This article of the Labor Code of the Russian Federation provides for the procedure by which it is possible to dismiss employees (termination employment contract) at the initiative of the employer.
In some cases, this can be done immediately (without any disciplinary sanctions before this), namely:
— part 1 (clause 6 subparagraph b) – coming to work drunk;
- Part one (clause 6, subclause d) provides for the procedure for dismissal for theft. In this case, severance benefits are paid only if their amount exceeds the amount of damage that the employee must compensate;
- part 1, paragraph 7 - dismissal if the worker committed any actions that provoked the termination of his access to the facility (loss of trust and the employer can no longer allow him to work).
A link to an article with comments where this text can be downloaded for free can be found at zakonrf.info
with comments 2018 - dismissal of employees (downsizing)
Part 1, paragraphs 1 and 2 provide for the dismissal of staff (staff is reduced, that is, the number of employees or a specific position) or everyone in connection with the liquidation of the organization. The specific wording is also in the work book. The layoff procedure (termination of the employment contract) must be timely notified. The employee must know when the contract will be terminated (the day and month are clearly indicated). Time (at least three months) is given to search for a job. If the organization does not close completely, then the enterprise must offer other vacancies to employees before dismissal.
In addition, according to the Federal Law, for people on maternity leave and people with disabilities, this applies in last resort. In this case, the Law promises guarantees and compensation, and the laid-off employee must be immediately registered so that he can receive benefits. The rules for the payment of such benefits suggest that for the first three months a person will receive benefits in an amount almost equal to his salary. The Code clearly defines how such benefits are paid. A work book with a record is the basis for receiving it.
It is worth noting what you need to know and how to correctly formulate claims in resolving labor disputes. These rules do not apply if the contract clearly states the date (if the contract is valid until December, then citizen Grigorieva is not fired under this article!).
You may be interested in: Article 162 as amended in 2018
Article 81 of the Labor Code of the Russian Federation - changes 2018
The main change is the procedure for conducting certification, which confirms compliance with the position held (once a year). Non-compliance is a valid reason for the employment relationship to be terminated, but, as practice shows, this is quite difficult to prove (there are too many nuances). Reason – clause 3 part 1.
For positions provided for in paragraphs. 7.1 of Part 1, it is an obligation to undergo such certification. This type of employee assessment should be carried out for all state employees. employees. Failure to pass it will be considered a reason for dismissal within the prescribed period (on the day the results are announced).
Termination of an employment contract (dismissal) at the initiative of the employer, Article 81 of the Labor Code of the Russian Federation
Knowledge of the Labor Code is a guarantor of the protection of one’s rights (both parties must know the right).
For example, if the work is educational, then the employee must control the action outside the workplace. What are the consequences of immoral behavior? Such a violation threatens with dismissal and the employer’s initiative will be completely legal! Clause 8 of Part 1 directly provides for this.
It doesn’t matter where the gross offense was committed, within the organization’s walls or not. The only point is that the procedure has a statute of limitations! Namely, the incident (more precisely, the moment when the employer found out about it) should have occurred no earlier than a year ago at the time of dismissal. The latter may not have a direct connection with the work process.
Dismissal for absenteeism, Article 81 of the Labor Code of the Russian Federation, entry into the labor record, sample
Dismissal for absenteeism or termination of an employment contract (part 1, paragraph 6, sub. a) requires an entry in the work book. Print an order in which you must indicate:
- reason for dismissal;
- when exactly was the absence from work (date and for how many hours).
For example, loader Silkin was fired from his job, etc.
Example (sample) of an order and its execution
Article 81 of the Labor Code of the Russian Federation: dismissal for absenteeism
In case of absence for the required period of time (a full shift or four hours in a row), the employee is dismissed on the basis of this article (part 1, clause 6, clause a). This can also be done if an hour was late three times. Everything must be documented (an act must be drawn up). After this, it and the employee’s explanation must be entered into the personal file.
As shown arbitrage practice, this happens if discipline has been violated more than once (one-time absenteeism and if there was a notification to the boss, most often it is not recorded).
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Relations arising in the course of labor activity are fully regulated by law. All possible aspects of labor are regulated by the Labor Code (LC RF), which came into force in 2002. It replaced the old Labor Code. People sometimes also use the old name, but by it they mean the new code and its new articles. The dismissal of an employee is fully regulated by the Labor Code. It describes the order of this procedure from beginning to end.
