Dismissal - Routine work for experienced personnel. Some employees go on their own, others - by the "request" of the employer. In any case, for each basis there is its own procedure. It is aimed at strictly compliance, on the one hand, to protect the rights of hired personnel, on the other - on the protection of organizations from unreasonable claims of former employees. Consider how to dismiss the employee in compliance with all the necessary formalities.

Options for dismissal

Labor legislation provides 3 options for dismissal:

• at the request of the employee;
• at the initiative of the employer;
• by agreement of the parties.

Employee's own desire is the most common foundation for termination of the relationship with the employer:

1. The employee writes a statement about the departure with the date.
2. The employer must satisfy this statement.

Difficulties with the execution of dismissal on the initiative of the employee, as a rule, does not happen. Exception - issues related to mandatory "work". Standard is 2 weeks that the employee continues to work since the application.

Separate categories of personnel have the right to a shorter period allotted for dismissal prevention. It should always be borne in mind because the "unexpected" care of such an employee is not an excuse for an organization who did not have time to calculate the dismissal and to give him an employment record in time.

The employer's initiative suggests a more complex process of dismissal. If this state reduction or liquidation of the company - the procedure is clearly described in legislation and in terms of documentary support does not represent problems. Here, the main task is the advance notification of all interested parties in the manner and within the deadlines established by the TC RF.

When it comes to the dismissal of an employee unilaterally by the organization, here "freedom" of the employer is clearly limited: one desire is not enough for this. There is a list of grounds, for which you can dismiss the employee, and the special procedure for fixing disorders for each of them. There are no documented employee misconduct - there is no reason for dismissal.

The "compromise" option to terminate labor relations is the agreement of the parties. In this case, the employer and employee lovely agree on parting under certain conditions. Most often it looks like this: the organization is interested in dismissing the employee without the risk, which he will change their mind and responds to the statement "on his own". The employee is "traded" to get monetary compensation for his care.

Dismissal

The hired employee has the right to break labor relations at any time. For this, he needs:

• fill out an application for dismissal at your own request 2 weeks before care;
• work out laid days;
• complete the transfer of affairs to another employee, if such an order is provided for in the organization.

It does not matter which contract was concluded when admitting work - urgent or permanent. In any case, the desire of the employee is determining, and the employer does not have legitimate reasons to interfere.

The statement is written in the name of the head with the wording: "I ask me to dismiss me at your own desire" XX "month in words XXXX year," current date and signature.

If the employee goes without working, he needs to make a change in the cause of dismissal:

• retirement;
• crediting for study;
• moving to another locality;
• translation of the spouse to another service place / abroad;
• violation of the legislation, the conditions of employment contract by the employer.

In such cases, dismissal occurs at the date specified by the applicant. If required, a confirmation document must be attached to the application (certificate from the institute, ordering order, etc.). To go "one day" an employee can and without a good reason if the employer go to the meeting and will allow not to work out.

Without compliance with a two-week term, you can dismiss the employee on vacation if he filed an application before it started or already during rest, but no later than 14 days before going to work. Then the first postbaking day will be considered the date of termination of the employment contract.

Employees on the probationary period, executed on an urgent labor contract for up to 2 months and seasonal workers work out not standard 14, and only 3 days.

From the employer, the procedure for dismissal of dismissal looks like this:

• admission of a statement enforced by the head of the company;
• creating an order;
• making an entry into the labor book;
• full settlement with a wage employee;
• preparation of documents necessary for further employment (Queen 2-NDFL, certificate of earnings for 2 years and others, at the request of the employee).

Whatever the cause of care, the same basis will be marked in personnel documents, as an article will dismiss the employee, - Art. 77 TK RF. On the day of dismissal, the employee meets the order and receives an employment record. Up to this point, a person can change and pick up a statement if the replacement was not yet invited to its place that "impossible to turn back".

Dismissal through the agreement

The Agreement of the Parties implies a quick and simple dismissal procedure:

1. If the initiative comes from the employee, he applies to the head of the departure.
2. If the employer "asks" an employee to leave the company, he sends him a written proposal.
3. The parties are discussing the terms of termination of the employment contract.
4. The organization and dismissed sign a bilateral agreement.
5. The personnel department draws up the order, fills the labor book. The basis of the dismissal - paragraph 1 of Article 77 of the Labor Code of the Russian Federation.

Agreement is an optimal option for both parties in terms of opportunities and compliance with legal rights. The employer may, having agreed with the employee, dismiss it on any day, even if it is on vacation or sick. "To change the mind" and cancel the signed document unilaterally dismissed. An employee is also not offended - in the process of negotiations, he has the right to defend his material interests and demand compensation.

Dismissal on the initiative of the organization

The initiative to stop labor relations may proceed from the employer for purely economic reasons - the need to reduce the number of employees or fully close the organization. In the second case, the "consumption" goes all the staff, in the first - reduced divisions, positions, except for those categories of workers who cannot be reduced by law.

