Procedure for termination of the employment contract. The procedure for entering into an agreement on the initiative of the employer. Special cases of termination of the employment contract

The Labor Code provides for a number of grounds for termination of the employment contract, referred to in Article 77. According to it, the employer and employee can stop their employment relationships on the initiative of any of the parties. In this article, we will consider how it can be terminated by the employment contract.

General order

According to the Labor Code, during the termination of the employment contract, an order or an orders of the employer is necessarily issued, with which the employee must be familiar with the painting. If an employee refuses a signature under the document, an appropriate entry is performed on the order. A copy of the order or order at the request of the employee can be issued to him.

In the afternoon of termination of the employment contract, in any case, the last working day of the employee (the exception is cases when the employee actually did not work, but it was maintained).

Employer record is obliged to make an employer in full compliance with the Labor Code. This means that the formulation must indicate the article, paragraph or part of the article.

On the last working day - the day of dismissal - the employer is obliged to give the employee a labor book and full calculation. If the employee did not appear for the documents, he should be sent notice of the need to get a labor book. If an employee who has not received a book in time, requests it to give him it, the employer is obliged to do this for a three-day period from the moment of circulation (refer to three working days).

Agreement of the Parties (Article 78 of the Labor Code of the Russian Federation)

If the employer and employee decided to stop their labor relations in agreement of the parties, the employee must apply, with a request to dismiss it in accordance with paragraph 1 of Art. 77 of the Labor Code of the Russian Federation. Such dismissal differs significantly from dismissal at their own request. For example, if an employee after dismissal becomes registered as an unemployed, the manual will be determined not on the basis of the minimum wage, as for dismissed at its own desire, but on the basis of an open salary at the last place of work.

The agreement on termination of the employment contract is in writing and, in fact, is an additional agreement that is attached to the employment contract. It lies between the employee and the employer in the absence of mutual claims. He named the employer agreement can sign the personnel inspector or other authorized person. Such an agreement, as a rule, satisfies the interests of the employee. For example, it can receive compensation for termination of the employment contract or the administration of the enterprise will refuse to hold the cost of training the employee (if the training took place).

Termination of an urgent employment contract (Article 79 of the Labor Code of the Russian Federation)

If the employee works under an urgent employment contract, then three days before the deadline for its expiration - actual dismissal - the employer must warn an employee in writing. This means that the employee must be awarded or sent by mail notice to terminate the employment contract. The urgent contract may be:

• to fulfill the responsibilities of a temporarily absent employee (such a contract must be terminated simultaneously with the release of this employee in its place of work);
• at the time of certain work (such a contract is terminated upon completion of the performance specified in it);
• the contract for the execution of seasonal works (such a contract is terminated at the end of the season).

But in the matter of termination of an urgent contract, there is one subtlety: if a pregnant woman works on it, then the term of such a contract is extended before she has the right to leave for pregnancy and childbirth.

If an employee working on an urgent contract wants to quit his own desire, he must apply for the head of the head (that is, notify it) three days before the date of dismissal.

Termination of the employment contract on the initiative of the employee (Article 80 of the Labor Code of the Russian Federation)

Dismissal on the initiative of the employee is nothing else as dismissal at your own request. To apply for dismissal at your own request, an employee has the right at any time, at least two weeks before the date of dismissal, and the head of the organization - for the month. The cause of such dismissal can be any personal circumstances. But if the employee is dismissed due to:

• with admission to an educational institution;
• retirement;
• moving to another locality;
• due to violations of labor legislation by the employer;
• he has the right to dismissal without working out.

During the workshop, the employee has the right to change their mind and withdraw its statement. In this case, he will continue to work in his place, if, of course, he was no longer taken by a new employee who could not be able to refuse to make a job for some reasons.

If the worker is still fired, then on the last working day, the employer is obliged to fully settle with the employee, paying it to the wage, compensation, vacation, and issue all the necessary documents and the labor book.

An employee who recalled his statement, but does not insist on the dismissal, and the employer did not calculate it at the right time and did not issue documents, it is considered continuing, and his application for dismissal is recognized as invalid.

Termination of the employment contract on the initiative of the employer (Article 81 of the Labor Code of the Russian Federation)

The employer, like an employee, has the right to terminate the employment contract on its initiative. The grounds for termination can be common and additional. General applicable to all employment contracts, and additional to employment contracts of individual categories of employees. Termination of an employment contract for general reasons may occur in several cases:

• upon liquidation of the enterprise;
• when reducing the state or number of employees;
• due to the inconsistency of the employee of the employed position (due to low qualifications, which is confirmed by certification documents, as a state of health, is confirmed by medical conclusion);
• because of the gross one-time violation by the employee of employment duties (driving, going to work in a state of alcoholic, narcotic or toxic poisoning, disclosure of state or commercial secrecy);
• due to repeated non-fulfillment of labor duties (if the employee already has disciplinary recovery);
• committing theft, waste, deliberate destruction and damage to property;
• violations of labor protection claims, which caused an accident, an accident, a catastrophe or created a real threat;
• for committing immoral actions (for pedagogical workers);
• with the loss of confidence (for financial workers);
• for the adoption of unreasonable decisions that entailed the illegal use of property (for managers, deputy heads, chief accountants);
• for providing false documents when concluding an employment contract.