This code is the main one normative act, clearly defining the rights and obligations of the parties, including when dismissing employees. All documents related to this process (employment contract, orders, etc.) must comply with it.
In labor legislation, dismissal means the process and fact of termination of relations for the performance of labor duties, the parties to which are the employee and the employer. This term also combines all aspects of the release of officials and employees from positions (state or other). It is also used to designate the right of military personnel to leave military units (ships), as well as to leave service for a certain short period.
Most often, dismissal means a severance of relations with an employee in the performance of his duties due to the fact that he cannot cope with the work, does it poorly, or is not suitable for the employer. But there can be many reasons, including job cuts, a difficult economic situation at the enterprise. Dismissal may be by mutual agreement, due to the expiration of the employment contract or violation of the law by the employee, labor discipline.
All nuances of dismissal must be stipulated in the employment contract in accordance with the law. If they are not specified, they apply standard norms law.
The main point during dismissal is to fully respect the rights of citizens and protect them from illegal dismissals. This is guaranteed by the Labor Code of the Russian Federation, which regulates all possible situations arising upon termination of employment contracts.
For the dismissal to be legal, the following 3 conditions must be simultaneously met:
- the reasons and circumstances are provided for by current laws and correspond to the actual state of affairs;
- the procedure has been followed and it corresponds to the grounds specifically provided for by law;
- the employment contract has ceased to be valid.
There is the following exhaustive list of types of dismissals according to the Labor Code:
- if the parties came to a mutual agreement (Article 78 -);
- expiration of employment contracts, excluding the actual continuation of labor relations, when the parties do not demand to terminate them (Article 79 -);
- when the employment contract is terminated and the initiator of this is the employee or the employer (Articles 71, 80, 81 - , );
- in connection with translations;
- if a citizen refuses to work, if the owner of the enterprise’s property has changed, its jurisdiction has changed, reorganization is being carried out (Article 75), and also if the terms of the employment contract have changed (Part 4 of Article 74 -);
- a citizen’s refusal to transfer in accordance with medical conditions or if the employer does not have such a place (Article 73 -);
- if the employee refuses to be transferred to another location together with the employer (Article 72.1 -);
- circumstances of force majeure (Article 83 -);
- violation of the rules for drawing up an employment contract, if this makes it impossible to continue working (Article 84 -).
Severance pay is an amount equal to the average monthly salary paid on the day of dismissal if the employment contract is terminated due to the liquidation of the enterprise, reduction of staff, or dismissal due to inconsistency. It is also provided if the employee refuses the transfer or if there is no work according to a medical report. Agreements may provide for other payments and also for increased amounts.
Documenting
To avoid violation of the rights of citizens during dismissal, as well as legal disputes in the future, it is important to formalize the dismissal clearly in accordance with the law. The procedure is enshrined in Art. 84.1 TK. The main document by which it is drawn up is an order to this effect. But before compiling it, you need to go through a certain procedure.
The Labor Code regulates the dismissal of an employee in stages, namely:
- A statement from the person resigning or a memorandum of violations, documents from the commission on non-compliance, and the like, depending on the reason.
- The above documents are the basis for the order (instruction) of dismissal. This is a documentary basis for dismissal, signed by the head of the organization.
- A mandatory step is for the employee to familiarize himself with the order against signature. If he died or refuses to sign, then the personnel officer makes a note on the document about this. The day of dismissal is considered to be the last day of work of a citizen, except for cases when he did not work, but his place was retained.
- Severance pay, if a citizen is entitled to it, is paid on the day of dismissal.
- Issuance of a work book. This document with a record of dismissal is returned to the employee on his last day of work. Then all calculations are carried out with him. The employee is also given other documents related to his work at the enterprise (certificates, transcripts of wages and insurance contributions, etc.) upon his written application.
- Records of dismissal are entered into personal card citizen (form T2), as well as timesheets and other accounting documents.
If a citizen refuses to pick up work book or is absent, the HR department employee draws up a written report about this with the signatures of 3 witnesses. To avoid the imposition of penalties on the manager for the delay in issuing this document, a registered letter is sent to the dismissed person’s address with a request to pick up the documents or consent to their mailing.
The work book must contain an entry indicating the article of dismissal, which must be justified.
An employee can resign himself by giving notice to the employer of termination of the employment contract no later than 2 weeks in advance. Such notification must be in writing. The specified period starts from next day after the employer receives the application. Dismissal is allowed without this period if there is agreement of the parties.