If you need to get rid of a particular person, as they say, "under the article", the employer is obliged to prove that the employee does not correspond to his position or he had a misdemeanor in labor discipline. Most often, dismissal for driving, the appearance at work in a drunken form, systematic disorders with a disciplinary punishment.

In order to avoid infringement of the rights of staff, the legislators did everything so that a person could not be dismissed without good reason. "To bring under the article" The employee to whom the supervision of personal hostility is quite difficult, although it is impossible to completely eliminate abuse from employers.

Staff reduction and liquidation of the company

The reduction has a clearly regulated process of dismissal of the personnel:

1. The decision taken at the enterprise is fixed by the order. For personnel service, this is the basis to start a notification procedure. Information that is important in this case for employees - the date of reduction and changes in a staffing schedule.
2. 2 months before the date of abbreviation, all employees are notified in writing under the signature.
3. The employer is obliged to offer an employee to another position if such an opportunity is available. For people, consonant with the proposed vacancies, the translation is issued. The rest are preparing for dismissal.
4. The notified employee is entitled to leave early, without waiting for the date of the reduction. If a person who learned about the upcoming dismissal, found a new job, the employer should release him freely. Compensation for the early days left before cutting days does not deprive the employee.
5. 2 months before reduction, management should notify the trade union body if it is. With a mass release of employees - for 3 months, as well as submit lists in the employment service.
6. Each employee is preparing an order for dismissal (T-8 form) with reference to the basis of the basis. The order is transferred to the signature to be fired.
7. An entry into the labor book indicating the reason for the dismissal - paragraph 2 of Part 1 of Art. 81 TC.
8. Full calculation includes: wages, monetary compensation for the accumulated holiday days, the output allowance in the amount of average salary.

Dismissal to reduce the state does not concern some categories of workers:

• pregnant women and "Decaders";
• single mothers with children up to 14 years old, with a disabled child under 18;
• members of the trade union and workers speaking in negotiations with the employer on behalf of the team.

When it reduces one of several equivalent posts, the choice of workers who will go and which will remain, falls on the employer. However, here the bosses are devoid of complete freedom. All other things being equal, preference should be given to the most qualified specialists. If it is difficult to determine who from the employees "best" is difficult, legislation gives some of them a priority right to maintain the workplace. It:

• persons with 2 and more dependents;
• single breadwinners in the family;
• received this employer injury or professor;
• disabled - participants in hostilities;
• improving qualifications without separation from production;
• other categories provided for in the collective agreement.

These employees go under the reduction in the last place. It is impossible to dismiss the employee if it is on sick leave or on vacation. To reduce temporarily disabled and vacationers, you will have to wait until they go to work.

All these exceptions do not act with the complete elimination of the organization. The liquidation procedure is practically no difference from the reduction, except for one thing: jobs are deprived of all personnel of the organization, regardless of position, qualifications and social status. Workers who in ordinary situations have "immunity" from dismissal (pregnant, lonely mother and other), no benefits for liquidation. An employer does not offer anyone a translation to another position, because completely ceases to operate.

Dismissal of violators of labor discipline and unprofitable workers

An employee who systematically violates discipline, causes the leadership a completely explained desire to get rid of it. Labor legislation allows you to dismiss the employee immediately only for the rude disciplinary "crime":

• absenteeism;
• presence at work in a state of intoxication (alcoholic, narcotic), confirmed by medical examination;
• disclosure of protected information (state, commercial mystery), proven in court;
• theft, waste, material damage to the employer or a third party recognized by the court;
• violations of labor protection rules with grave consequences;
• loss of confidence for working with money and commodity values;
• amoral behavior for pedrattleships;
• the presentation of concrete documents upon admission to the position.

Dismissal with a one-time gross violation is a disciplinary penalty. The order of its design includes:

1. Detection of the fact of violation.
2. Fixation is offense (drawing up an act, protocol, examination, medical examination, etc.).
3. Getting from the defendant an employee of explanations in writing.
4. Consideration of the circumstances of the case.
5. The compilation of the order of dismissal in the form of T-8, references to supporting documents (acts, reports, explanatory, judicial decisions, etc.) are indicated as a basis.
6. By bringing the order to an employee under the signature.
7. Making an entry into the employment record with an indication of the corresponding article TK RF.

For example, how to dismiss the employee for the program: in the absence of a person at work throughout the day or 4 hours in a row, it is necessary to document this fact and prove that the employee was not on the spot without a good reason.

Before receiving an explanation from "Walking" operates the "presumption of innocence". The employee could be in the ran, vacation, on a hospital, be caused to court, get into an accident on the way to work, etc.

If the employee did not receive any sensible explanations nor the acquittal documents (a sheet of disability, the agenda to the court, the traffic police protocol, etc.), the misconduct is regarded as a gross violation of labor discipline and qualifies under Art. 81 TK RF, part 1, paragraph 6, subparagraph "A". This basis and will be recorded in the order of dismissal and in the employment record.

