According to the data provided federal service According to state statistics, the number of people employed in the Russian economy at the beginning of 2016 amounted to more than 72 million people. In order to get any job, be it an engineer, a builder, an accountant, etc., it is necessary to formalize an employment relationship with an employer, which can be an enterprise (organization) or an individual entrepreneur (IP).
Order of dismissal
The basis for the emergence and subsequent registration labor relations is an employment contract (Article 16 Labor Code(TC) of the Russian Federation), concluded between the employer on the one hand and the employee on the other. But the validity of this document does not last forever. An employment agreement (contract) can be fixed-term, upon conclusion of which the duration of its validity is indicated. The employee can find another job. The severance of the employment relationship may occur at the initiative of the employer directly.
In all such cases, the severance of labor relations is formalized by order of the enterprise. This is a unified form T-8, approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1, where it is recorded this fact. In accordance with the All-Russian Classifier of Management Documentation (OKUD), the document is assigned code 0306001. When drawing up an order, the employer must be guided by the provisions of the articles of Chapter 13 of the Labor Code of the Russian Federation. This document is drawn up on the last day of work of the hired employee. At the same time, he must be paid all that is due for the period before dismissal. wage, severance pay, compensation for unused vacation, other payments due to the employee in accordance with the current legislation (Labor Code of the Russian Federation).
Sample of filling out the unified form T-8
Let's look at how to correctly draw up an order to terminate an employment contract with an employee using an example. Please note that incorrectly filling out the form may subsequently lead to labor disputes, which will have to be resolved in court.
Procedure for filling out form T-8:
- in the upper part, in two tabular columns, the order number and the date of its preparation are entered;
- Below is information about the termination of the urgent employment contract(first field), or the date of dismissal under an open-ended employment agreement in the second field, with unnecessary ones crossed out;
- last name, first name, patronymic and personnel number of the employee indicating the structural unit, position and qualifications;
- grounds for termination of labor relations with reference to an article of the Labor Code of the Russian Federation;
- documentary basis for termination of the employment contract, for example, an employee statement, an internal memo from the head of a structural unit, a medical certificate or conclusion, etc.;
- signature of the head of the enterprise;
- signature of the dismissed employee confirming familiarization with the issued order;
- if the enterprise has a trade union body, then the order must contain a reference to its reasoned opinion, for example, when dismissing an employee on the initiative of the employer (the occurrence of controversial situation), indicating the number of such document and the date of its consideration.
The sample filling will allow you to avoid mistakes when drawing up an order to terminate an employment contract with an employee.
Existing standards labor law determine that whatever the reason for terminating an existing employment contract, the company administration must issue an appropriate order to dismiss an employee. The dismissal order is issued by the personnel service and must necessarily contain the employee’s familiarization visa.
An order to dismiss an employee is formed on the basis of pre-drawn up documents, which can be an employee’s application for his dismissal, a signed termination agreement, reports of labor misconduct committed by the dismissed employee, etc.
In addition, an order to terminate a contract with an employee can be drawn up on the basis of documents issued by third parties or organizations.
This primarily includes:
- Medical report.
- Employee death certificate and others.
Attention! Company management must understand that if it initiates termination of an existing contract with an employee, then it must strictly follow the established dismissal procedure. Otherwise, termination of the agreement will be considered invalid.
For example, when dismissal occurs as a punishment for violating existing standards internal regulations, then several reports and acts recording the offense must be drawn up.
On legislative level for dismissal orders approved special form T-8. Companies and enterprises are given the right to develop their own document template based on it or draw up an order in any form on the organization’s letterhead. The main condition is that the document must contain all the necessary details.
Many specialized complexes use standardized forms in an approved form, which can be used in many situations.
It is best to issue a management order on the departing employee’s final day of work.
Attention! Worker personnel service can issue it on any day before dismissal. But if, he can revoke this document during the entire warning period of two calendar weeks. Then the previously issued dismissal order at will will need to be cancelled.