Nuances documentation(step-by-step instruction):
- The application is submitted to in writing to the office. It must be recorded in the Incoming Correspondence Log, where it is marked with a number and date, or a copy of it is simply marked as having been delivered. Keep copies with numbers for yourself.
- If the administration refuses to accept the application, it is sent by a valuable letter with an inventory and postal notification.
- The order is presented to the employee against receipt, and upon his request, he is given a copy of it.
- On the day of dismissal, the citizen must receive a work book with an entry indicating the article and calculation.
Grounds for dismissal of an employee under the Labor Code
The termination of labor relations must be justified, regardless of whether it is done by agreement of the parties or for violations of labor discipline.
Reasons when dismissal is allowed without the employee’s consent (Article 81 of the Labor Code):
- Reduction of staff due to a difficult economic situation leading to bankruptcy or reorganization.
- Inconsistency of the employee with the position based on the decision of the certification commission or violation of labor discipline (systematically being late, etc.), drunkenness. In these cases, acts and reports are drawn up signed by other employees, personnel officers and witnesses, and medical examination if the employee is drunk.
Documentary recording is necessary so that the employee cannot appeal his dismissal and so that their absence does not become the reason for his reinstatement through the court:
- Change of owner.
- Absenteeism (absence from work for more than 4 hours). In this case, an act or report is drawn up addressed to the boss, signed by a personnel employee and several members of the staff.
- Employees are also dismissed in the event of theft or disclosure of official or commercial secrets. And also if the company suffered losses due to the actions of the employee or he violated labor rules, thereby causing harm to the company and employees. To do this, the manager issues a directive or order.
- In addition to the above, there are many reasons, here is an approximate list: expiration of the contract, transfer, conscription into the army, a court ban on holding certain positions.
Since the Soviet employees' times It's common to scare Art. 33 of the Labor Code, that is, to record the reason for dismissal in the work book in connection with disciplinary violations. This article has been abolished since 2002, like the old code itself - instead of it Art. 81 Labor Code of the Russian Federation. But you should always remember that citizens have a chance to resign under Art. 78 of the Labor Code of the Russian Federation by agreement of the parties, even if there are any violations.
By order of the manager, the following persons cannot be dismissed:
- on any type of leave (including maternity leave);
- absent due to training or business travel;
- being treated (outpatient or inpatient).
As stated above, on the initiative of the employee, he resigns with a warning to the manager 14 days in advance. If the employment contract has a term, then 3 days before its expiration the citizen must notify the boss so that he has the opportunity to find a replacement for him. The main document in this case is a statement written voluntarily.
Upon reduction or liquidation of an enterprise
There are some nuances of dismissal during liquidation and staff reduction. If the procedure is incorrect in the second case, the employee has the right to be reinstated at work through the court and receive compensation for the entire time he did not work in the amount of the salary not received.
The law imposes an obligation on the employer to offer the employee another job upon layoff (Part 3 of Article 81 of the Labor Code). He must notify him of his dismissal at least 2 months in advance. for painting.
The reduction order must contain the deadlines for the liquidation of positions, the dates of termination of employment contracts, and the names of persons responsible for personnel activities. The opinion of the trade union must be taken into account if there is one at the enterprise. His representative is included in the redundancy committee.
According to Art. 180 Labor Code, termination of an employment contract is allowed ahead of schedule, if the employee has expressed his consent in writing and if the employer compensates him for the remaining time in the amount of the average salary.
Company managers must notify the employment service of the planned layoff at least 3 months in advance. It contains all information about the positions being eliminated.
The employer is obliged to offer the dismissed person all the vacancies available in the given locality, and if there are none, in other localities, if this is provided for in the employment contract. If the rules of labor agreements are violated through no fault of the employee, he is entitled to severance pay in the amount of average monthly earnings.
In addition to additional payments under Part 3 of Art. 180 of the Labor Code, the employer is obliged to pay severance pay to the reduced employee (Part 1, Article 178). If the dismissed person does not find work during the second month, then, based on the submitted work book and application, the employer will award him average earnings. So, in the event of a layoff, the employer guarantees the dismissed person a payment in the amount of average earnings, but no more than for 2 months. In this case, severance pay counts towards 1 month.
If, within 2 weeks after being laid off, a citizen applied to the employment service and was not employed by it, then he retains the average monthly salary for 3 months.
Due to retirement
An employer can dismiss an employee in accordance with the Labor Code if they have reached 60 or 50 years of age, respectively, for men and women, and they are paid.
