is still ready to perform it as the main one (as was provided for in the previously concluded employment contract with him);

c) in case of consent of Novikov N.N. to perform work previously performed by L.L. Lukin, L.L. Lukin may (but is not obligated) to offer L.L. Lukin as the main employer. other work available at the enterprise and, with the consent of L.L. Lukin, accept him to the enterprise in a new capacity, having previously terminated the employment contract with him on the basis provided for in Article 80 of the Labor Code of the Russian Federation, and then concluded a new employment contract with the employee.

The employer issues a corresponding order regarding the dismissal of an employee on the grounds provided for in Article 80 of the Labor Code of the Russian Federation. Based on the order to dismiss the employee, other necessary documents are drawn up.

Another comment on Art. 80 Labor Code of the Russian Federation

1. Article 80 of the Labor Code of the Russian Federation regulates the procedure for termination, at the initiative of the employee, of both a fixed-term employment contract before its expiration, and a contract concluded for an indefinite period. Previously existing legislation established restrictions on an employee’s ability to terminate a fixed-term employment contract early (Article 32 of the Labor Code), justifiably based on the fact that the term condition is one of the many conditions that make up the content of the employment contract, due to which an unmotivated unilateral violation of this condition is contrary to the universal principle of contract law - “contracts must be performed.”

2. By virtue of Part 1 of Art. 80 of the Labor Code of the Russian Federation, the employee’s will to terminate the employment contract must be expressed in writing. All other forms of such expression of will have no legal significance. An employee's initiative aimed at unilateral termination of an employment contract is usually expressed in the form of a corresponding written statement.

In practice, there are often cases when an employer delays making payments to an employee and issuing a work book to him, citing the fact that the employee did not fill out the so-called bypass sheet, did not hand over the assumed obligations. material values and so on. This type of practice is not provided for by current labor legislation and is therefore illegal. Moreover, after the expiration of the notice period for dismissal, the employee has the right to stop working, and the employer is obliged to issue him a work book on the day of dismissal (last day of work) and, upon the written request of the employee, copies of documents related to the work, as well as pay all amounts due to him from the employer (see Articles 62, 140 of the Labor Code of the Russian Federation and commentary thereto).

3. Termination of an employment contract at the initiative of the employee is possible at any time and without specifying the grounds for dismissal. At the same time, without limiting the employee’s right to resign freely at his own request, the legislator connects the occurrence of various types of legal consequences with the presence of certain reasons for such dismissal. So, in accordance with paragraph 1 of Art. 29 and Art. 30 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On Employment of the Population in the Russian Federation” the reasons for dismissal, the list of which is given in this Law, affects the amount of the scholarship paid to citizens during the period of professional training, retraining and advanced training as directed by the authorities employment services, as well as the amount of unemployment benefits. Reasons for voluntary dismissal listed in paragraph 1 of Art. 29, are confirmed by entries in the work book. Consequently, the reason for dismissal must be indicated not only in the employee’s application or order to terminate the employment contract, but also in the work record book.

4. The decision to dismiss at one’s own request must be an act of free expression of the employee’s will, otherwise it cannot be said that the employment contract is terminated on his initiative. In this regard, the Supreme Court of the Russian Federation draws the attention of courts to the need to proceed from the fact that termination of an employment contract at the initiative of an employee is permissible in cases where filing a letter of resignation was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee (subparagraph “a”, paragraph 22 of the Plenum Resolution Supreme Court RF dated March 17, 2004 N 2). However, the employer’s threat to terminate the contract with him on his own initiative cannot be considered as forcing an employee to resign at his own request, provided that the employer had grounds for this provided for by law (see Article 81 of the Labor Code of the Russian Federation and the commentary thereto).

5. If, before the expiration of the notice period for termination of the employment contract, the employee refuses to be dismissed at his own request, he is considered to have not submitted an application and cannot be dismissed on the grounds in question. An exception is the case when another employee is invited in writing to replace the resigning employee, who by law cannot be refused to conclude an employment contract. The wording of Art. 80 of the Labor Code of the Russian Federation is quite unambiguous: we mean only those cases when another employee is invited to replace an employee who resigns at his own request, and in writing, i.e. a person employed by another employer who is dismissed by way of transfer to this employer (see Article 72, paragraph 5 of Article 77 of the Labor Code of the Russian Federation and commentary thereto). Accordingly, all other statutory guarantees for concluding an employment contract (see Article 64 of the Labor Code of the Russian Federation and the commentary thereto) do not apply to the situation provided for in the commented article. For example, an employee cannot be denied annulment of a voluntary resignation on the grounds that his position is expected to be filled by a pregnant woman who has been promised the job.