List of documents confirming the legality of such dismissal:

1. Act of a non-appearance to work.
2. Explanatory employee or act of refusal to provide explanations.
3. Order on disciplinary recovery / dismissal.

If the employer violated this procedure, even if it has good reasons for the dismissal of a trash, the "offended" worker has every chance to recover through the court.

It is also possible to dismiss a person for minor violations, but for this he must have several officially issued recovery (warning, reprimand, strict reprimand). Orders confirming "chronic" undisciplinedness, together can serve as a basis for rupture labor relations.

Another "delicious" question for employers is how to focus on the employee who, according to the bosses, does not correspond to the position. Except how to arrange a non-competent employee attestation, there is no other option. It is necessary to publish an order, create a certification commission and evaluate a person's professionality on the basis of well-established criteria. Unsatisfactory results of certification - reason to translate an employee to another position. Most likely, he refuses, then you can make dismissal with the wording "in connection with the inconsistency of the position." The term in which the employment contract needs to be terminated is no later than two months after the certification.

In the event of disputes associated with unlawful dismissal, the courts more often fall on the side of the workers. The reason is simple: a rare organization can boast of ideal order in the internal regulations and personnel documents. The lack of graphs, job descriptions, certification and labor regulations, an illiterately compiled employment contract, "missed" steps when initiating dismissal - all this may serve as evidence that dismissal is made with violation of the law.

The Labor Code lists a number of grounds in accordance with which the employment contract may occur. They are named in Article 77 of the Labor Code of the Russian Federation. Based on it, the parties can end the agreement on the initiative of emanating from any Party. According to the Labor Code, the procedure for the dismissal of the employee obliges the employer to publish an order with which the employee is acquainted with the painting. In case of disagreement, the employee with the fact or wording in the order and failure of the signature, the corresponding mark is set on the document. A copy of the order can be issued to the hands of an employee if he insists on this.

Dismampling procedure

The day of termination of the contract is the last working day (the exceptions are cases when the enterprise behind the actually non-working employee, his position or workplace remained).

The employing book is made by the employer in accordance with the Labor Code, and the rationale for dismissal is formulated with an indication of the article, part of the article or paragraph.

On the day of dismissal, the employer is calculated with the employee and gives it the documents. If an employee did not come for documents, he was sent a notice in which they report the need to pick up the labor book. An employee, and not received a book in time, and with a request for extradition later, the employer is obliged to return it for a three-day period.

Termination of an employment contract by agreement of the parties

This aspect is settled in Article 78 of the Labor Code of the Russian Federation. The termination of the Treaty on the Agreement of the Parties begins with the fact that the employee submits a statement where he asks to dismiss it under Article 77 of the Labor Code of the Russian Federation. The formulation of the "Agreement of the Parties" is preferable than the dismissal at their own request. Especially if the next step of the employee will be registered as unemployed. In this case, his allowance will be formed on the basis of the salary, which was appointed to him at the last place of work.

The agreement on termination of the contract is, in fact, addition to the employment contract. Sign it can be both an employer and its authorized person - the personnel inspector. Such an agreement implies the absence between the parties to material claims to each other.

Fixed-term employment contract

Regulated by Art. 79 TK RF. The administration monitors the timing of such contracts, and for three days before their completion warns the staff. The warning must be received by writing and can be presented in person, or sent by mail. Immediate contracts are concluded:

• for temporary execution of duties instead of missing employees. They are completed with the exit of the staff member to the workplace:
• to perform a certain front of work, and stops after their completion;
• for seasonal work. Completed with the end of the season.

If such a contract acts against a pregnant woman, then the existing procedure for dismissal from work obliges to prolong its term until it gets the right to the corresponding vacation. Other employees who wished to terminate the contract, notify the leadership of this 3 days before dismissal.

Termination of the employment contract on the initiative of the employee

Such a termination of Article 80 of the Labor Code of the Russian Federation is regulated, and is essentially dismissal at his own request. Submit a statement to the statement by an employee may at any time. But it will be able to finish the work only after 2 weeks, and being a supervisor, in a month. The prompted reasons for submission of the application can be any, but the work time will not be observed if:

• the employee is enrolled in an educational institution;
• gets a pension;
• moves;
• the employer violates the Labor Code;
• the employee has the right to avoid working out.

During this time, the employee has the right to change the intention and withdraw the application. In this case, it can be left in the enterprise, if, the vacancy is still free, and the new employee can still be refused in the reception. If the dismissal took place, the employer is obliged to settle with an employee, giving him documents on the last day and all due to payments.

An employee who did not withdraw the statement, but did not receive the calculation and not insisting on the dismissal, is considered to be continuing. His application loses its strength.