It is worth noting that to terminate the employment contract with an employee according to one of these grounds, the employer must have confirming documents. This means that the appearance at work in a state of alcohol intoxication must be recorded by the act confirming the presence of an employee in the workplace, and medical conclusion.

The employer cannot dismiss the employee who is on sick leave or on vacation (the exception is the liquidation of the enterprise).

If the employer is an individual entrepreneur, then when it stops its activities, it may terminate labor contracts with its employees. In this case, the basis for termination of the employment contract will be an extract from the EGRIP.

Additional reasons for termination of the employment contract

Termination of the employment contract by the employer is also possible on additional grounds that are stipulated in other regulatory acts. For example, pedagogical workers can be dismissed for the use of inappropriate methods of education (they include physical or psychological violence) or violation of the Charter of the educational institution (FZ "On Education"), and civil servants - for disclosure of information that make up state secret or entrepreneurial activities (FZ "On public service").

Who can not be terminated by the employment contract on the initiative of the employer?

• pregnant women;
• women who have children under three years;
• mother single who have children have not reached 14 years old or have a disabled child under 18;
• other people who raise children without mother.

Dismissal in order of translation

Such dismissal can be made only if there is an appropriate statement of the employee and confirm from another employer about the consent to take it to work (this may be a warranty letter or a signed application for employment). If we are talking about election to any election position, the employee must provide a document confirming the election.

The dismissal of the employee in connection with the refusal to continue work (Article 75 of the Labor Code of the Russian Federation)

Such dismissal is possible if there was a change in the owner of the property of the organization, reorganization or a change in the jurisdiction of the institution. In this case, the employee simply applies to dismissal. This rule does not concern the chief accountant, the head and his deputy. With them, an employment contract can be terminated on the initiative of the new property owner of the organization for three months after its property has occurred.

Dismissal of the employee in connection with the change in essential working conditions

In practice, there are often situations when, when changing the organizational or technological conditions of labor, there is a change in the conditions of the employment contract, but without a fundamental change in labor function. About such changes, the employee must necessarily notified in writing two months before their introduction. If the new conditions of the employee are not satisfied, the employer is obliged to offer him another job (the proposal is also done in writing), which corresponds to its qualifications and health status. If there is no such work, but the employee does not agree in the changed conditions, the employment contract is terminated (Article 73 of the Labor Code of the Russian Federation).

Sometimes a change in the working conditions may entail mass dismissal. In these cases, an incomplete working day is possible, which can be introduced in coordination with the trade union for up to six months. If the employee refuses to work in new conditions, then the termination of the contract occurs under Article 81 of the Labor Code of the Russian Federation.

Health dismissal

The employee has the right to apply for the provision of another work in accordance with the state of his health, which should be confirmed by medical documents. But if the organization does not have a suitable job or an employee refuses to transfer, then the termination of the employment contract occurs under Article 77 p. 8 of the Labor Code of the Russian Federation. From the documents, there must be a medical conclusion, an employee's statement about transferring it to another job and documents confirming the lack of suitable work (or refusal of an employee from transfer to specific work).

Termination of the employment contract in connection with the movement of the employer to another locality

It happens that the owner of the enterprise translates production to another locality. In this case, the employer is obliged in writing to notify employees about the transfer of production, and upon receipt of a refusal to translate together with the organization, terminate with those who refused the employment contract.

Termination of the employment contract on circumstances independent of the will of the Parties (Article 83 of the Labor Code of the Russian Federation)

The grounds for termination of an employment contract with the wording "According to circumstances that do not depend on the will of the Parties" may be the most different, for example:

• conscription;
• restoration in the position of the previous employee (on the court or decision of labor inspection);
• the impossibility of translating to another job on the statement of the employee;
• in the invisibility;
• recognition of the employee is disabled under medical documents;
• conviction of the employee to punish (by the court decision), disqualification, administrative punishment, excluding the possibility of fulfilling his duties;
• death of an employee or his storm absence;
• emergency circumstances (natural disasters, disasters, war, epidemic, accidents), which are recognized by the decision of the Government of the Russian Federation.

The procedure for termination of the employment contract in this case requires the provision of documentary confirmation of the circumstances, and then on the basis of the documents submitted (agenda from the military registration and enlistment office, the death certificate, the decision of the court, the medical conclusion, etc.) is published an order to terminate the employment contract.

But in some cases, the employer can offer an employee's transfer to another position. For example, when recovering by the court decision as the previous employee, the employer has the right to offer an employee who worked in his place, another job.