The issued document must be signed by the head of the company, and then reflected in the journal of registration of orders of the business entity.
Many programs provide for the formation, simultaneously with the order, of a settlement note upon dismissal. It reflects almost all the information on dismissal that is necessary for an accountant or other person who accrues and pays all settlement payments. It can also be drawn up separately from the order.
Also, before the dismissal itself, the employee is given a bypass sheet containing a list of places and officials, which the employee needs to visit before dismissal. This is not mandatory in accordance with the Labor Code of the Russian Federation. But this procedure it is better to carry out, since it records the transfer of cases, the absence or presence of debt of the parties to each other.
Even if it is not a voluntary dismissal, the employee must be familiarized with the order. At the same time, he puts his signature and date on the document. If the resigning person refuses to sign the dismissal order, then it is necessary to draw up an act about this in the presence of several witnesses and attach it to this order.
The employee has the right to submit an application addressed to management with a request to hand over a copy of the order for his dismissal.
Important! Only on the basis of an order can a notice of dismissal be entered into the labor worker. Next, a note on the termination of the employment contract is entered in with the obligatory reflection of its details.
Download the dismissal order form, form T-8, T-8a
Download the order to dismiss one employee:
Download the order for the dismissal of several employees:
In Word format.
Sample of filling out a dismissal order in form T-8
You must start filling out the dismissal order form T-8 from the top of the form. The full name of the company is entered there, and on the right side, in a specially designated column, the registration code of the company according to the OKPO directory.
Next, opposite the name of the document, the order number and the date of its execution are written in the columns. Under the same number, you will then need to register in the order book.
The next step is to enter the details of the agreement previously signed with the employee. labor agreement(number and date), and then the date of dismissal. Typically, this day is considered the final working day.
The next column indicates the reason why the dismissal occurs - as a rule, its wording corresponds to a specific article of the Labor Code, to which a link will also need to be made.
The line “Base” records information about the document on the basis of which the decision to dismiss the employee was made. For example, if the dismissal is carried out at the request of the employee, the details of the application for dismissal are entered here, if by agreement of the employee and the company - information about the agreement of the parties, etc.
After the order is fully drawn up, it must be signed by the director, indicating the title of the position, signature and its decoding.
Attention! If there is a trade union in the company, then the details of its written opinion are indicated at the bottom of the form.
How to fill out a dismissal order using form T-8a
The full name of the company must be written down at the top of the form. Opposite this column on the right, the OKPO code assigned to it is entered.
The number assigned to the order and the date of its execution are indicated below. In the future, the document under this number will need to be recorded in the order book for the enterprise.
The dismissal order itself is large table, in which information is entered line by line. One line must be filled in for each employee; blank lines are not allowed.
The table is divided into columns:
- 1 - Full name employee;
- 2 - Personnel number assigned to him;
- 3 - Name of the structural unit where the resigning employee worked;
- 4 - Position in which the employee worked;
- 5 and 6 - date and number of the employment agreement signed with him;
- 7 - Date of dismissal of the employee;
- 8 and 9 - Document on the basis of which the employee is dismissed - application, agreement of the parties, etc., its registration number and date of receipt;
- 10 - column for the employee to mark the fact of familiarization with the order; a signature and date are placed here.
After the document is fully compiled, the manager signs it, indicating the position title, signature and its transcript.
If a trade union has been formed at the enterprise, then at the bottom of the document there is a column in which you can indicate the details of the written opinion of this body.
The dismissal order - when and in what form it is issued, by whom and how it is issued, we will tell you in our article. And we will definitely provide a sample of filling out the order for the most common dismissal situation.
When is the T-8 dismissal order form used?
An order for voluntary dismissal is issued on the basis of a corresponding application from the employee. In this case, the dismissal order makes reference to clause 3, part 1, art. 77 Labor Code of the Russian Federation. Be sure to familiarize the dismissed employee with the order on the day of dismissal against signature. If an employee refuses to sign or there is no way to familiarize him with the order, a note about this is made on the document (Article 84.1 of the Labor Code of the Russian Federation).
