Step-by-step procedure for dismissal of one's own free will. Dismissal for violation of labor discipline

Form of dismissal own will This is a challenge faced by every employer from time to time. When carrying out this procedure, it is important to be guided by the requirements of the law, since only its correct execution will protect the employer from conflict situations with the employee and possible claims from regulatory authorities.

How to fire an employee on your own. Procedure steps

The rules for the dismissal are established by Art. 80 of the Labor Code of the Russian Federation. The procedure is quite common, so its implementation, as a rule, does not cause difficulties for the employer.

In the process of dismissal at the request of the employee, the following stages can be distinguished:

1. Drafting an application.
2. Establishing a period of working off after a notice of dismissal.
3. Issuance of the corresponding order.
4. Making an entry in the employee's personal card.
5. Completion of income statement for the last 2 years.
6. Issuance of a document with information about the information sent by the employer to the Pension Fund of the Russian Federation.
7. Issuance of additional documents at the request of the employee.
8. Accounting with an employee.
9. Making an entry in the work book and issuing a document to an employee.

How to file a voluntary resignation letter

The employee must inform about his intention to leave work in advance, for which he must draw up an application in writing and submit it 2 weeks before the planned date of dismissal. The application form is not prescribed by law. When compiling it, it is enough to be guided by the customs personnel office work and specify:

• name of company;
• personal data of the employee;
• a request for dismissal (indicating the desired date);
• date of the document.

The application (can be printed on a printer or written by hand) must be certified by the signature of the employee. You can submit it both in person and using the services of mail or courier. The main thing is to get at the same time a mark on the acceptance of the application by the company's management, which allows you to accurately determine the beginning of the two-week period.

It is not necessary to provide a reason for leaving. The only exceptions are cases when there is a need to quit without working for 2 weeks established by law. However, in this case, the employee should justify his request.

IMPORTANT! Lack of dates, signatures, vague wording of the application are good reasons for refusing to accept this document.

Working time upon dismissal of an employee at his own request

By general rule the worker continues labor activity at the enterprise within 2 weeks after the application for dismissal was submitted. However, the law also provides for exceptions in certain situations.

So, it is permissible to terminate the employment contract ahead of schedule for the following reasons:

• due to non-compliance by the employer with the requirements of collective agreements, employment contract and other local norms;
• violations of legal norms by the company;
• the inability to continue working (for example, as a result of the employee entering an educational institution, moving, retiring and other documented situations).

In the event of a change in plans, a person can withdraw his application during the working period. In such a situation, the dismissal is canceled, that is, the employee continues to work in the company. This possibility is excluded only by a written invitation to the position of an employee who is prohibited by law from refusing employment. So, part 4 of Art. 64 of the Labor Code of the Russian Federation prohibits refusing people invited in writing to work from another organization if employment is carried out in the order of transfer from another company.

The procedure for issuing a dismissal order at the initiative of the employee

After 2 weeks allotted by the legislator, the head of the company must issue an order to dismiss the employee. Its form was approved by the Decree of the State Statistics Committee of the Russian Federation “On approval of unified forms ...” dated 01/05/2004 No. 1. The employer can use these forms or develop an order template on his own.

If it is necessary to terminate the employment relationship with one employee, you can use form No. T-8 and indicate the following information in the order:

• Company name;
• date of dismissal;
• personnel number and personal data of the employee;
• the name of the structural unit of the organization;
• the name of the position of the dismissed person;
• grounds for termination labor relations;
• date of drawing up and signing of the order.

If there is a trade union, it is necessary to put a mark on the consideration of its reasoned opinion of the trade union. The completed form is certified by the signatures of the employer and employee, as well as the seal of the organization (if any).

In case of dismissal of several employees at the same time, it is worth using unified form No. T-8a. The document is drawn up in the form of a table, in the corresponding columns of which are indicated:

• surnames and initials of employees;
• numbers of employees in the report card;
• the name of the structural unit of the company;
• data of employment contracts (numbers, dates of signing);
• date of termination of labor relations between the parties;
• grounds for dismissal;
• names, numbers and dates of documents on the basis of which employees were dismissed;
• marks on familiarization of employees with the document.