Termination of the employment contract on the initiative of the employer

At the employer, according to Art. 81 TK RF is the right to the initiative to terminate the employment contract. Motivation (grounds) to this are common and additional. General apply to all contracts, additional, only to the contracts of individual categories of employees. The termination of the contract may occur in the following circumstances:

• upon liquidation of the enterprise;
• due to the reduction of the state or number of personnel;
• due to the inconsistency of the working office being held (lack of qualifications, unconfirmed certification, inappropriate the post of health certificate certified by medical conclusion);
• due to the gross violation of official duties, in particular: the appearance of the enterprise in a drunken form, under the influence of drugs or toxic substances, non-compliance with commercial or state secrets;
• due to systematic non-performance of obligations (an employee already having disciplinary recovery);
• because of the embezzlement, waste, intentional destruction or damage to property;
• due to the violation of the labor-proof norms, due to which an accident occurred, for example;
• for immoral actions (for example, plant, for teachers);
• in the loss of confidence (in the financial sphere);
• for the adoption of unfound solutions, if they are expressed in the illegal use of property (by the administration of enterprises or organizations and leading accountants);
• for providing falsified documents to the personnel department.

It is worth noting that the order at dismissal is one of the above grounds obliges the administration to have documents confirming the oversight or misdemeanor of the employee. For example, it is impossible to dismiss a drunken employee if its condition is not recorded by a certified medical worker, on certified medical equipment. The employer, also can not dismiss on vacation, or on a hospital (except for the case of a facility of the enterprise).

An individual entrepreneur, having received an extract from EGRIP, may terminate contracts with all employees in the liquidation of the enterprise.

Additional foundations

p\u003e The termination of the contract by the employer can be motivated and additional grounds. They are negotiated by other regulatory acts. For example, teachers or educators can be dismissed for the use of controversial or inappropriate methods of education (for example, corporal punishment or psychological violence).

The dismissal may be punished violation of the charter of the educational institution or its program (FZ "on education"). The civil servants are dismissed for the disclosure of secret information containing state secrets or combining work with commercial activities (FZ "On the public service").

Persons with whom the employer cannot terminate the contract

• pregnant employees;
• women raising children under 3 years old;
• single mother, with children under 14
• single mother with children - disabled people under 18;
• other persons guarding such children on their own.

Dismissal in order of translation

This type of dismissal occurs, if there are two conditions:

• the employee filed a corresponding statement to the Directorate;
• the potential employer provided an employee employment guarantee. They may have the form of a warranty writing, or a signed application for admission to another organization for a vacant position. If we are talking about elective post - document confirming election.

Refusal to continue

The procedure for dismissal by the employee of this case regulates Art. 75 TK RF. Most often it is possible when changing the owner, all sorts of reorganizations, change of departmental affiliation, etc.

Any employee can file an ordinary statement in this case. This rule does not concern the Directorate and the Chief Accountant. With them, the contract is terminated on the initiative of the new department or the owner of the company and only after receiving them property rights. The deadline of termination is three months.

Change of working conditions

In the practice of enterprises, there are periodically situations when it is necessary to change the organizational and technological principles of the organization of the employment process. This is reflected in the change of the employment contract, although the principal transformation of the labor function does not occur. The employee is obliged to notify two months before the implementation of reforms in writing. If new conditions are not satisfied with the staff, he is required to recommend work (in writing). The new position must comply with the qualifications, skills and health status of the employee. If there is no equivalent work, but in the new conditions the employee does not agree, the contract is divorced. (Article 73 of the Labor Code of the Russian Federation).

Sometimes even mass dismissal about this is happening. In order to avoid such consequences and in the exhaust of the trade union, temporary output from the situation may be a part-time work. The team can work so until six months. If an employee is not going to work in a new situation, then according to Art. 81 Termination of the contract.

Health dismissal

If the state of the employee's body, supported by the appropriate medical document, does not allow him to take the old position, it has the right to claim a transfer to the place that meets its capabilities. If such a translation is not possible in this organization, then according to Article.77 of paragraph 8, the contract is terminated. The package of documents required for this should contain:

• medical documentation confirming the state of the employee;
• application for the translation signed by the employee;
• documents about the absence of a vacancy suitable for him;
• refusal to transfer if the vacancy has yet been proposed and detected inappropriate.

Moving an employer or production

In order to reduce the cost of production, the owners of the enterprise sometimes have to transfer it to another locality. In this case, the owner is obliged to write in writing about the crossing of employees. After receiving the refusal to work in another area, it is obliged to terminate the employment contract.

Circumstances independent of the will of the parties

How to act as a result of the occurrence of the problems of this order regulates Art. 83 TK RF. Circumstances can be different and the list of them is very wide. The most common, one can attribute the following:

• call for the army;
• restoration of the former employee in office (after the decision of labor inspection or by the court decision) as one of the options, an employee may offer another vacancy;
• the inability to transition to another job in the event of a translation attempt;
• not election to the post;
• disability recognized according to medical documents;
• court sentence;
• disqualification,
• administrative punishment that does not allow to perform duties;
• death;
• loss of missing;
• PE (war, catastrophe, element, etc.) recognized by the decisions of the government as such;

In this case, the runt of the contract occurs on the basis of documented circumstances, for example: agenda, death certificates, court order, medical documents, and other things.