Form T-8 of the dismissal order is universal and can be used in different situations related to the dismissal of employees (meaning various grounds for dismissal).
The general grounds for termination of an employment contract (hereinafter referred to as TD) are listed in Art. 77 Labor Code of the Russian Federation. In the employee’s work book, as well as on his personal account / personal card (forms T-54 and T-2, respectively), upon dismissal, appropriate notes are made indicating the date/number of the dismissal order. Also, a settlement is made with the dismissed employee using the T-61 form.
You will receive more information about personnel documents by reading our article “Personnel documents that should be in the organization” .
Grounds for termination of an employment contract
In addition to the above dismissal at the employee’s request, there are a number of other grounds for termination of TD. Here is a list of frequently encountered grounds with links to articles of the Labor Code of the Russian Federation that will need to be indicated in the dismissal order:
- mutual agreement between employee and employer (Article 78);
- identified employee initiative (Article 80);
- refusal of an employee to continue working due to changes in the conditions of the labor contract (Article 74);
- employer's decision (Articles 71, 81);
- violation of law established rules signing the TD, if as a result a situation has arisen that excludes the possibility of continuing work (Article 84);
- the employee’s reluctance to move to another area to continue work along with the employer’s move (Article 72.1);
- expiration of the term of validity of an urgent TD (Article 79);
- the employee’s reluctance to remain in the company when its owner changes, subordination changes or the legal entity is reorganized (Article 75);
- refusal of an employee to transfer to another job for health reasons (Article 73);
- circumstances beyond the control of the parties to the transaction (Article 83).
You can familiarize yourself with the dismissal procedure in various situations in our articles:
- “Procedure for dismissal due to loss of confidence”;
- “Dismissal for medical reasons - step-by-step procedure”;
- “Dismissal for drunkenness - step-by-step procedure”;
- “Dismissal procedure due to liquidation of an organization” ;
- “Dismissal of an employee due to retirement (nuances)”, etc.
How to fill out an order
The dismissal order is drawn up by a personnel employee. In the column in which the basis for termination of the trade union must be indicated, the exact wording of the reason for dismissal must be given with reference to the norm of the Labor Code of the Russian Federation. In the line where the basis document should be described, its name and details are indicated in the form of number and date. For example, this could be a statement from the employee himself, a memo, a medical report, a summons to the army, etc.
If an order is drawn up to dismiss a materially responsible person, it will need to be accompanied by documentary evidence of the absence of property claims against the dismissed employee. If the dismissal order is issued on the initiative of the company’s management, then the opinion of the trade union of this organization (if it has been created and is functioning) is attached to the order.
Where to find an order for dismissal at your own request, sample 2019
In practice, many enterprises continue to use unified forms of documents, although it is not necessary to use them now. These forms, as a rule, contain all the necessary details and are convenient for entering data.
The dismissal order form, relevant in 2019, is the T-8 form developed by Goskomstat (you can use your own form, but T-8 is more common). You can download it on our website.
You can also download from us a sample order for dismissal at your own request.
Results
A dismissal order is drawn up in all cases of termination of an employment contract. Information about the order is entered into work book, therefore it is important to follow all the rules for filling out this primary document. The employee must be familiarized with the order. Personnel employees prefer to use a unified form of this order, such as T-8. You can download its form and sample in our article.
An order for the payment of an employee is issued upon termination (termination) of the employment relationship (contract) between the employer and the employee, so today we will look at how to correctly fill out the unified T-8 form. This order has a unified form T-8, which is determined by law. Let's take a closer look at this type of document and how it needs to be filled out, you also have the opportunity unified in this article.
Sample of filling out form T-8
This type of document is drawn up by the personnel department and signed by the head of the organization, after which it is handed over to the employee for review. At the same time, appropriate changes are made to the personal account (form T-54) and to the personal card (form T-2), and a certain note is also made in the employee’s work book. According to the rules, a dismissal order is issued on the employee’s last working day.