Before how to fire an employee on your own, it is necessary to familiarize him with the order of the head and certify the fact of familiarization with his signature. This is done on the day of dismissal. In this case, the employee has the right to demand a certified copy of the document.

Preparation of additional documents upon dismissal of one's own free will

For correct calculation social payments and benefits due to the employee after dismissal, in addition to the dismissal order and the work book, additional documents may be issued. For example, you may need a statement of the amount wages, received 2 years before the dismissal from work, in the case of registration of unemployment benefits. However, the employee may require this certificate even after dismissal.

Also, paragraph 4 of Art. 11 of the Law “On Individual (Personalized) Accounting in the System of Compulsory Pension Insurance” dated April 1, 1996 No. 27-FZ obliges the employer to issue to the employee on the day of dismissal a certificate of information sent to the pension fund during the period of the employee’s employment. Such a certificate may be required by a dismissed person when applying for a pension.

It contains the following data:

• information about the employee's income during the period of work in the company;
• amounts of insurance premiums;
• amounts of pension contributions;
• periods of work that are included in the length of service;
• any other information necessary for the correct assignment of the pension.

In addition to the above, the employee has the right to demand in writing from the employer other documents related to labor activity. So, the employee may need copies of orders for transfer to another job, an order for hiring or dismissal, information on income during the period of employment at the enterprise, extracts from the work book, etc. The employer is obliged to provide him with all the requested documents, certifying them properly .

Settlement with a dismissed employee

An important stage of the dismissal procedure is the calculation and payment of monetary compensation due to the employee. It is made on the day of dismissal, and in the absence of an employee at the workplace - a maximum of the next day after the statement of the requirement for calculation (Article 140 of the Labor Code of the Russian Federation).

The calculation includes the employee's earnings for the period worked. If the dismissed person did not have time to use the vacation, he can count on monetary compensation. Other payments to the employee are included in the calculation: bonuses, compensation for work in difficult conditions, etc.

The procedure for making a record of dismissal in the work book

The law requires making an entry in the employee's work book, based on the wording of the Labor Code of the Russian Federation or other federal laws. In this case, it is necessary to refer to the relevant article of the law, its part or clause (for example, in case of dismissal of one's own free will - clause 3, part 1, article 77 of the Labor Code of the Russian Federation).

Also in the workbook are indicated:

• sequence number of the record;
• date of dismissal;
• the name of the document that became the basis for the dismissal of the employee.

The authenticity of the entry in the document is confirmed by the signatures of the management and the dismissed person, certified by the seal of the organization.

Special cases of dismissal at the initiative of the employee

Form of dismissal of an employee in some cases has its own specifics. For example, mandatory period warnings about the desire to leave work are reduced for employees on probation. For such persons, it is 3 days (part 4 of article 71 of the Labor Code of the Russian Federation). In the event of leaving the position of the head of the company, art. 280 of the Labor Code of the Russian Federation requires the owner to be warned about this a month before the expected date.

Persons who have held positions liability, before dismissal, transfer all valuables and funds to other responsible persons of the company. This is fixed in a special act of the organization. The employer, in turn, can conduct an inventory at the enterprise within 2 weeks of working out the responsible employee.

Consequences of mistakes made during the dismissal procedure

An incorrectly performed procedure and inaccurate wording in the documents may be the reason for reinstatement, recovery from the company Money for the time of forced absenteeism, compensation for non-pecuniary damage, etc. For example, paragraph 22 of the resolution of the Plenum of the Armed Forces of the Russian Federation “On the application by the courts ...” dated March 17, 2004 No. 2 allows the dismissed employee to prove the fact of coercion to write a statement. In this case, he will be reinstated at work.

Another example is non-payment of bonuses. This fact can be regarded by the court as discrimination against the employee. For example, in the ruling of the Moscow City Court dated March 25, 2014 No. 4g-2201/14, the court recognized as lawful the collection of bonuses from the employer in favor of the plaintiffs, which was not paid to them upon dismissal of their own free will.

In this way, competent design procedure allows you to protect the employer in the event of claims from the former employee. Also, the order in the personnel documentation of the company will help to safely pass possible inspections by regulatory authorities.

Many working citizens of our country, if they want to change jobs, go through a procedure such as dismissal.