When granting leave with subsequent dismissal in the event of termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his application for dismissal before the day the leave begins, if another employee is not invited to take his place by way of transfer (see Article 127 of the Labor Code of the Russian Federation and commentary to her). If, while on vacation, the employee becomes temporarily incapacitated, as well as in the presence of other valid reasons, the vacation is subject to extension for the appropriate number of days (see Article 124 of the Labor Code of the Russian Federation and the commentary thereto), and the day of dismissal is considered the last day of vacation . However, if the employee insists on terminating the employment contract from the initially determined date, his request must be satisfied.

Since the law provides for a mandatory written form for filing an application for resignation of one’s own free will, it should be assumed that the employee’s will to cancel this application must be expressed in the same form.

6. In accordance with Part 6 of Art. 80 of the Labor Code, if after the expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the contract continues. Thus, the fact that the employee’s work period has expired excludes the possibility for the employer to terminate the employment contract on the grounds in question, if “the employee does not insist on dismissal.” The latter formulation is broad and vague. It should be assumed that this applies to the case when, after the expiration of the notice period for dismissal, the employee returned to work and was allowed to work (i.e., continued to perform duties under the employment contract). At the same time, part 6 of Art. 80 should also apply when the employee expressed a desire to continue work, was not allowed to work, but the employer delayed the issuance of a work book, other documents required by the employee related to the work, as well as settlement with him.

The forms in which an employee can “insist on dismissal” are not defined by law. The most obvious is termination of work upon expiration of the notice period; however, the employee’s expression of will in other forms when continuing work is not excluded. In the latter case, dismissal must be carried out within other terms agreed upon by the parties.

It should be borne in mind that the employee’s demand in question has legal significance only at the time of expiration of the working period. If the employment contract was not terminated upon expiration of the service period, the employee continued to work, and subsequently demanded termination of the employment contract with him with reference to Part 6 of Art. 80, such a requirement cannot be considered legal: the employment contract must be terminated according to the rules established by Art. 80, including completion of the established notice period for dismissal.

7. The period of notice by the employee to the employer about the upcoming dismissal is determined by labor legislation. In accordance with Art. 80 of the Labor Code of the Russian Federation, an employee, when terminating an employment contract, is obliged to notify the employer about this in writing no later than two weeks in advance. Consequently, notice of voluntary dismissal can be given earlier than two weeks. Temporary or seasonal worker must notify the employer about this three days in advance (see Articles 292, 296 of the Labor Code of the Russian Federation and the commentary thereto). The same period is provided for the dismissal of an employee at his own request during the probationary period (see Article 71 of the Labor Code of the Russian Federation and the commentary thereto). The head of an organization has the right to terminate an employment contract early by notifying the employer (owner) of the organization’s property no later than one month in advance (see Article 280 of the Labor Code of the Russian Federation and the commentary thereto). The expiration date begins the next day after the calendar date on which the application was submitted (see Article 14 of the Labor Code of the Russian Federation and the commentary thereto).

An employee’s absence from work for valid reasons (for example, due to temporary incapacity for work) is not grounds for extending the period of service upon dismissal of his own free will. At the same time, the employee’s refusal to dismiss may be declared by the employee during his absence from work for the specified reasons.

By general rule Reducing the working period unilaterally is not allowed. So, if an employee left work without working the period established by law, then this fact is regarded as absenteeism, giving grounds to dismiss the employee at the initiative of the employer (subparagraph “a”, paragraph 6 of Article 81 of the Labor Code of the Russian Federation). At the same time, judicial practice proceeds from the fact that an arbitrary, without agreement with the employee, reduction of the working period or dismissal without working off gives the employee grounds to demand reinstatement at work with payment for the time of forced absence.

From of this rule There is one exception, when the reduction of the term is due to valid reasons, the list of which is given in Part 3 of Art. 80 Labor Code of the Russian Federation. Among such cases, one can indicate the entry of an employee into military service under a contract (see paragraph 2 of the commentary to Article 83 of the Labor Code of the Russian Federation).

The fact of violation by the employer of laws and other normative legal acts containing labor law norms, the terms of a collective agreement, agreement or employment contract, as a circumstance obliging the employer to terminate the employment contract within the period specified in the employee’s application, can be established, in particular, by the bodies implementing state supervision and monitoring compliance with labor laws, trade unions, commissions on labor disputes, the court (part 2, subparagraph “b”, paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

In these cases, the employer is obliged to terminate the employment contract within the period requested by the employee.