But these persons can also remain working - there is no age limit for this, except for work that can only be performed up to a certain age, namely:
Dismissal of a pensioner is not the responsibility of the employer. It is prohibited by law for an employer to initiate it for this reason.
An employee has the right to choose the day on which he will resign due to retirement and write a statement about it. At the same time, he does not have to comply with the 2-week period of “working off” if the dismissal is formalized for the first time. But if a citizen goes to work again, he will be obliged to comply with this deadline.
Also, the employer cannot initiate the transfer of a pensioner to a fixed-term contract, but if the latter goes back to work after dismissal, then this is allowed.
Step-by-step instruction:
- Application from a citizen addressed to the director of the enterprise. This document is drawn up in free form, the main thing is to indicate the full details of the applicant and manager, and also clearly indicate the reason: in connection with retirement.
- Resolution of the manager on the statement of his consent and execution of the order (form T-8).
- Based on the order, the accounting department carries out all calculations.
- The personnel service makes entries in the employee’s labor card, in the dismissal and work record books, and also transmits data about the pensioner to the Pension Fund.
When dismissing pensioners, the order uses the term “termination of employment contract.” Payments consist of unpaid wages, compensation for unused rest days, as well as other incentives, if such are provided for in the employment contract. In addition, when an enterprise is liquidated or laid off, the pensioner is paid 3 months' average salary.
At your own request
An employee with an employment contract of indefinite duration may resign for at will. There may be extenuating circumstances for this, or he may do it without any reasons, without specifying them.
The employer is obliged to release the citizen within the period for which he asks for such good reasons Oh:
- when moving to another place of residence;
- if one of the spouses is transferred to another location;
- in connection with studying at a university;
- if it has become impossible for a citizen to live in a given area according to medical indications;
- caring for a minor under 14 years of age, a disabled child, a sick close relative, a disabled person of group 1;
- pension;
- if a citizen is hired through a competition to work at another enterprise;
- other important circumstances.
The application must indicate the reason and desired date of dismissal, and must also attach documentary evidence of these circumstances. An entry in the work book, if there is a good reason, is made indicating such reason. You can quit at any time without meeting deadlines if the owner violates labor laws or the contract. At the same time, the statement describes these facts.
When dismissing at his own request without specifying reasons, the employee notifies the employer 2 weeks in advance. This is not a repressive measure - a period is given for the manager to select a new employee.
An interesting point: if a citizen, after submitting an application and after 2 weeks, continues to work and has no complaints, then the employer does not have the right to fire him. Exceptions are cases when there is already new employee, which cannot be refused according to law.
If the contract is concluded for an indefinite period, then it is allowed to terminate it early at the initiative of the employee if he is sick or disabled, which prevents the performance of work, as well as in cases of violations by the owner or for the same reasons as for open-ended contracts.
Labor legislation
The dismissal of an employee in accordance with the Labor Code must fully comply with labor legislation.
This especially applies to the following points:
- if dismissal is carried out without the consent of the parties, the employee is warned 2 months in advance. upon liquidation of the enterprise or 3 months in advance. when staffing is reduced;
- If labor Relations are torn due to violations on the part of the employee, then the basis for this should be acts and reports signed by witnesses;
- if liquidation or reduction is carried out, the citizen must be offered a new job;
- the dismissal order is handed over against signature;
- In case of dismissal without special reasons, the application must be submitted 2 weeks in advance.
The entire procedure is regulated by the Labor Code (LC) adopted in 2002 with subsequent amendments as of today.
Benefit payment
Severance benefits are paid under the following conditions:
- for up to 2 months in the amount of average earnings in case of liquidation of enterprises or layoffs;
- if the manager violated working conditions;
- upon dismissal of deputies and accountant due to a change of owner;
- in the amount of earnings for 2 weeks, if the employee was offered another vacancy due to his state of health, and he refused it, and also if the manager cannot offer working conditions for medical reasons;
- refusal to transfer to another location;
- upon dismissal due to changes in working conditions, labor agreement, with complete loss of performance
Labor legislation also provides for mandatory compensation for unused vacation and for actually worked days of the month. Salary arrears must also be repaid.
According to the Labor Code of the Russian Federation, dismissal is the termination of the relationship between the employee and the employer. In this case, the first one stops performing its job responsibilities, and the second one stops paying him remuneration. When applying for a job at an enterprise, institution or entrepreneur, an employment contract is concluded between the employer and employees. This is a document that states all the conditions professional activity a citizen in a certain position: obligations and rights of the parties, validity period, work schedule, procedure for making changes, and also the details of the parties are indicated, signatures and seals are affixed (if any).