The least controversial option in this case for both parties - the employee's own desire, therefore it is he who occurs most often.

Regulation under the Labor Code of the Russian Federation

The procedure for leaving an employee from his position, as well as other relations between an employee and an employer, are regulated by the Labor Code. In particular, dismissal at the request of the worker is regulated by Article 80 of the Labor Code.

The employee can terminate both the prisoner and the prisoner for an indefinite period - this will not affect the procedure in any way.

The entire responsibility in case of violations lies with the head of the personnel department - it is he who is obliged to control this process.

It is important to know that even if an employee wrote a statement on own initiative, but at the same time there are circumstances specified in article 81 of the Labor Code of the Russian Federation, then the employer has the right to dismiss him on these grounds and make an appropriate entry in the work book.

Detailed information about this procedure is given in the following video:

What should the employee do?

After the decision to dismiss the employee is made, the latter must draw up. It can be in either handwritten or printed form. The document specifies the following points:

• Name and position of the applicant.
• Full name of the head and name of the organization.
• The text itself, as a rule, is written in an arbitrary form, but the essence does not change - it sets out a request to dismiss from a position of one's own free will, and indicates the date that should be considered the last working day.
• At the end of the application, you must indicate the date when it is submitted, and a signature with a transcript.

It is important to know that according to the current legislation, the employee is obliged to warn the employer about the desire to quit at least 14 days before(by agreement of the parties, this period can be reduced).

Can an application be withdrawn?

Before the expiration of the working period, the employee can withdraw the application written by him at any time. To do this, you must inform your employer of your intentions in writing. The review is also issued in the form of a statement - it is necessary to express a request for the recall of a previously written document, date and sign it. The reason why the employee's decision was changed does not need to be stated.

If there is a possibility that the recall may be lost, you must proceed as follows:

1. Make two copies of it or make a copy of an existing one.
2. Give one copy to the secretary or specialist of the personnel department for transferring it to the direct management, asking to put the date and signature on the copy remaining with the employee. Some organizations have incoming stamps for incoming correspondence - it will also work, but the date and signature will be required in any case.

Dismissal in this case is not carried out, provided that another employee is not officially invited to this position. If there is such an invitation, then the refusal of the employer will be completely legitimate. Refusal can be expressed both in writing and orally.

Can an employer refuse?

Sometimes a situation may arise that the employer refuses to accept the employee's application. The reasons can be very different, but the main ones are ignorance or neglect of the current legislation. Refuse to accept an employee's application the employer is not entitled.

In cases where such a situation nevertheless occurs and the authorities refuse, it is recommended to send a letter of resignation by mail and count 2 weeks from the date of delivery. After the expiration of 14 days, you can stop working in this organization.

If, after the due date from the moment the management received the paper, the employee did not receive a work book and calculation, then he has the right, which is authorized to resolve these and other issues related to labor relations.

The procedure for filing a dismissal

Termination labor relations issued . Usually this document is called the "order of dismissal from office."

The employee must be familiarized with this document under the signature. If necessary, he may require a copy to be issued to him (it must be duly certified). If the employee for some reason cannot (or does not want to) put his signature on the order, then the employer fixes this.

On this day, the employer is obliged to issue to the person leaving not only (containing the record necessary in these cases), but also to make with him, namely:

• accrued salary.

In the event that the leader does not produce all necessary calculations with the employee within the period established by law, the latter has the right to apply to the labor inspectorate with a statement about the fact of violation of his rights, and the responsible persons will be punished in accordance with the sanctions of the articles under which they will be involved.

Employer's responsibility

In case of non-compliance by the employer with his obligations related to the payment of wages (including calculation), both administrative and criminal liability are envisaged - these provisions are regulated by Parts 1 and 4 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, as well as Art. 145.1 of the Criminal Code of the Russian Federation (depending on the circumstances).

To bring the employer to administrative responsibility, the employee must apply to labor inspection, to the criminal one - to the police department (you can also duplicate the application to the prosecutor's office of the area on whose territory the employer is located).