Termination of the employment contract due to violations under its conclusion (Article 84 of the Labor Code of the Russian Federation)

Sometimes the employment inspection is detected by violations that were allowed when concluding an employment contract. Such agreements on the law should be terminated. Causes may be the most different, for example:

• the contract was concluded with the employee who, by the court decision, is forbidden to occupy this position or carry out a specific work (in this case, the employee must first offer another work, and if he refuses to terminate the employment contract with him);
• the contract was concluded for the work of work, which is contraindicated by an employee for health state (there must be a medical conclusion);
• the contract was concluded with an employee without a specialized education (if, in accordance with regulatory acts, the post or type of work performed by the employee requires special education of a certain level).

In any of these cases, the employer who admired the unauthorized contract is obliged to pay an employee a day off manual in the amount of average earnings. The exception is a situation where the employee misled the employer. In this case, the employee is terminated by the contract on the initiative of the employer (providing substrate documents).

Features of termination of an employment contract with foreign citizens

If the employer collaborated with a foreign citizen, then within three working days after termination of the employment contract with him, he must report this to the territorial body of the FMS, the employment center and the territorial tax authority.

New edition of Art. 80 TC RF

The worker has the right to terminate the employment contract, warning about this employer in writing no later than two weeks, unless otherwise established by this Code or other federal law. The course of the specified period begins the day after receiving the employer of the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated before the expiration of the prevention of dismissal.

In cases where the statement of the employee on dismissal on his initiative (at wish) is due to the inability to continue their work (enrollment in the 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 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 statement.

Before the expiration of the warning about the dismissal, the employee has the right to withdraw his statement at any time. Dismissal in this case is not carried out if another employee is not invited to his place in writing, who, in accordance with this Code and other federal laws, cannot be denied the conclusion of an employment contract.

After the expiration of the warning about the dismissal, the employee has the right to stop work. On the last day of work, the employer is obliged to issue an employee a labor book, other documents related to the work, on the written statement of the employee and to make a final calculation with it.

If, after the expiration of the warning about the dismissal, the employment contract was not terminated and the employee does not insist on dismissal, the work of the employment contract continues.

Commentary on Article 80 TK RF

The procedure for termination of the employment contract on the initiative of the employee is defined by Article 80 of the Labor Code of the Russian Federation. This article provides an employee the right to the early termination of the employment contract at his own request, without putting this desire to dependence on the motives that the employee is guided in this case, they can be in principle any.

The early termination of the employment contract on the initiative of the employee is preceded, as already noted, a written warning about this employer, which should be directed last no later than 2 weeks before the expected date of dismissal of the employee. It is noteworthy that such a statement should be filed by an employee, regardless of whether it is "when executed" or, for example, on a hospital.

Accordingly, when submitting an application with access to work (for example, after vacation), the employee must proceed from the fact that in general the employment contract with it will be terminated on the 15th day after applying. After the expiration of the warning about the dismissal, the employee has the right to stop work.

However, it is also a respected readers to pay special attention - by agreement between the employee and the employer, the employment contract may be terminated and before the expiration of the warning period about the dismissal, i.e. earlier than 14 days later. For this, the employee should be specified in a written statement the desired date of dismissal.

For its part, the employer can satisfy this request of the employee, and may and refuse it in this. Nevertheless, in cases where the submission of a written statement on the early termination of the employment contract on the initiative of the employee is due to the impossibility of continuing to work on working, for example, in connection with the 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 acts containing the norms of labor law, the conditions of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract in the period specified by the employee in the application.

On the other hand, Article 80 of the Labor Code of the Russian Federation provides an employee right before the expiration of the warning of the dismissal at any time to withdraw the written statement submitted earlier. The emergence of a similar situation, which in practice, by the way, is by no means rare, therefore implies two options for its permission:

1. At the time of the recruitment by the employee of a written statement on the early termination of the employment contract for the position liberated by him (workplace), another worker was invited in writing.

In this case, the employer is not entitled to refuse the "thoughtful" employee in the continuation of work under the conditions provided for by "a little bit of a non-brave labor contract. Thus, if, after the expiration of the warning about the dismissal, the employment contract was not terminated and the employee does not insist more than dismissal, continuing to fulfill the work entrusted to him in accordance with the employment contract (labor function), then the employment contract continues until the occurrence of circumstances make it possible Termination on legal grounds.

2. At the time of the recall by the employee of a written statement on the early termination of the employment contract for the employer liberated by him (workplace), the employer was invited in writing, another worker who - emphasize this - in accordance with the Labor Code of the Russian Federation and other federal laws cannot be denied Conclusion of the employment contract. Let us explain this in the following example:

To the position of employee Lukina L.L., who submitted a written statement with a request for dismissal at his own request, a few days after that, an employee of Novikov NN was invited in writing. At the same time for Lukina L.L. The work performed by him was the main, and Novikov N.N. Invited to work as a partner.