Violations at the conclusion of an employment contract

Labor inspection In the process of work can identify violations in the preparation of contracts, in this case they are terminated using Art. 84 TC, for example:

• the contract concluded with an employee who has a prohibitive judgment of the Court to fulfill a certain work or the occupation of a certain position;
• work, on the implementation of which the contract was signed, is prohibited by an employee, as of health;
• an employee adopted an employee without the necessary education.

In these cases, the procedure for making the dismissal of the employee obliges the Directorate, to pay a dismissed existence allowance appropriate to average earnings. In addition to cases where the personnel department was misled by the employee. If the contract is terminated with a foreigner, then information on the termination of the contract must come to the relevant authorities - the FMS, the Employment Center, and the Tax Authority for three days.

Dismissal at your own accord (paragraph 3 of Part 1 of Article 77 of the Labor Code of the Russian Federation): Approximate step by step procedure

Dismissal at your own request:

9. Making a copy labor book Fired employee for the archive of the employer.

10. Issuance of an employee of the employment record on the day of dismissal.

In the case when, on the day of termination of the employment contract, it is impossible to issue an employee's labor book in connection with its absence or refusal to obtain it, the employer is obliged to send the employee a notice of the need to appear for the workbook or give consent to sending it by mail. Notifications are recorded in the employer installed at the employer, for example, in the log of registration of notifications and proposals to employees. According to the written appeal of an employee who has not received a labor book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee's appeal.

11. Confirmation of the fact of issuing an employee of his employment record.An employee of his signature confirms the fact of obtaining his workbook in the book of accounting for the movement of labor books and inserts in them. The form of this book approved by the Decree of the Ministry of Labor of Russia of 10.10.2003 No. 69 "On Approval of Instructions for Filling Labor Books".

12. Issuing certificate / certificates of the amount of earnings(paragraph 3 of Part 2 of Art. 4.1 of the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and due to motherhood").

In case of refusing to familiarize himself with the order (by order) on the termination of the employment contract, it is advisable also to draw up an act of refusing an employee to get acquainted with the order (by order), which is signed by the compiler and employees who were present in refusal (the law in this case does not require the compilation of the act, but upon the occurrence of the judicial The ACT dispute may be useful as an additional proof of the rightness of the employer). The act is recorded in the order installed at the employer in the relevant registration journal. It will be an additional step in step by step procedure for dismissal on your own accord.

The attitude of the employer and employees are formed on a voluntary basis with the conclusion of the relevant employment agreement. But even if the parties initially agreed on all conditions, it does not mean that there will be no disagreement in the future between them. In the case when the disputed situation is not allowed, as well as for suddenly arising life circumstances, it may be a question about the rupture of the contract. At the same time, according to the legislation, the employee must pass the standard procedure for dismissal on the TK RF. This article will consider that it represents which kinds of its types are and how to organize this process.

What is dismissal?

The dismissal of the employee under the Labor Code of the Russian Federation means the cessation of labor relations with him. This concept applies to any organization - whether it is public or private.

As a result of dismissal, after the proper design of the procedure of termination of the contract, the employee receives an employment record. It also provides a calculation.

Normative base

All aspects of dismissal are regulated by the Labor Code. In ch. 13 Conditions are prescribed and the procedure for termination of the employment agreement. GL 27 provides compensation for a dismissal employee in the event of liquidation of the company or reduce its state.

Types of dismissal

If you classify all the reasons for the dismissal of the TK RF in the criterion, why they have a place to be, you can highlight four main types of them:

• at the initiative of the employee;
• at the initiative of the employer;
• by mutual agreement;
• according to the reasons independent of the parties (for example, at the end of the term of the contract).

Causes of employee dismissal

The easiest form of dismissal from the point of view of its design is by mutual agreement (Art. 78 of the TC), when the parties agreed in advance of all conditions (the main thing is that they do not contradict the law). Other species imply a more complex procedure and preparation of various documents. Their reasons are listed in the table below.

Grounds for dismissing employee

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

In order for the dismissal on the TK RF, it was possible to recognize with legitimate, three conditions should be observed at the same time.:

• termination of cooperation between the employer and the employee is carried out according to one of the grounds provided for by law;
• the established procedure for dismissal corresponding to the established basis is observed;
• termination of the employment contract.

Step-by-step instruction for dismissal procedure

Labor legislation establishes a strict procedure for the dismissal of personnel. The reason for this is to protect the interests of the employee, because at the employer, in essence, there are more levers of influence 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 could be recognized as legal.

In case of violation of the rules required by the Law, unlawful actions can be challenged through the appeal to the State Affection of Labor or to court, as a result of which the employee may return to the previous position.