Documents to be drawn up

In the event of dismissal, the employee is required to issue a documentation package consisting of:

• Employment book with an entry made in it. The employee signs about its receipt in a special journal, as well as in. Personal cards of employees, like work books, are usually stored in the personnel department and filled out by authorized specialists.
• Salary statements for the last three years.
• for the current year.
• Information about the amount of payments and other remuneration and the insured person.

In addition, at the written request of the employee, he will need to issue other documents related to his professional activities.

Entry in the work book

At most enterprises, all the necessary entries in the labor record are made by a specialist in the personnel department or the head of the organization (if the company is small and the staff does not provide for this department).

When an employee is dismissed on his initiative, it is entered in the book that he was dismissed of his own free will in the manner article 77 of the Labor Code of the Russian Federation. In addition, the seal of the organization, the date, as well as the position, signature and full name of the person who made the entry must be included.

Thus, the filling algorithm is as follows:

1. The sequence number under which the entry is made.
2. The date the employee left (DD/MM/YYYY).
3. Reason for dismissal with reference to the article.
4. The number of the order and the date it was issued.

The entry is made directly in the labor or in the insert of the established sample.

When can you not work?

Working off is the period starting from the moment the employer receives the employee's application and until he completes his labor activity in this company. Usually it lasts 14 days, but there are a number of exceptions.

An employee is released from work under the following circumstances:

• If he is enrolled and begins to study at an educational institution.
• The layoff is related.
• Established violation of labor laws by the employer.
• The employee moves to another area (this fact must be confirmed by an appropriate certificate, for example, a mark on deregistration).
• The spouse (wife) of the employee is sent to a new duty station abroad.
• Illness, due to which the employee cannot continue his labor activity (in this case, a medical certificate is required).
• The presence of a medical certificate stating that the employee cannot live in the area.
• If an employee needs to take care of a disabled child or a child who is under 14 years of age.
• Due to the need to care for a disabled person of group 1 or a sick family member (also confirmed if there is a conclusion from a medical institution).
• If the person has a disability.
• If an employee has three or more dependent children under 16 or students under 18.

All of the above circumstances must be documented.

Other nuances

During sick leave

An employee, while on sick leave, can also file a letter of resignation by notifying the employer 14 days in advance. If they have already written and handed over to the employer this document, there is no need to draw up a new one.

Period of stay sick leave included in the working time- thus the date of dismissal is not shifted. The employer, in turn, does not have the right, on his own initiative, to force the employee to work out this period after recovery.

During the trial period

If the person who wants to quit is located - then turnaround time is 3 days.

The employee must also notify the employer of his intention in writing. in 3 days. In this case, the manager has no right to insist on an increase in the term.

Responsible person

If the person who is leaving the company is, there are a number of features:

• The tenant has the right to require an inventory. It cannot be deliberately delayed - it should not exceed the period of working off, which is calculated according to general rules.
• In addition to the inventory, the employee is obliged to transfer all the values ​​\u200b\u200bthat he has due to official needs to another financially responsible employee. For these purposes, an act is drawn up, in which everyone who was present at the transfer procedure signs. The document must also be signed by the head of the organization.

In addition to the above points, the procedure for dismissing a financially responsible person is no different.

pensioner

First of all, you should know that retirement age cannot be a reason for dismissal at the initiative of the employer. If the employee decided to leave of his own free will, then the procedure is somewhat different:

• A pensioner can leave without working off if his dismissal occurs for health reasons.
• A pensioner works out the prescribed 14 days if he already has a note “in connection with retirement” in his work.

chief accountant

The chief accountant upon dismissal is obliged to transfer all cases in accordance with the act. Also, this procedure is accompanied by a mandatory check of the status of all documents and submitted reports.

The terms of working out remain unchanged - they are also 14 days.

CEO of LLC

The decision to appoint or dismiss a director is made by the general meeting of founders. If the director wants to leave, he must first notify (at least for 1 month) general meeting legal entity in writing, to which the application itself must be attached.

These documents are sent by registered mail with notification and description. After that, a meeting is organized, and the dismissal procedure itself is carried out with the issuance of a work book.

What to do if you are forced to quit of your own free will

Often, the employer tries to force the employee to write a letter of resignation on their own initiative. There can be many reasons - ranging from the inability to pay sums of money during the reduction, ending with personal hostility.