Three days before the expiration of the warning term Lukin L.L. Same as an employer writing a written statement with a request to continue the work in the same quality. In this situation, the employer has the right:

b) Suggest Novikov N.N. Performance of work as the main and in the case of the consent of the latter, expressed in the form of a written statement, notify Lukina L.L. The worker is invited to his place in writing in writing, for whom this work will also be the main one. However, in case of refusal Novikova N.N. From fulfilling work as a basic to him, in turn, can be denied the provision of this work, since Lukin L.L. still ready to perform it precisely as the main (as it was provided for the employment contract with him);

c) in case of consent Novikova N.N. To perform the work previously spent Lukin L.L., as the main employer may (but not obliged) to offer Lukin L.L. Another work available at the enterprise and, with the consent of Lukina L.L., take it to the enterprise in a new capacity, having previously terminated with him a labor contract on the basis of Article 80 of the Labor Code of the Russian Federation, and then concluding a new employment contract with the employee.

On the dismissal of the employee on the basis of Article 80 of the Labor Code of the Russian Federation, the employer is published by an appropriate order. Based on the order of the dismissal of the employee, the issuance of other necessary documents is issued.

Another comment to 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 as an urgent employment contract before the expiration of its term and the contract concluded for an indefinite period. Previously, the legislation has established restrictions on the possibility of an employee ahead of time to stop the urgent employment contract (Art. 32 of KZOT), reasonably based on the fact that the term of the term is one of the many conditions that make up the content of the employment contract, which is due to the unifunted unilateral violation of this condition contradicts the universal The principle of contractual law - "contracts must be executed."

2. By virtue of Part 1 of Art. In the 80th Tk of the Russian Federation, the voltage of the employee on the termination of the employment contract must be expressed in writing. All other forms of such a voltage have no legal significance. The employee's initiative aimed at one-sided termination of the employment contract is usually expressed in the form of an appropriate written statement.

In practice, there are often cases when the employer detains the production of calculation with the employee and issuing a workbook to him, motivating this by the fact that the employee did not fill the so-called bypass leaflet, did not pass on material values, etc. This kind of practice is not provided for by the current legislation on labor, and therefore is illegal. Moreover, after the expiration of the warning about the dismissal, the employee is entitled to stop working, and the employer is obliged to give him on the day of dismissal (the last day of work) the workbook and on the written statement of the employee a copy of documents related to work, as well as to pay all the amounts due to it from the employer (see Art. Art. 62, 140 Tk of the Russian Federation and comment on them).

3. Termination of an employment contract on the initiative of the employee is possible at any time and without specifying grounds for dismissal. At the same time, without limiting the right of an employee to be easily abolished by his own request, the legislator binds the offensive of a different kind 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 causes of dismissal, the list of which is given in this law, affects the size of the scholarships paid to citizens during the training, retraining and advanced training in the direction of bodies Employment services, as well as unemployment benefits. The reasons for dismissal at their own request listed in paragraph 1 of Art. 29, confirmed by records in the employment record. Consequently, the reason for dismissal should be indicated not only in the statement of the employee, the order to terminate the employment contract, but also in the employment record.

4. The decision on the dismissal at his own willing should be an act of the free will of the employee, otherwise it is impossible to talk about the termination of the employment contract on his initiative. In this regard, the Supreme Court of the Russian Federation draws the attention of the courts to the need to proceed from the fact that the termination of the employment contract on the initiative of the employee is permissible in the case when the application for the dismissal was voluntary by its will. If the plaintiff claims that the employer forced him to apply on the dismissal at his own desire, then this circumstance is subject to verification and the obligation to prove it is assigned to the employee (sub. "A" P. 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 ). However, it cannot be considered as an employee's coercion to dismiss the employer's threat to terminate with him on its own initiative, provided that the employer had for this basis stipulated by law (see Art. 81 of the Labor Code of the Russian Federation and the comment on it).

5. If before the expiration of the warning of the termination of the employment contract, the employee refused to dismiss on his own desire, it is considered not submitted and cannot be dismissed under the foundation under consideration. An exception is the case when another employee is invited to the place of the dismissal worker in writing, who, for the law, cannot be denied the conclusion of an employment contract. The wording of Art. 80 TK RF is completely unequivocal: only those cases may be invited to the place of the employee who dismissed at their own request, and in writing, another worker, i.e. The person engaged in another employer, dismissed in the order of translation to this employer (see Art. 72, paragraph 5 of Art. 77 of the Labor Code of the Russian Federation and comment on them). Accordingly, all other guarantees established by the Law of the Conclusion of the Labor Treaty (see Art. 64 of the Labor Code of the Russian Federation and comment on it) on the situation provided for by the commented article do not apply. For example, it cannot be denied the annulment of a declaration of dismissal at your own request to the employee on the grounds that his position is supposed to be rendered by a woman in a state of pregnancy, which this work is promised.

When granting a vacation with the subsequent dismissal in the event of termination of the employment contract on the initiative of the employee, this worker has the right to withdraw his application for dismissal before the day of the beginning of the vacation, if another worker is invited in his place (see Art. 127 of the Labor Code of the Russian Federation and comment on her). In the event that during the period of staying on vacation, there was a temporary disability of the employee, as well as in the presence of other valid reasons, leave to be extended to the appropriate number of days (see Art. 124 of the Labor Code of the Russian Federation and comment on it), while the day of the vacation is considered . At the same time, if the employee insists on the termination of an employment contract with an initially defined date, its requirement is subject to satisfaction.