In addition to the contract, each citizen has a work book, which records all information about all places of work of the person, periods of activity, awards and disciplinary sanctions. When an employee is dismissed, the contract is terminated, and the date and reason for dismissal are written in the book, indicating the article of the Labor Code of the Russian Federation, the seal of the enterprise or organization is affixed, and the signature of the manager and the employee stating that he has read the entry in the book.
The dismissal of a citizen occurs:
- at his request;
- at the initiative of an enterprise, individual entrepreneur or institution;
- by mutual decision of the parties;
- upon expiration labor contract;
- due to other circumstances.
The procedure for dismissing an employee from his position depends on the reason for terminating the employment contract between him and the organization, institution or entrepreneur.
Dismissal by mutual agreement of the parties
The law provides for the procedure for terminating relations between an employee and an employer by mutual consent. In this case, the contract can be terminated at any time; the citizen may be on vacation, on sick leave, on maternity leave, etc. In Art. 78, dedicated to this method of dismissal, nothing is written about how this happens.
Once the parties have decided that their collaboration no longer makes sense, they enter into a termination agreement. After writing the application, a dismissal order is issued, a corresponding entry is made in the work book, the employee receives a paycheck and a book. All this can be done in one day. The fact is that if you are dismissed by mutual decision, you do not need to work for 14 days. An employee will be able to change his mind and stay only if the employer also wishes to do so.
This is not a very common method of dismissal. It is used, for example, if an organization or entrepreneur plans to lay off a person, but he realized this and decided to leave. The problem is that when applying for a new position, potential employers will have many questions. Someone might think that the organization or individual entrepreneur wanted to get rid of the employee for unknown reasons, which increases the risk of refusal when looking for a new job.
Dismissal at the initiative of one of the parties
The person himself decided that he no longer wanted to work in an enterprise, institution or individual entrepreneur. There can be many reasons: far from home, low salary, the schedule is not satisfactory, there is no opportunity to develop, the boss does not like him, he wants to change his field of activity, and others.
The employee must express his desire in writing and bring it to the personnel department or to the person who performs the functions of the personnel service (Article 80 of the Labor Code of the Russian Federation). After submitting the application, the citizen must work for two weeks. This time is given to the employer to find a new employee. The citizen has the right to withdraw his application during this period if no one is found to take his place.
On the last working day, a person signs a dismissal order, picks up his work book, receives a paycheck, submits a bypass sheet to the personnel service, after which the employment relationship is terminated.
In Art. 81 of the Labor Code of the Russian Federation states in which cases an employee can be dismissed at the request of the employer. It is impossible to leave a person without a job without good reason: it is illegal.
Reasons for dismissal at the request of the employer:
- regular failure by the employee to fulfill his or her job responsibilities(there must be orders to impose disciplinary sanctions);
- gross violation (failure to fulfill) one’s duties (once is enough);
- absenteeism (absence from work for more than 4 hours at a time);
- theft, disclosure of commercial or state secrets, damage to the organization (proof required);
- inconsistency with the position held (based on certification results);
- showing up for work in drunk, in a state of alcoholic or toxic intoxication;
- liquidation of an organization or individual entrepreneur;
- reduction of position or number of employees.
When the owner of an enterprise changes, the director and/or chief accountant may be dismissed, but other employees cannot be fired for this reason.
When terminating an employment contract at the initiative of the employer, he must have appropriate documents confirming the legality of the decision (orders, explanatory notes, reports, office notes, certification results, inspection reports, decision to liquidate the enterprise and others).
This is an agreement between the employee and the employer, concluded for a certain period specified in the document. It is usually used when registering an employee for temporary or seasonal work, for the period of maternity leave or sick leave for the main employee.
Temporary work may include, for example, plasterers, painters, and finishers for building repairs. For seasonal work - waiters in a summer cafe, administrators in a rental office alpine skiing. For example, a key employee has an accident and will be in the hospital long time. During this period, the employer can hire another person for his position for a while.
In accordance with Art. 79 of the Labor Code of the Russian Federation, the employer must notify the citizen about the expiration of the employment agreement three days before it begins. An employment contract concluded when performing seasonal or temporary work is terminated after the work is completed or the end of the season. A contract concluded for the period of absence of the main employee terminates upon his return to work.