Whatever the reason these actions are illegal towards the employee. The employer only on the grounds specified in Article 81 of the Labor Code of the Russian Federation (it contains complete list circumstances under which an employer may lay off a worker without his consent).

Thus, if the manager asks the employee to leave of his own free will, it is likely that he has no legal grounds.

If an employee is under pressure and regularly receives urgent requests to resign, but he does not want to do this, he has the right to apply to the labor inspectorate with a statement about the fact of illegal actions on the part of the management. If possible, additional evidence should be attached - an audio recording of a conversation with a manager, explanations from company employees who are familiar with the situation.

If the employer, despite the lack of grounds, made a dismissal, the employee has the right to go to court to restore his rights.

Each hired person is free to determine the preferred professional direction, the form of his employment, as well as the desired workload. His right to work freely and not be afraid of the arbitrariness of the leaders is guaranteed by labor legislation. It also contains the basic principle of interaction between an employee and his employer: there must be good reasons for dismissal at the request of the employer, and dismissal at the initiative of the employee is possible simply at his request.

What are the grounds for dismissal at the initiative of an employee under the Labor Code of the Russian Federation?

Art. 80 of the Labor Code of the Russian Federation. According to her, no employer can refuse to dismiss an employee who was notified in writing of at least two weeks in advance. At the same time, a person has the right not to specify the reason for his departure and not to agree to more a long period working off. Only those who decide to reduce or completely avoid the warning period for the upcoming calculation should dedicate the employer to the details of the prevailing life circumstances.

Special norms of the Labor Code governing the procedure for dismissal at the initiative of an employee relate to the following particulars:

• extended working time for managers, Art. 280 of the Labor Code of the Russian Federation;
• postponement of dismissal until the end of the vacation, Art. 127 of the Labor Code of the Russian Federation;
• opportunities to change your mind, Art. 64 of the Labor Code of the Russian Federation.

Conventionally, the employee’s desire can also be called the option of terminating the employment contract by agreement with the employer, Art. 78 of the Labor Code of the Russian Federation.

Reasons for voluntary resignation

The law does not prohibit the manager from asking the employee the reasons that prompted him to write a statement of his own free will. But at the same time, if the person himself does not agree to disclose them, insist or put forward additional terms employer cannot. Each working specialist must understand that, on his personal initiative, an employment contract of any kind can be terminated: fixed-term, indefinite, seasonal or for the period of replacing an absent employee. Moreover, you can write a letter of resignation at the initiative of the employee even the next day after signing the employment contract.

An employee who has given a two-week notice of dismissal is not required to explain the reason and give additional explanations about his resignation.

On sick leave

The general procedure for dismissal at the initiative of the employee involves advance notification of management of his intentions. But in the 14 days allotted for this, many events can occur that can affect the dates and dates, and sometimes the very desire to leave. In particular, often during the working period, the employee who wrote the application goes on sick leave. If the period of incapacity for work ended rather quickly, then the personnel department does not have problems with dismissal and transfer of documents. More difficulty is due to the fact that the employee does not recover by the date of the scheduled calculation.

The firm conviction that dismissal during vacation or sick leave is prohibited makes you think about the correctness of your own actions. In fact, it is impossible to terminate an employment relationship with an unhealthy employee only on the basis of the employer's desire, Art. 81 of the Labor Code of the Russian Federation. If the desire to pay off arose from the employee himself, then formalize the dismissal of the employee on the basis of Art. 80 of the Labor Code of the Russian Federation is necessary at the scheduled or specified time. At the same time, the employer remains obliged to pay him the time of illness, pay the required settlements and transfer labor the next day after recovery.

For health

If an employee’s disability becomes systematic and prevents him from working fully, then he himself can refuse to continue working so as not to wear out his already shaky health. It must be understood that we are not talking about the establishment of disability or non-admission to work for medical reasons, because then the termination of the contract will occur for reasons beyond the control of the parties, Art. 83 of the Labor Code of the Russian Federation.

For those who do not feel the strength to continue their labor activity in their position, there is a legal basis not only to pay at the initiative of the employee, but also to dismiss the employee on the same day. The same article allows you to quickly leave. 80 of the Labor Code of the Russian Federation, which states that good reason Refusal to work off is considered the inability to perform their labor functions.