Since the law provides for the mandatory written form of submission of a declaration of dismissal at one's own request, it should be assumed that the will of the employee should be expressed in the same form to cancel the annulment of this statement.

6. In accordance with Part 6 of Art. 80 TC, if, after the expiration of the warning about the dismissal, the employment contract was not terminated and the employee does not insist on dismissal, then the contract continues. Thus, the fact of the expiration of the term of working as an employee excludes the possibility for the employer to terminate the employment contract for the foundation under consideration if "the employee does not insist on the dismissal." Last wording wide and uncertain. It should be assumed that the case falls under it when, after the expiration of the warning about the dismissal, the employee went to work and was allowed to be allowed (that is, continued the fulfillment of responsibilities for the employment contract). At the same time, Part 6 of Art. 80 should act and then when the employee expressed the desire to continue the work, was not allowed to be allowed, but the employer detained the issuance of the employment record, other documents required by the employee related to work, as well as the production of calculation with it.

Forms in which the employee can "insist on dismissal", are not defined by law. The most obvious is the cessation of work after the expiration of the prevention of dismissal; However, the voltage of the employee in other forms is not excluded when working. In the latter case, dismissal should be carried out in other terms agreed by the parties.

It should be borne in mind that the consideration of the employee's requirement has a legal significance only at the time of the expiration of the test. If the employment contract was not terminated after the expiration of the testing, the employee continued to work, and later demanded the termination of the employment contract with him with reference to Part 6 of Art. 80, such a requirement cannot be recognized as legitimate: the employment contract must be terminated according to the rules established by Art. 80, including the development of the established period of preventing dismissal.

7. The warning period by the employer employee about the upcoming dismissal is determined by the legislation on labor. In accordance with Art. 80 TC RF employee, terminating the employment contract, must warn about this employer in writing no later than two weeks. Consequently, the prevention of dismissal on his own will can be done and earlier than in two weeks. A temporary or seasonal employee must warn about this employer in three days (see Art. Art. 292, 296 of the Labor Code of the Russian Federation and comment on them). The same period is envisaged at the dismissal of the employee at his own request during the period of testing (see Art. 71 of the Labor Code of the Russian Federation and comment on it). The head of the Organization has the right to terminate the employment contract ahead of time, warning about this employer (owner) of the property of the organization no later than one month (see Art. 280 of the Labor Code of the Russian Federation and comment on it). The expiration begins the next day after the calendar date, which defines the application of the application (see Art. 14 of the Labor Code of the Russian Federation and comment on it).

The absence of an employee at work for valid reasons (for example, in connection with the coming temporary disability) is not a reason for extending the term of working out when dismissal at their own request. At the same time, the rejection of the employee from dismissal may be declared by the employee and during its absence at work for the specified reasons.

As a general rule, the reduction in the period of work is unilaterally not allowed. So, if the employee left a job, without spending the deadline established by law, then this fact is regarded as a program, which gives the basis to dismiss the employee at the initiative of the employer (sub. "A" 6 Art. 81 of the Labor Code of the Russian Federation). At the same time, judicial practice comes from the fact that an arbitrary, without coordination with the employee, reducing the term of working out or dismissal without working out, gives an employee to the basis of demanding recovery at work with the payment of the time of forced absenteeism.

From this rule, one exception is envisaged when the reduction in the term is due to respectful reasons, the list of which is given in part 3 of Art. 80 TC RF. These cases include the admission of an employee for military service under the contract (see paragraph 2 of the comments to Art. 83 of the Labor Code of the Russian Federation).

The fact of violation by the employer of laws and other regulatory legal acts containing the rules of labor law, the conditions of a collective agreement, an agreement or an employment contract, as a circumstance obliging the employer to terminate the employment contract in the period specified in the employee's statement, can be established, in particular, by the authorities State supervision and control over compliance with labor legislation, professional unions, labor dispute commissions, court (part 2 of the sub. "B" of paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2).

In these cases, the employer is obliged to terminate the employment contract within which the employee asks.

In all other cases regarding the termination of the employment contract at the initiative of an employee without working out the statute of the period or a reduction in this period, the consent of the parties should be reached (sub. "B" of paragraph 22 of the specified decision of the Plenum of the Supreme Court of the Russian Federation). It can be expressed in the form of a written statement of the employee about the dismissal on his own request, indicating the conditions for dismissal without working out or with a shorter period of testing or a corresponding order of the employer comprising a signature of a dismissal employee. Strictly speaking, since the law (part 2 of Art. 80 of the Labor Code of the Russian Federation) does not provide for the form of an agreement of the employee and the employer regarding the term of working out when dismissal at their own request, such an agreement can be achieved in oral form. However, the difficulties of proving the presence of this Agreement should be taken into account.