Other circumstances for dismissal of a citizen
These are circumstances that do not depend on the will of the employee and employer, and those that contradict current legislation (Articles 83 and 84 of the Labor Code of the Russian Federation). These include:
- death of an employee or individual entrepreneur or recognition as dead by a court decision;
- conscription;
- conviction of the employee and his placement in prison;
- deprivation of a citizen of a special right necessary to perform official duties (for example, a driver’s license);
- inability to perform work duties due to medical reasons;
- inability to hold a certain position by court decision;
- accidents, epidemics, war and other natural disasters and emergencies;
- concluding an employment contract without taking into account court decisions;
- the employee does not have an education document to perform job duties;
- concluding a contract in violation of the Labor Code of the Russian Federation and other laws and regulations.
If an employee believes that he was fired unfairly, he has the right to appeal to the trade union, the commission on labor disputes, prosecutor's office, court. If the employer’s actions are found illegal, the citizen will be reinstated at his place of work in the same position.
For example, if an employee submits an application on the 16th of the current month, then in the application he must request to be fired on the 30th of the same month. This date will be the last working day. Basically, the work period is two weeks. But sometimes, by prior agreement between the boss and the employee, dismissal can take place before the two-week period expires (paragraph 2 of Article 80 of the Labor Code of the Russian Federation). In this case, if the application was originally written taking into account the work, after such decision taken boss, you should still rewrite the application and indicate the exact current reasons for your dismissal. The terminology “working out”, although quite familiar, is not entirely relevant to use in the current description. After all, a person who decides to quit is not always obliged to work a full 2 weeks.
How to resign of your own free will without working off
It should be taken into account here that the Labor Code of the Russian Federation does not establish mandatory endorsement of this document, so those resigning can send it by registered mail, register it with the secretary as incoming correspondence, or register it in the office. If, after two weeks from the date of submitting or sending the application, the employee does not go to work, then this will not be considered absenteeism, because
he complied with all the conditions TK warned about his intention to resign in writing in advance. When the employer, after two weeks, continues to insist that dismissal is impossible and does not provide documents, the employee can go to court or file a complaint about a violation of his rights with the labor inspectorate.
Sometimes situations arise in which it is necessary to withdraw a letter of resignation.
Accounting info
He may well draw up a letter of resignation before going on sick leave. You can also submit your resignation before or during your annual leave.
You can calculate the days so that when you go on leave with dismissal, the date of dismissal will be the end date of the leave. Before leaving work on vacation and further dismissal, the employer is obliged to issue a work book and make all payments for days worked.
When you can do without working off Due to several circumstances, the employee has every right to ask for dismissal on the date specified in the application without working off. We list the situations when this is possible (paragraph 3 of Article 8o of the Labor Code of the Russian Federation):
- upon retirement;
- upon admission to an educational institution
- in case of gross violation by the employer of regulations Labor Code of the Russian Federation, duly recorded by the labor inspectorate or the court (paragraph “b”, paragraph.
Online magazine for accountants
There is back side: it is quite likely that in the work book, in the “reasons” column, they can also include the article for which the contract with the subordinate was terminated. According to the norms of the Labor Code of the Russian Federation, dismissal without work is also possible for other reasons:
- if an employee moves to work in another city or country. A supporting document may be a passport with a mark on deregistration;
- if the employee’s spouse is sent to work abroad.
Here you may need a certificate of transfer from your previous place of work;
- if a subordinate moves to another area for permanent place residence.
Is it possible to dismiss an employee without working?
In this article I will tell you how to quit without two-week work according to the Code of the Labor Code of the Russian Federation. Contents of the article ○ Part 1. Labor Code and dismissal without service. ○ Part 2.
Important
Instructions: how to quit without working for 2 weeks? The Labor Code in force in Russia (LC RF) indicates that an employee, upon submitting a letter of resignation, must work for at least two weeks. However, there are ways to avoid this processing. You will learn from this article exactly what an employee should do in order to quit without working.
○ Labor Code and dismissal without service. The work itself occurs in two cases of dismissal:
- At your own request - 2 weeks (Article 80 of the Labor Code of the Russian Federation).
- For staff reduction – 2 months (Art.