The right to assess the seriousness and validity of the grounds listed by the employee is reserved to the employer.

For early reduction

When a native enterprise begins to experience economic or organizational difficulties, it often sacrifices part of the team and announces a reduction in numbers or staff. It's hard to assume that most of of them really wanted to look for new job, but even in this case, it is possible to convey your own will to the leadership.

Can you change your mind about quitting?

It so happens that a person makes a decision to leave in a fever, but, in fact, he did not plan to change his life so drastically. Labor Code allows the employee to change his mind and withdraw the application without consequences if he managed to change his intentions before the date of dismissal.

Deprived of this opportunity are those who chose the calculation after using the vacation and have already managed to go on vacation, Art. 127 of the Labor Code of the Russian Federation. The same group also includes those whose place has already been taken new employee, and he entered on the terms of a transfer from another company, art. 64 of the Labor Code of the Russian Federation.

Everything happens in the working biography of every person, and a job change is not such an exceptional event. In order for the separation from the former employer not to turn into unpleasant memories, the employee must, firstly, clearly understand what he is entitled to, and secondly, remember about the obligations remaining behind him.

Lawyer of the Board of Legal Protection. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other normative documents to regulatory authorities.

The relationship between the employer and the employee is formed on a voluntary basis with the conclusion of the relevant labor agreement. But even if the parties initially agreed on all the conditions, this does not mean that in the future there will be no disagreements between them. In the event that the dispute cannot be resolved, as well as due to sudden life circumstances, the question of terminating the contract may arise. At the same time, according to the legislation, the employee must go through the standard dismissal procedure under the Labor Code of the Russian Federation. This article will consider what it is, what types of it are and how to organize this process.

What is a dismissal?

The dismissal of an employee under the Labor Code of the Russian Federation means the termination of labor relations with him. This concept applies to any organization, be it public or private.

As a result of the dismissal, after the proper execution of the procedure for terminating the contract, the employee receives a work book in his hands. He also provides an account.

Normative base

All aspects of dismissal are regulated by the Labor Code. In ch. 13 prescribes the conditions and procedure for terminating an employment agreement. Ch. 27 provides for compensation to a departing employee in the event of the liquidation of the company or the reduction of its staff.

Types of dismissal

If we classify all the reasons for layoffs of the Labor Code of the Russian Federation according to the criterion of why they take place, we can distinguish four main types of them:

• at the initiative of the employee;
• at the initiative of the employer;
• by mutual agreement;
• for reasons beyond the control of the parties (for example, at the end of the contract).

Reasons for leaving an employee

The simplest type of dismissal from the point of view of its registration is by mutual agreement (Article 78 of the Labor Code), when the parties agreed in advance on all the conditions (the main thing is that they do not contradict the law). Other types involve a more complex procedure and the preparation of various documents. Them possible reasons listed in the table below.

Grounds for dismissal of an employee

General grounds for dismissal are given in Article 77 of the Labor Code of the Russian Federation. In addition to them, there are also additional grounds provided for in articles , , , TC, as well as federal laws. The most common general and additional grounds in practice are listed above.

In order for a dismissal under the Labor Code of the Russian Federation to be recognized as legitimate, three conditions must be met simultaneously:

• termination of cooperation between the employer and the employee is carried out on one of the grounds provided for by law;
• respected established order dismissal, corresponding to the prescribed grounds;
• the employment contract is terminated.

Step-by-step instructions for the dismissal procedure

Labor legislation establishes a strict procedure for the dismissal of staff. The reason for this is to protect the interests of the employee, because the employer, in fact, has more leverage on labor resources. In this regard, the employer must clearly follow the established procedure for terminating the contract with the employee so that the dismissal can be recognized as legal.

In case of violation of the rules required by law, illegal actions can be challenged by applying to the State Labor Inspectorate or to the court, as a result of which the employee can return to his previous position.

The general conditions and procedure for dismissal under the Labor Code of the Russian Federation are as follows:

Required documents upon dismissal

The fundamental documents when registering a dismissal under the Labor Code of the Russian Federation are an order and a note-calculation (T-61). Must be completed employment history. The entry in it is indicated based on the grounds for termination of the agreement. If necessary, the employer sends a notice that the employee picks up the labor in the personnel department.