8. It should be proceed from the fact that under the general rule, if there is another reason to terminate the employment contract, for example, the change of the owner of the organization (see Art. 75 of the Labor Code of the Russian Federation and the comment on it), go to work towards another employer or an elected position ( See paragraph 5 of Art. 77 of the Labor Code of the Russian Federation and the comment on it), the refusal of the employee from the continuation of work in connection with the change in the significant conditions of the employment contract (see Art. 74 of the Labor Code of the Russian Federation and comment on it), refusal to transfer another work in According to the medical conclusion, the rejection of translation in connection with the movement of the employer to another locality (see Art. 72.1 of the Labor Code of the Russian Federation and the comment on it) - the priority should be given to a pronounced employee will be the will of the dismissal on his own request.

In addition, according to the employee's statement, the dismissal of which is recognized illegal, the court may limit oneself to the decision on the recovery of the average earnings during the forced absenteeism and the change in the formulation of the foundation of the dismissal of dismissal at his own request (see. 3, 4 . 394 TK RF and comment on them). The submission of a written statement on the dismissal for his own will cannot be considered a circumstance that excludes the possibility of termination of an employment contract with him on the initiative of the employer - if there are grounds established by the law.

• Up

By violating the procedure for termination of the employment contract on the initiative of the employee in 2018, the company risks greatly. Tell how to avoid conflict and make all the necessary documents on time.

From the article you will learn:

At first glance, dismissal at their own desire is the easiest and most trouble-free way to say goodbye to the employee. No need to pay output guide or search for "reinforced concrete" reasons for termination of labor relations. But not everything is so smooth: the slightest violation of procedural order can make the employer defendant in court. Explanations of experts, cases of practitioners and useful tips on the topic - in a special selection " : How to prevent judicial claims. "

The basis of termination of the employment contract on the initiative of the employee in 2018

The written statement is the only legal basis that makes it possible to divorce the employment contract on the initiative of the employee (Article 80 of the Labor Code of the Russian Federation). The text of the application must clearly and unequivocally indicate the desire to quit. In other words, it should be viewed by the conscious voluntary position of the applicant. If the wording is vague and ambiguous, there is no clear request to fire, the date is not specified - the company may have problems in the future, but it is even more dangerous to dismiss on the obvious request. An employee can recover as a court decision. In the article "How At work, "the correct algorithm of the employer's actions in case of such an outcome is described.

Download documents on the topic:

Important: The application is considered valid only if there is a date and signature of the applicant.

Employee is not obliged to specify the cause of the care. But he can do it to confirm the right to dismissal without working out (for example, writing that it retires from such a day). Unified form of dismissal statement at your own accord does not exist. The employer can independently develop a sample workpiece or accept statements written in free form. So looks like a typical example of a document:

General procedure for termination of the employment contract on the initiative of the employee

The procedure for termination of the employment contract on the initiative of the employee is regulated by Article 80 of the Labor Code of the Russian Federation. At first, the employee submits an application for dismissal to the personnel department - personally, through a representative, by mail or fax. If, before the expiration of the warning, he did not change his mind and did not take advantage of the right to withdraw, the employer publishes an order to terminate the employment contract. The administrative document is drawn up using a unified T-8 form or a locally developed form.

Check yourself

1. In which case, TD is terminated according to circumstances, independent of the will of the parties:

• a. The employee filed an application for dismissal due to retirement;
• b. The employer reduces state number;
• c. The license giving the right to perform a certain type of necessary work has expired.

2. What document is issued to the employee on the day of dismissal only at his request:

• a. a copy of the order of awarding;
• b. employment history;
• c. certificate of sum wages.

3. What are the consequences of the conclusion of TD with violation of key requirements of the law (for example, if the employee does not have sufficient qualifications to work in this position):

• a. labor inspectorate will oblige to reneak TD without disorders;
• b. The relations of the parties are terminated on the basis of Article 84 of the Labor Code of the Russian Federation;
• c. It is necessary to change the terms of the agreement with an additional agreement to it.

4. Who can not be fired in connection with the loss of confidence:

• a. Additional education teacher;
• b. collector;
• c. Cashier.

5. For how long it is necessary to prevent dismissal on the probationary period:

• a. in 5 days;
• b. for 7 days;
• c. in 3 days.

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

One of the grounds for termination of the employment contract is the termination of an employment contract on the initiative of the employer. The company may terminate working relationships on a strictly limited list of reasons, unlike the employee. The termination of the employment contract on the initiative of the employee is possible at any time without specifying the reasons.

Working relations are always accompanied by the conclusion of the contract. And when it is necessary to quit, you should know how to terminate it correctly. All agreements, including employment, can be terminated. This can occur both on a voluntary basis and forcibly. In the Labor Code of the Russian Federation (Labor Code), the termination of the contract regulates in chapter 13. The procedure for the rupture of working relationships is registered in the Code, depending on the situation, and on who is the initiator. Consider the termination of the employment contract on the initiative of the employer, employee and by agreement of the parties.

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Termination of the employment contract for the TK RF

The end date of the contract is the last working day. According to the Labor Code of the Russian Federation, a record is made to the employment record with an indication of the article and paragraph of this Code of dismissal. On the same day, documents are already issued, and a complete calculation is made.