Filling out the unified form T-8
Drawing up the form begins with the classic filling out of the “header” of the document: the name of the enterprise according to the charter, assignment of a number, it consists of letters and numbers, OKPO code, the date of the worker’s final working day is entered, structural subdivision where the employee works, his profession (position). After this, the date of the employment contract and its number, as well as the date of dismissal, are written down. If, based on the completion of a fixed-term employment contract, an employee terminates his own labor activity, then the line “dismiss” is simply crossed out. Full name must be written in genitive case, the lines “position” and “structural unit” are also filled in, this data is written out from the employment contract.
Unified form T-8 has a line called “reason for termination of the employment contract”, it indicates the reason in connection with which the employee ceases working at this organization, for example, termination of the employment relationship at the employee’s own request, Article 77. 3 clauses of the Labor Code of the Russian Federation, for staff reduction, transfer to another enterprise, and so on.
In the line “grounds (date, document)” a document is written that is the basis for termination of the employment relationship, that is, for what reason the employee was fired. It might look like memo, an employee’s application for dismissal on personal initiative or another type of document.
Unified form of T-8a and T-8 has newly introduced details, which are drawn up with the approval of the trade union body for the subsequent dismissal of the worker. The details have the committee decision number and a link to the date; these data are placed after the link. One copy of the order remains in the archives of the HR department, and the second is transferred to the accounting department, which makes a full settlement with the employee.
After the order is completed, it must be endorsed and signed; these actions are performed by the head of the enterprise after the employee has read the documents.
So now you are familiar with how to correctly fill out the unified form T-8, be careful when compiling of this document, since it has high degree importance.
The purpose of this document is to terminate the working relationship. The unified form of the order for dismissal at one’s own request (No. T-8; No. T-8A) has been approved. filled in with one employee, No. T-8a - upon termination of working relations with a group of workers.
It is also possible to use a form compiled in any form. The main thing is that the order is issued in compliance with the requirements for primary documents. You can download the form for dismissal at your own request in the article.
How to fill out a resignation letter at your own request
The form is prepared by an employee of the enterprise’s HR department. It is then signed by the director of the company. Upon termination of an employment contract with financial responsible person The order must be accompanied by an acceptance certificate confirming the absence of complaints against the employee holding a responsible position.
The order must be filled out in compliance with all requirements for its execution. The form must include the following information and details:
- the top line of the document indicates the name of the employing organization or the surname, first name, patronymic of the manager - individual entrepreneur;
- further indicates the number of the order and the date of its issue;
- in the line “Terminate the employment contract from ...” the dates of the conclusion of the employment contract and its termination are indicated;
- in the next line information about the employee is written: last name, first name, patronymic of the person resigning in the genitive case, his position and personnel number;
- in the line “Grounds for termination of the employment contract” the basis for termination of the employment contract is indicated - “at the initiative of the employee, clause 3, part 1, art. 77 Labor Code of the Russian Federation ";
- further indicates the basis for issuing the order (statement by the employee);
- signature of the director, seal of the organization;
- the wording “acquainted”, date of familiarization and signature of the employee.
The employee must be familiarized with the document. Based on it, entries are made to and from the employee, and calculations are also prepared in the accounting department. This document must be registered in the order register.
What date should I indicate in the order?
According to general rule, the notice period for leaving is set at two weeks. Consequently, the employee must notify the manager two weeks in advance of his departure from the organization by providing him with an application. It indicates the last working day. This is the date that should appear in the order.
Therefore, it is important to correctly indicate the date of the last working day in the application:
- If an employee writes in his resignation letter the following wording: “I ask you to dismiss me as of March 16, 2016,” then on March 16, 2016, he will no longer be considered to be working in the organization. The day of dismissal will be the previous date - 03/15/2016, which must be indicated in the manager's order.
- If he writes: “Please fire me on July 20, 2016,” then this date will be considered the last working day. This date should be indicated in the order.
Loading...