If the documents are incorrectly drawn up or information is indicated in them that does not correspond to reality, there is always the opportunity to protest the dismissal. At the same time, the actions of the employer may be declared illegal if they contradict the law or there are no sufficient grounds for terminating the employment agreement.

Terms of dismissal

If the employee quits on his own initiative, then according to the Labor Code (Article 80), he can terminate the employment relationship with the employer at any time. In this case, it is necessary to comply with the main condition: a warning from the head of his intention in writing must be provided 14 days before the planned termination of the agreement. In fact, the resigning person must work out the same period.

However, this period is not always required by law. You will not have to work out 2 weeks in the following cases:

• upon reaching an agreement between the parties on other terms for terminating the contract;
• the employee leaves for a reason due to which the further performance of duties is not possible (for example, the start of training or retirement);
• Termination of labor relations with an employee is associated with a significant violation of labor legislation or the provisions of a collective agreement.

Even if the employee has submitted a letter of resignation before the date specified in it, he can at any time withdraw from his original decision. Such a possibility is excluded only when another applicant has already been invited to his position in writing. Otherwise, if both parties have not come to a mutual agreement on the termination of the employment contract, then even if there is a statement, it is considered that it continues to operate.

After the end of the working period, the employee may no longer appear at work, even if the organization has not approved his dismissal.

Possible nuances

The process of termination of employment relations under the Labor Code may have certain nuances based on one or another reason that served as the termination of the agreement.

So, when an employee is dismissed under the Labor Code of the Russian Federation due to a violation of discipline by him, the employer must ask him for an explanatory note. In the case of voluntary resignation, the presence of an application submitted in advance by the employee is mandatory. If the management intends to terminate the employment relationship with a part of the persons working in the organization due to staff reduction, then it is obliged to notify the relevant people of this at least 2 months in advance.

According to the law, it is forbidden to dismiss employees when they are on sick leave or on vacation. Also, termination of an employment agreement with a pregnant woman is not allowed (except in the case of liquidation of the enterprise).

If the reason for the termination of labor relations was the liquidation of the company or the reduction of its staff, then the dismissed person has the right to count on severance pay which is guaranteed by Art. 178 TK . The amount of the allowance is equal to the average monthly earnings. A collective or labor agreement may provide for other amounts of payments that exceed the minimum established by law. The benefit is issued on the day of dismissal, the date of which is indicated in the application (it remains the same even if the employee is on sick leave).

There are two types of severance pay:

1. paid upon liquidation of the organization (the amount of payments is established by article 81 of the Labor Code);
2. provided upon dismissal due to non-compliance with the position. In the latter case, it is paid upon termination of the employment agreement due to the employee's refusal to move to another position proposed by the employer or because of a medical certificate received that does not allow him to continue his previous work, in the absence of another workplace in the organization.

Special mention should be made of the peculiarities of dismissal during the period probationary period. The Labor Code (Article 71) allows the employer to terminate the employment agreement on its own initiative before the end of the period established by the contract if, in the opinion of the management, the employee shows unsatisfactory results. At the same time, the employer is obliged to notify in writing (no later than 3 days) the employee under the Labor Code of the Russian Federation, which must indicate the reasons why the latter did not pass the test. This decision can be challenged by the employee in court.

If the trial period is not completed, the contract is terminated without involving the opinion of the relevant trade union. In such a situation, the dismissed person cannot count on severance pay.

If, after the expiration of the probationary period, the employee continues to perform his functions, then it is considered that he has passed the trial period, in connection with which the termination of the employment agreement becomes possible only on the basis of general grounds.

An employee undergoing a trial period may terminate the contract on their own initiative if, during the trial period, they consider that the job is not suitable. In this case, he warns the employer in writing 3 days in advance.

If the employee believes that he was removed from his position unlawfully, according to the Labor Code of the Russian Federation, he can challenge the decision of the employer. To do this, you should file a complaint with one of the following structures:

• to the labor inspectorate, which, according to the rules, must consider the application within a month from the date of its submission;
• to the court, which is also required by law to consider the appeal within 30 days, but in fact it turns out to be more;
• to the prosecutor's office.