General conditions and procedures for dismissal under the TC RF is as follows:

Necessary documents when dismissal

The fundamental documents in the design of the dismissal under the TK RF are the order and note-calculation (T-61). An obligatory completion of the workbook. The entry in it is indicated based on the basis of the termination of the agreement. If necessary, the employer sends a notice that the worker takes the workforce in the personnel department.

If the documents are incorrectly drawing up or specifying information in them that do not apply to reality, it is always possible to protest dismissal. At the same time, the operation of the employer can be found illegal if they contradict the legislation or there are no sufficient grounds for the rupture of the employment agreement.

Duration of dismissal

If the employee is dismissed on his own initiative, according to the Labor Code (Art. 80), it can interrupt labor relations with the employer at any time. At the same time, the main condition must be observed: the warning of the head about his intention in writing should be provided 14 days before the planned termination of the agreement. In fact, the same term, the perfected person must work out.

However, according to the law, this period is not always mandatory. It is not necessary to work out 2 weeks in the following cases:

• upon reaching an agreement of the parties on other deadlines for termination of the contract;
• the employee is dismissed due to which the further fulfillment of duties is not possible (for example, the beginning of training or retirement);
• termination of labor relations with an employee is associated with a significant violation of labor legislation or the provisions of the collective agreement.

Even if the employee filed an application for dismissal, until the date indicated in it, he may at any time refuse his initial decision. Such an opportunity is excluded only when at his position was already invited in writing another challenger. In the opposite case, if both parties have come to mutual agreement on the termination of the employment contract, even if there is an application, it is believed that he continues its action.

After the deadline is completed, the employee may no longer appear at work, even if the organization did not approve his dismissal.

Possible nuances

The process of termination of labor relations under the Labor Code may have certain nuances based on one or another base, which served as termination of the Agreement.

So, when dismissing an employee under the Labor Code of the Russian Federation, due to the violation of the discipline, the employer must request from him explanatory. In case of care of your own accord, the presence of an employee's applied statement in advance is mandatory. If management intends to stop labor relations with part of working in organizations due to staff reduction, it is obliged to notify the relevant people about this at least 2 months.

According to the law, it is prohibited to dismiss employees when they are on sick leave or on vacation. It is also not allowed to terminate the employment agreement with a pregnant woman (except for the case of the liquidation of the enterprise).

If the cause of the interruption of labor relations was the elimination of the company or a reduction in its state, then the permissible to count on the output allowance, which is guaranteed by Art. 178 TC. The amount of benefits is equal to the average monthly earnings. The collective or employment agreement may provide for other payments exceeding the minimum established by law. The manual is issued on the day of dismissal, the date of which is indicated in the statement (it remains the same even in the case when the employee is on the hospital).

There are two varieties of output benefits:

1. paid in the liquidation of the organization (the amount of payments is established by Art. 81 of the TC);
2. provided when dismissal due to the inconsistency of the post. In the latter case, it is paid when terminating the employment agreement in connection with the refusal of the employee to move to another position proposed by the employer or due to the medical conclusion obtained, which does not allow for the previous work, in the absence of a different workplace.

Separate mention deserve dismissal features during the period of probation. The Labor Code (Article 71) allows the employer to terminate the employment agreement on its initiative until the end of the established period of the term in the event that, according to the leadership, the employee shows unsatisfactory results. At the same time, the employer assigns responsibilities for a written notice (no later than a 3-day term) of an employee for the Labor Code of the Russian Federation, in which the reasons should be indicated why the latter could not stand the test. This decision may be challenged by an employee in court.

In the case of not passing a trial period, the contract is terminated without attracting the opinion of the relevant trade union. On the output allowance in such a situation, the dismissal cannot count.

If, after the test period, the employee continues to perform its functions, it is believed that he passed the trial period, and therefore the termination of the employment agreement becomes possible only in compliance with the general grounds.

An employee who has a trial period may terminate the contract on his own initiative, if during him he considers that the work is not suitable. In this case, for 3 days in writing warns the employer.

If the employee believes that it was eliminated from office illegally, in the TK RF, he may challenge the decision of the employer. To do this, contact one of the following structures:

• in the labor inspectorate, which should consider the application for a month under the rules from the date of its submission;
• to the court, which also, according to the law, is obliged to consider an appeal in a 30-day term, but in fact it turns out more;
• to the prosecutor's office.

Each second or third person faces the problem of dismissal. Causes may be different, but there are several rules of moral and ethical content that need to be observed. From a legislative point of view, there are also nuances, after studying which one can avoid a number of negative consequences. How to quit your job to not harm your own career and stay on a good account at the former employer?

Not easy solution

Most people tried in the workplace to create a favorable and surrounding microclimate, the quality of the whole team depends on this. Friendly relationships with colleagues and adequate with management are becoming. But the moment comes when the responsible and difficult decision to leave the habitual environment is taken. This may contribute to one or more reasons:

• Getting more profitable from a financial point of view.
• Perspective career and professional growth in another place of work.
• Changing of the living place.
• Conflict with the leader.
• Disease or care for disabled family member.
• Inability to maintain working relationships with one or more colleagues, etc.