If the employee forgot or could not pick up a book, he is sent notice of the need to pick up a document from the personnel department. An employee can send an employer with a request to send documents by mail or in another way, and the organization is obliged to fulfill the request within three working days.

When dismissing a foreign citizen, for three working days, the employer must notify the territorial bodies of the FMS and FTS, as well as the employment center

It is useful to know what to do if you pay.

General grounds for termination of the employment contract

Possible causes of completion of cooperation are indicated in Art. 77 TK RF. So, we list the general grounds for termination of labor relations:

1. The offensive date of the end of the working contract.
2. Termination of the contract on the initiative of the employee.
3. Mutual desire of the parties.
4. An employer initiative to break the working relationships.
5. Translation of an employee to another organization at his request or agreement, or appointing it to the election position.
6. Employee's refusal to continue working relationships with the new owner of the property of the organization, unwillingness to cooperate in connection with the reorganization of the enterprise.
7. Failure to work on amended agreement (part 4 of Article 74 of the Labor Code of the Russian Federation).
8. Disagreement of the employee to go to another work prescribed by him a medical conclusion issued according to federal laws and other NPU of the Russian Federation, or the lack of the necessary position at the employer (Part 3 and 4 Article 73 of the Labor Code of the Russian Federation).
9. The worker's refusal to translate together with the organization to another locality.
10. Involving the circumstances from the will.
11. Conclusion of an agreement with violations of legislation that do not allow to continue cooperation.

Fact

For persons who have not passed the trial period are provided by a special procedure for dismissal. Documents are applied acts and reports of managers about unsatisfactory test results. Notification of the decision not to employ this citizen must be awarded him no later than three days before the reduction.

Termination of the employment contract on the initiative of the employee

The worker can be quitted at his own request. It is not necessary to specify the reason in the application, the main thing is to warn the employer at least in two weeks.

Important

Employees held by the position in the management of the Organization are obliged to notify the authorities about their dismissal of at least a month.

At the same time, the employee persists the right to change their mind and pick up a statement if they did not have time to invite another specialist who could not be refused to be refused by employment.

No need to work out two weeks to those who leave work due to moving, admission to an educational institution, in connection with retirement.

Termination of the employment contract on the initiative of the employer

The company may terminate working relationships on a strictly limited list of reasons (Article 81 of TCRF). So the termination of the employment contract on the initiative of the employer may occur due to:

• . The employee must be paid a day off, also for it remains no more than two average salary for the period of employment.

Important

The organization must notify about the current reduction in no less than two months.

• Reduced state organization. If the employer has no vacancies, then the dismissal procedure is similar to the reduction in connection with the liquidation of the enterprise.
• Losses of confidence in financial employees.
• Providing false information in case of employment.
• Insufficient employee qualifications for his position.
• Not fulfillment of workers of their duties with a recorded disciplinary misdemeanor.
• Non-observance of labor techniques, which resulted in consequences, for example, an accident in production.
• A gross one-time violation of labor duties - a walk, the appearance in a drunken state in the workplace.
• Theft or damage to the property of the organization.
• Declections by commercial and other secrets protected by law.

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

The Labor Code of the Russian Federation provides cases where the reduction of individual categories of workers is not allowed. Thus, the Code has protects the interests of pregnant women, women on leave to care for the child before reaching it for 3 years, Mothers are single with children under 14 or up to 18, if a child is disabled. The face is not subject to dismissal, the care of which is a child without a mother.

Except is the elimination of the enterprise, in this case all employees of the organization remain without work.

Termination of the employment contract by agreement of the parties

The mutual desire of the parties to stop working relations is issued by the statement of the worker about the dismissal indicating Claus 1 of Article 77 of the TCRF. Even if the proposal came from the employer, the termination of labor relations by agreement of the parties looks almost as dismissal at the request of the employee. The difference is to formulate the order and in the fact that when registering in the employment center, a former employee will be determined by the allowance in the amount of an official salary paid at the last place of employment.

When the parties of the working relations come to a general desire to complete them, they sign an agreement on the termination of labor relations. It is applied to the main contract.

Termination of cooperation in circumstances, independent of the will of the parties. This wording may appear in the documents if:

• worker called on military service;
• by the decision of the court or labor inspection, the previous employee was restored;
• there is no possibility to satisfy the request of the employee about the translation to another position;
• the working court disqualified, convicted of punishment, is subject to administrative responsibility that does not allow to fulfill its duties;
• according to the medical conclusion, the worker is recognized as disabled;
• the employee is recognized as officially missing or died;
• emergency circumstances have occurred recognized by the decision of the Government of the Russian Federation (accidents, epidemics, war).

If the circumstances occurred, independent of the will of the Parties, requires the provision of a document confirming their offensive, for example, death certificate, the court decision, the agenda from the military registration and enlistment office. It is on the basis of this document and the order of dismissal is published.