Dismissal of one's own free will without work
Many controversial issues may arise: does the right to dismissal at one's own request without working out depend on the employee's form of education - full-time, evening, correspondence? Is it necessary to dismiss an employee without working time if he has just enrolled and has not yet started classes? What about pensioners who continued to work after reaching retirement age - do they have the right to be dismissed without working? Dismissal at will without working off in case of violation by the employer labor legislation The employee has the right not to notify the employer about the upcoming dismissal in cases established violation employer of labor legislation and other regulatory legal acts containing standards labor law, local regulations, terms of a collective agreement, agreement or employment contract.
How to quit without working for two weeks?
It turns out that the act of the prosecutor's office, state labor inspector, trade union labor inspector has an advantage over judicial acts. Where is the logic? Perhaps this is all I wanted to tell you about dismissal of one’s own free will without work.
As you can see, it seems like a simple rule, but how many questions arise when applying it and how few answers the current legislation gives us. Have additional questions? Please contact us for a consultation. The offer is primarily relevant for Yekaterinburg and the Sverdlovsk region. For other regions, remote consultations are possible e-mail and Skype.
How to resign of your own free will without work
Rules for dismissal The procedure for dismissal at one's own request without working out involves a number of nuances that both interacting parties should know. If the procedure is violated, the employee who left the organization has the right to go to court and demand payment of compensation. During the operation, the following nuances must be taken into account:
- a statement of desire to leave the previous place of work must be made in writing;
- the employee has the right to withdraw the application within 14 days from the date of writing;
- if the employer refuses to sign the application, the specialist has the right to cease carrying out activities after 14 days from the date of notification.
On the day of dismissal, the employer is obliged to issue the employee a work book with the entry made and pay the balance wages.
Instructions: how to quit without working for two weeks?
Performs an action, the worker must indicate:
- Full name of the chief official of the enterprise;
- Your full name;
- Full name of the HR specialist;
- Date of application;
- Date of dismissal.
References to current legislation are welcome. If a person plans to finish his activity ahead of schedule, he must indicate the reason for dismissal and the events that allow him to leave the organization before the required 14 days.
It is not necessary to personally submit an application to the chief executive officer of the enterprise. The specialist can give the paper to the HR department employee. They must mark the document as acceptance. If it is present, the employer does not have the right to refuse to consider the specialist’s application.
Dismissal without work ─ myth or reality?
The date is specified in the agreement concluded between the participants in the labor relationship;
- If the employer is against early dismissal, then he gives the employee a written refusal, inviting him to draw up a new application, taking into account the requirements of Article 80 about 2 weeks of work.
Example of refusal to dismiss Example of refusal to dismiss Download an example of a statement of refusal to dismiss an employee Download an example of a statement of refusal to dismiss an employee Dismissal of a disabled person at his own request without working out The norms of Part 3 of Article 80 of the Labor Code of the Russian Federation and other legislative documents do not provide clear language regarding disabled people and the possibility of terminating relations with them of a labor nature without working out the prescribed period. However, this clause of the labor code allows you to quit before the end of the notice period in situations in which it is not possible to continue working.
The list includes:
- employee illness;
- retirement;
- there is an urgent need to care for a disabled child;
- a resignation letter was submitted by a specialist who has already reached retirement age;
- the employee’s family decided to move to another city;
- a person must begin caring for a seriously ill relative;
- The employee entered university.
It is not necessary to personally submit an application to the chief executive officer of the enterprise. The specialist can give the paper to the HR department employee. It should be remembered that current legislation does not stipulate normative legal acts the above reasons. However, if the employer refuses the employee’s request to leave early under the specified circumstances, the person has the right to file an application with the court. Government body will make a positive decision in the case in favor of the specialist.
How to resign of your own free will without working off
During this period, the employer searches for another employee to replace the resigning employee, thereby minimizing the possible damage associated with the employee’s departure. When dismissal without work is mandatory. You do not need to work for the required period if:
- The employee finds himself in a situation that prevents the continuation of the work process and the performance of work functions;
- Violations by the company of the requirements of the Labor Code of the Russian Federation, the terms of the employment contract or internal documentation, for example, a collective agreement (late payment of wages, refusal to provide guarantees under the Labor Code of the Russian Federation - vacation, sick leave) were revealed.
At these points, the employee forms an application indicating the desired date of dismissal, on which this procedure will be carried out. The application must contain a corresponding reason for the lack of work, supported by documents.
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The employee must check the information for compliance with reality and current legislation. The entry must contain a link to Article 80 of the Labor Code of the Russian Federation. If a person notices that the inscription does not meet the established standard, he can sue.