In all other cases, the agreement of the parties must be reached regarding the termination of an employment contract at the initiative of the employee without working out the period established by law or with a reduction in this period (subparagraph “b”, paragraph 22 of the said Resolution of the Plenum of the Supreme Court of the Russian Federation). It can be expressed in the form of a written statement from the employee about resignation of his own free will, indicating in it the conditions for dismissal without service or with a shortened period of service, or a corresponding order from the employer containing the signature of the resigning employee. Strictly speaking, since the law (Part 2 of Article 80 of the Labor Code of the Russian Federation) does not provide for the form of agreement between the employee and the employer regarding the period of service upon dismissal at their own request, such an agreement can also be reached orally. However, one should take into account the difficulties of proving the existence of this agreement.

8. It should be assumed that, as a general rule, if there is another reason for terminating an employment contract - for example, a change in the owner of the organization (see Article 75 of the Labor Code of the Russian Federation and the commentary thereto), transfer to work for another employer or to an elective position ( see paragraph 5 of Article 77 of the Labor Code of the Russian Federation and the commentary thereto), the employee’s refusal to continue working due to a change in the essential terms of the employment contract (see Article 74 of the Labor Code of the Russian Federation and the commentary thereto), refusal to transfer to another job in in accordance with a medical report, refusal to transfer due to the employer’s relocation to another location (see Article 72.1 of the Labor Code of the Russian Federation and commentary thereto) - priority should be given to the employee’s expression of will to resign at his own request.

In addition, at the request of an employee whose dismissal is recognized as illegal, the court may limit itself to making a decision to recover in his favor the average earnings for the period of forced absence and to change the wording of the grounds for dismissal to dismissal at his own request (see Parts 3, 4 of Art. 394 of the Labor Code of the Russian Federation and commentary thereto). Submitting a written resignation letter by an employee at his own request cannot be considered a circumstance excluding the possibility of termination of an employment contract with him on the initiative of the employer - if there is any established by law grounds.

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Basics of termination of an employment contract. Early termination of a fixed-term employment contract. Conditions and procedure for termination of the contract

Termination of an employment contract under the Labor Code of the Russian Federation

General grounds for termination of an employment contract

Termination of an employment contract at the initiative of the employee

Termination of an employment contract at the initiative of the employer

Categories of hired employees who cannot be dismissed at the initiative of the organization

Termination of an employment contract by agreement of the parties

Termination of cooperation due to violations during employment

Termination of a fixed-term employment contract

Termination of an open-ended employment contract

Notice of termination of the employment contract

Order to terminate the employment contract

How to formalize termination of an employment contract?

Termination of an employment contract by agreement of the parties

Termination of an employment contract at the initiative of the employer

How to terminate an employment contract at the initiative of an employee

Notice of termination of a fixed-term employment contract - sample

Legal consequences of violating the procedure for terminating an employment contract

Grounds for dismissing an employee

1. Dismissal during the probationary period

2. Dismissal at your own request

3. Dismissal by agreement of the parties

4. Dismissal due to expiration of the employment contract

7. Dismissal of a long-term absent employee

EMPLOYMENT CONTRACT

WORK TIME

TIME RELAX

PAYMENT AND LABOR RATING

GUARANTEES AND COMPENSATIONS

LABOR ROUTINE. LABOR DISCIPLINE

EMPLOYEE QUALIFICATIONS. PROFESSIONAL STANDARD

OCCUPATIONAL SAFETY AND HEALTH

MATERIAL LIABILITY PARTIES TO THE EMPLOYMENT CONTRACT

FEATURES OF LABOR REGULATION SPECIFIC CATEGORIES OF WORKERS

PROTECTION OF LABOR RIGHTS AND FREEDOMS CONSIDERATION AND RESOLUTION OF LABOR DISPUTES LIABILITY FOR VIOLATION OF LABOR LEGISLATION

SECTION III. EMPLOYMENT CONTRACT

Commentary on Article 80 of the Labor Code of the Russian Federation

Another comment on Art. 80 Labor Code of the Russian Federation

MATERIAL LIABILITY
PARTIES TO THE EMPLOYMENT CONTRACT

FEATURES OF LABOR REGULATION
SPECIFIC CATEGORIES OF WORKERS

PROTECTION OF LABOR RIGHTS AND FREEDOMS
CONSIDERATION AND RESOLUTION OF LABOR DISPUTES
LIABILITY FOR VIOLATION OF LABOR LEGISLATION