Termination of cooperation due to violations in employment

If the labor inspectorate has discovered violations admitted to the employment of citizens, then cooperation with them can be discontinued. As a rule, the reason is the prohibition to occupy a certain position or to fulfill this type of work by the court decision or for health. Cooperation may be discontinued if the organization has accepted a person without the necessary profile education.

If an employer error was made in employer, then he pays the output allowance in the amount of average salary. With intentional granting the employee of false information, he dismissed on the initiative of the employer.

Termination of an urgent employment contract

When working relationships are decorated for a certain period, the termination of the urgent employment contract is issued according to Article 79 of the Labor Code of the Russian Federation. Whoever is the initiator of the dismissal, the termination notice must be transferred to the other side no later than three days before the date of dismissal.

Cooperation, issued for a certain period in order to fulfill specific work, replacing the main employee, the implementation of seasonal work, and, accordingly, ceases to act at the time of the delivery of completed work, the release of a replaced employee to the workplace, upon completion of the season.

Important

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

Termination of an indefinite employment contract

In case of employment, a permanent employment contract is made to the vacant workplace, the sample of which depends on the position being held. It contains information about the employer, employee, positions, job responsibilities, work time limits, test period, work time and recreation mode, salary.

Interesting

If employment was issued for a certain period, but none of the parties expressed a desire to stop cooperation by the end of the term, then the contract of hiring the worker becomes indefinite

The termination of an indefinite agreement occurs for the reasons listed in Art. 81 TK RF, i.e., under general reasons. It is necessary to follow the requirements of the legislation and produce the necessary orders and notifications to the deadlines specified by law.

Notification of termination of the employment contract

In accordance with the law, the Party who wants to stop working relationships is obliged to send the second party notification of the termination of contractual relations, the sample contains the data of the organization, employee, contract. The text of the document indicates the causes and date of dismissal.

Important

The notification is issued under the painting of the employee. If the latter refuses to sign the document, the corresponding mark is set

Order of termination of the employment contract

At the end of employment, the personnel department necessarily comprise an order for the completion of contractual relations. It indicates the reason for the termination of relations and the article of the TC RF, which is dismissal and the date of termination of labor relations occurs. An order is issued on the day of dismissal together with wages and other documents.

The former worker can apply to court if his rights were violated when dismissal. After studying the case, the court can restore the dismissed in office, as well as obligate the organization to pay him compensation. Enterprise The incorrect design of documents may threaten penalties and inspections.

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It is used in the case when the parties are terminated between them. I.e, Any part of the transaction can be the initiator of the termination of the employment agreement.. In the event that the employer expressed the desire to no longer contact with his employee, then, in essence, this is a dismissal.

Causes of termination of the employment contract

Consider the main reasons for this wishes of the chiefor leader. They are directly spelled out in law:

• termination of the organization or institution where employee worked;
• shift owners of the enterprise;
• violation of instructions and comprehension of a disciplinary nature regarding the employee, in addition, failure to comply with their direct duties without good reasons;
• rough violation of labor obligations.

But there are cases when it is a worker who wants to dissolve, and not the leader (employer). The reasons for termination from this side can be a lot. In this case, there are a number of features of the dismissal procedure.

If the employee has a desire to terminate the labor agreement

End of labor relations at the initiative of the employee possible. But the employer (supervisor or employer) must be warned in advance. It must be two weeks before the desired dismissal and only in writing. This period starts from the next day from the date of filing the appropriate application.

In the event of reasons that do not allow employee to work during the specified period, the law provides for the dismissal of an employee on time - it is written in his statement. But the worker can change their mind. Terms of termination of the employment contract provide such a variant of the development of events. But there are two weeks to doubt the employee.

Termination of the title agreement with the mutual agreement of the parties

The most painless way to part lovely. Terms of termination of the employment contract do not interfere with this. However, there are categories of workers who have additional reasons to terminate relations with them in the title sphere. This provisions can be found:

• retreat from their obligations prescribed in the agreement, even if it happened once;
• acts that entailed a negative reaction from the head or leader, for example, the loss of confidence in its employee associated with the values \u200b\u200bof commodity or monetary content;
• the commission of an immoral act, which can not be coordinated with the activities of an employee for education - is relevant for persons who are engaged in pedagogical activities;
• violation by the head of the enterprise or the organization of the provisions of the contract, which was decorated with it.

So, evaporate general conditions for termination of labor relations between the parties. We refer to them:

• termination of the employment agreement on the free will of the parties;
• expiration of the working contract;
• By the will of the employee:
• similar actions, but only by the employer;
• appointment of an employee for a selection position or transition to another employer;
• the refusal to continue to work due to processes related to;
• the employee's refusal to continue labor relations in view of the fact that the contract requirements were changed;
• the conclusion of the same-name contract with violations of the law, which makes impracticable labor activities;
• ending legal relations for reasons independent of the parties;
• the unwillingness of the employee is translated into a different place of work along with its boss (employer or employer);
• the employer cannot offer an employee of the position that he needs according to medical conclusion, or from such a position refuses the employee himself.