Attention
If a person resigns voluntarily, the settlement deadline is the day following the day of dismissal. If the company does not have time to transfer the balance Money which must be accrued as wages within a specified period, this is a reason to contact the appropriate authority. During the period of delay, the employee has the right to collect a penny.
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If an employee is going to quit voluntarily, do not expect him to necessarily work the required 2 weeks. The rules of labor legislation in 2018 fully allow for the absence of work. For example, he can use his vacation to not work until he quits.
Who has the right to dismissal without working off? The employee must notify you of his voluntary dismissal at least 2 weeks before the termination of the employment contract and work off them. You can agree and shorten this period (Article 80 of the Labor Code of the Russian Federation), but there are circumstances that exempt the employee from working. An employer does not have the right to require a pensioner or full-time student to work for two weeks.
An employer does not have the right to require a pensioner or full-time student to work for two weeks.
Is it possible to dismiss an employee without working?
The text includes:
- Request for dismissal;
- The reason for this (for example, your own desire due to retirement);
- The date by which the dismissal must take place;
- A reference to a clause of a legislative document giving the employee the right to demand dismissal on the specified date (3 parts 80 of article LC RF).
The information presented is confirmed by the employee by signing and deciphering it. The document should be dated on the day it was written. Application for dismissal of one's own free will without working out - example Download an example of an application for dismissal of an employee at one's own request Download an example of an application for dismissal of one's own free will without working out Mutual consent of the parties to the Labor Code of the Russian Federation allows you to terminate the relationship before the end of the service period, if both parties agree to this.
Mutual consent must be documented.
Dismissal of one's own free will without work
This formulation can be applied to a disabled person if his disability prevents him from performing the duties prescribed by his position and interferes with the continuation of the work process. In this case, the disabled person should provide documentary evidence that, indeed, due to his disability, he cannot continue to work, and therefore he should be fired on the day specified in the application. Such a document may be a certificate received from the attending physician.
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When determining the possibility of resigning before the end of service, the nature of the work performed should be taken into account. After all, the reason for which a disability has been established may interfere with the performance of functions at one job, but not create any restrictions at another. For example, the absence of a leg will not allow you to work as a loader, but it does not prevent you from working in sedentary jobs, for example, as an accountant.
How to quit without working for two weeks?
When an employee voluntarily dismisses, the law seeks to protect the employer. It obliges a person who wishes to leave his previous place of work to notify executive acting as an employer, 2 weeks before the planned date of termination of activity. During this period, the company owner must find a replacement employee and make a payment. However, in practice, an employee cannot always remain at the enterprise for the entire period. deadline. For this reason, a person who wants to finish labor activity, the question arises: how to properly resign of your own free will without working for 2 weeks? We will try to consider it as fully as possible in this article.
How to resign of your own free will without work
If the person resigning does not fall into any of these categories and does not have valid reasons for leaving the company on the day the application is submitted, then his only option is dismissal by agreement of the parties. In this case, it is enough to simply agree with the employer, write an application and receive your documents. For those who don’t know whether it is necessary to work 2 weeks upon dismissal, or whether you can limit yourself to one day, this information It has great importance, because if there are grounds for canceling the work, then they should be used. This will allow you to go to another job on time or start other activities that were the reason for such quick care from the old place.
Instructions: how to quit without working for two weeks?
Partially other cases are deciphered in acts, some of which were adopted back in the days of the USSR, but which are still in force. For example, such cases include: If the employer does not consider these reasons to be valid, you have the right to file an application with the court or the Rostrudinspektsiya.
- Moving to another region or city;
- The employee's spouse is transferred to work in another region or abroad;
- Impossibility of living in this area, confirmed by the conclusion of a medical commission;
- Inability to continue working at the enterprise due to illness (also confirmed by medical documents);
- The need to care for a disabled child or other sick family member;
- Pregnancy.
- A resigning employee has the right not to appear at work during his service period if he is on sick leave.
Dismissal without work ─ myth or reality?
For example, the bodies exercising state supervision and control over compliance with labor legislation include the state labor inspectorate and the prosecutor's office. The procedure for inspections by the state labor inspectorate is still somewhat regulated. The inspector draws up an inspection report and from the date of its preparation the violation can be considered established.
What if the inspector made a mistake and this is later determined by a court or a higher-ranking inspector? What to do in this case? The procedure for prosecutorial inspection is regulated only by the law on the prosecutor's office. Based on the results of the prosecutor's inspection, there is no provision for drawing up any inspection report or other document that would record all the violations identified.