Everyone has a good reason and a number of problems that force a person to change the place of work. But it is necessary to leave correctly, extra emotions, especially negative, will not help avoid negative consequences. First of all, it is necessary to continue and remember the legal side of the issue, the rights and obligations of the employee who regulate the Labor Code. The dismissal of the employee must comply with all its requirements. Let's all in order.

Dismissal

Complete solution is made, preparing to complete the procedure correctly and competently. Article 80 of the Labor Code of the Russian Federation is devoted to the procedure for termination of a previously concluded employment contract with an employer organization at the initiative of the employee. The main provisions of this law are as follows.

1. Each of the staff has the right to terminate the contract with the employer on its own initiative, warning the management of the enterprise in writing.
2. The dismissal application is transmitted to familiarize themselves to the head of the unit two weeks before the term of termination of the contract. Within 14 days, the employee is obliged to fulfill its duties in the usual mode (according to the job description) and go to work daily.
3. By agreement between the employee and the head of the enterprise, the dismissal prevention period may be reduced, i.e. it is possible to work not 14 days, the quantity depends on the coordination.
4. The dismissal of an employee on the day of filing an application can be made in case of the impossibility of continuing work (illness, admission to an educational institution, violation by the employer of the Labor Code of the Russian Federation or another regulatory act, retirement age, disability, urgent relocation and other circumstances specified in the application).
5. After the transfer of the application, the employment contract concluded earlier should be terminated on the 14th day. During this time, the employee has the right to pick it up, in this case the agreement continues to operate. But if an appropriate order is published, another employee is invited to this position, there is no reason for refusing to make a new employee.
6. After the expiration of the warning time provided for by the law (2 weeks), the employee has the right not to visit the workplace, even if the contract employer did not terminate.
7. On the last working day, the company is obliged to pay an employee's calculation and all the necessary compensation, to display dismissal in the employment record, which is issued on the same day.
8. If the term declared the law on the dismissal prevention, expired, and the employee continues to go to work, and the employer did not publish the appropriate order, the application may be considered canceled.

Procedure

Labor code dismissal reduces to three main points.

1. Applying for dismissal.
2. Working time testing (at least 14 days from the date of application).
3. Obtaining the calculation and workbook by the employee (stipulates with the manual, but no later than the last working day).

In real conditions, various options for the development of events are possible, which are based on disagreement of the parties with any point. Employers often try to tighten the term of working if the employee represents the value for the company: do not sign an application or suggest that they have not familiarized with it in a timely manner. Sometimes there are unpleasant situations with a delay in the calculation and obtaining the necessary documents. By the employee, the most common violation is the failure to fulfill labor duties and the absence (without a valid reason) in the workplace after submitting an application, which is regarded by the employer as a row. From the point of view of the Labor Code, this may lead to dismissal on another article or sanction (including fines), prescribed in the internal documents of the enterprise. In any case, all disagreements can be solved by a negotiable way that lawyers advise. If it is impossible, each of the parties can contact the judicial authorities. To avoid conflict situations, the employee and the employer needs to be clearly followed by the legislation standards and do not allow it to disturb the opposite side. First of all, we correctly write a letter of dismissal. As a judicial practice shows, a large number of errors makes the employee himself.

Statement

There is no clearly developed form of application for dismissal a clearly developed form of application for dismissal, so controversial situations arise. Enterprises independently create unified forms that are used as a form. In most cases, this type of document is written by hand and has standard content. How to get out of work? Write a competent statement, and many lawyers advise this in two copies and register as an incoming document or put the signature official with the date. The second copy of the employee remains and can be used in the event of a conflict situation. For example, when the document is lost or its untimely provision by the head of the enterprise director. The typical form of the application is as follows:

Director of Neva LLC

Sidorov I. I.

From Accountant Seleznevova A. Yu.

Statement

I ask me to dismiss me from office on your own request on 14.07.2011.

Selezneva A. Yu. (Signature) 07/01/2011

This form is simple and informative, it indicates the expiration date of the warning and clearly spelled out the document submission date. An employee can write a letter of dismissal in advance (for six months, three months), this is not prohibited by law, although quite rarely such a situation occurs in practice. As judicial practice shows, most controversial situations can be avoided if the employee and the employer clearly and in writing coordinate their wishes.

Duration of dismissal

From the moment of registration of the statement by law, the term (two weeks) is 14 days, at the end of which the employee must obtain the calculation when dismissing and the workbook form with the appropriate record. For a variety of reasons, a former employee seeks to reduce this time. The task is solved easily in the case of the mutual agreement of the parties (employee and employer). It is possible to quit up with work without working, issuing a statement accordingly or by signing a separate agreement. In a statement to dismissal, the date of termination of the contract is indicated by the employee. If the head signature puts on it, the order comes out within the specified period. For an employee, the main task is the right substantiation of the need for urgent dismissal and the availability of a person who can start fulfilling his duties in a short time. As objective reasons, urgent family circumstances can act as an objective reasons, etc. If the head of the enterprise does not agree with the arguments of the employee, then you will have to work out permanent 80 TK TK Time completely. Therefore, the question of how to quickly resign from work, relevant for many employees, especially for those who are afraid to miss a more promising place of work, which seems very attractive.

Calculations when dismissal

After terminating the contract and signing the appropriate order, an employee must obtain all the necessary speculation species, compensation is also paid. When dismissing, accounting makes salary accrual by actually spent time for the current month, regardless of the end of the work. As a rule, the problems do not arise with this type of payment, the calculation is made in standard mode. Most often, questions regarding accruals appear when issuing compensation for unused vacation. When dismissing, the calculation of this amount may cause disagreements. Vacations are charged to employees in accordance with Article 121 of the Labor Code of the Russian Federation every year, while many employees actually do not go on vacation at their request or at the initiative of their direct supervisor. Information about this payment is collected for the entire period of operation, i.e. for each year, regardless of the use of the vacation. Compensation for dismissal is regulated by Article 127 of the Labor Code of the Russian Federation. If, by the nature of the activity, the employee has the right to an additional (extraordinary) vacation, its payment is governed by the internal regulatory documents of the enterprise and the decision of the management. With advance payment of vacation payments, this amount is held at the calculation. The remaining types of day off benefits and compensation payments depend on the kind of activity of the enterprise and the profession of the employee.

Recreation of Application

Sometimes an employer at negotiations with an employee for dismissal, due to the value of a specialist, tries to be interested in more favorable working conditions and leave in the enterprise. It may be an increase in wages, career growth or more responsible part of the work. At the same time, the remaining 14 days of working out remain an employee to carefully consider the proposal of the leadership. The result is not always predictable, but most people with thought about the prospects for increasing and that at the same time can remain in the native team, most often respond to the previously written statement. This is usually done in two ways: either after a period of 14 days the employment contract remains in force by agreement of the parties, or the official document is written on the invalidation of the dismissal statement. The unified form of the document does not exist, so it can be written in an arbitrary form. It is invested in the personal business of the employee, and the application for dismissal on his own will loses legal force.

To go down

Regardless of the cause of the care, the employee must behave very correctly and worthy, leave the best impression of himself and as a person, and as a specialist. To do this, comply with several basic rules. It is impossible to leave "to nowhere", it is pre-please to choose the place of work, go to the interview. If the future place is objectively promising, then you can prepare the team to your care. Some employers belong to understanding that the employee is looking for a new place, because they cannot provide prospects for further growth and development. Although most of the leaders and colleagues belong to the one who submits a statement about the care of the traitor.

Diplomacy

It is possible that the rainbow prospects of work in the new position in the long-awaited place will remain with dreams, so it should be very correctly communicated with the leadership. Nobody is insured against errors, suddenly you have to go back? When talking with the director, it is necessary to use maximum arguments and a minimum of emotions. The cause of care should be formulated in such a way as not to affect the pride of the person. It is best to start a conversation with gratitude for invaluable experience in his leadership. If you correctly formulate your request, then it may be possible to quit work without work. But at the same time it is necessary to provide the substantiation of the completeness of all its current affairs. If the diplomatic approach gave a positive result, then you can ask for recommendations for a new job. And then you can even sit for writing the book "How to quit with work." The main rule: no need to clap the door and shout about what a bad venture is, even if the dismissal of an employee occurs at the initiative of the head, it is necessary to at least "save face".

Collective

How to quit from work, so as not to break friendly connections and be able to return? The recipe is simple - be open and friendly. The working team is a big family - if you explain correctly, you will be understood and supported. Mandatory condition for dismissal is the delivery of all current projects, the completion of the work has begun. It will be very good if an employee will lead a qualified specialist whose training will not take much time. Then the workflow does not suffer, which is very pleased with the management of the enterprise and colleagues on work. After submitting a document on the dismissal and, in the case of its signing, the director it is necessary to notify all the counterparties with which workers and personal contacts are established. This will help not lose useful links and establish them if necessary, it will also facilitate the work of a person who will continue to work with them.

The final stage

After receiving the entire amount of the calculation and the proposed compensation, do not forget to say goodbye to colleagues, a small tea drinking will leave pleasant memories. But in the festive bustle, you must collect all the necessary documents. The labor book should contain an entry on the termination of the employment contract at the initiative of the employee, that is, Art. 80 Labor Code of the Russian Federation. If it turned out to take a recommendation letter from the leadership, it will be very useful both for the employee and for the image of the company's employer. In the accounting department, you need to receive a certificate of 2-NDFL (income tax) for the last 6 months. It will be necessary at a new place of work for calculating the hospital sheet or vacation. Do not seek to pick up with you everything that has been done, colleagues will be grateful if you will leave the summary tables or diagrams of the indicators and teach them the same way.