Dismissal from work procedure. Correct documentation of the employee dismissal procedure

Regardless of who the employee worked at the enterprise, for what reason, and when he was dismissed, the procedure for issuing him all the necessary documents must be followed. Documentation of the employee’s dismissal must also be clearly documented, in accordance with the current labor legislation. Therefore, it is important to know the rules for preparing documentation and papers during the dismissal procedure, as well as to give the dismissed person all the documents to which he is entitled, in accordance with regulations. They include work books, orders, pension certificates, medical records, certificates, etc.

Documents upon dismissal of an employee

Upon termination employment contract, there is a certain list of documents that every employer is obliged to correctly draw up and hand over to the dismissed person. There are also those that are issued upon request, but the employer has the right, on his own initiative, not to issue them if he has not received a request for these documents.

Why does the legislator approach the issue of timely issuance of documents to the dismissed person so strictly? The fact is that he may need them for a new job, or for registering with the labor exchange. Therefore, Article 84.1 of the Labor Code obliges the employee to be issued with a work book (if available, a sanitary book, medical record), along with the calculation, since these are the documents he may need for a new job.

At the same time, the employee does not deprived of rights ask the company for everything properly certified copies of documents related to his work. And the employer must issue the requested documents within three working days. For example, copies of all orders regarding this employee(about his admission, transfer, dismissal), extracts and certificates related to wages, a certificate of paid insurance premiums for this employee, pension certificates and so on.

If the employee is on this enterprise started his work activity, then the employer must issue a pension certificate. Further, upon subsequent employment, the employee himself must provide the enterprise with the specified insurance certificate. That is, the first employer of this employee must formalize it, but keep it subsequently this document owes it to the employee himself. The law sets a deadline for submitting documents for registration of a certificate (a questionnaire filled out in the employee’s own handwriting) - two weeks from the moment an employment contract was concluded with a young specialist.

The procedure for issuing a certificate can also take about three weeks. Thus, all processing takes on average from a month to two. Therefore, there are often cases when a young specialist leaves the enterprise without yet receiving said certificate. But the employer, in any case, even after his dismissal, must issue him this document after it is ready. This is done by sending a notice former employee the need to appear in person for a certificate.

What documents need to be completed when dismissing an employee?

When preparing documentation before terminating an employment contract, it is important to consider the reason for it. For example, upon termination labor relations with an employee at his request, the list of documents is noticeably smaller than, say, during the liquidation of an enterprise, or during dismissal under an article. The main difference is the documentation used to dismiss an employee. If this is a dismissal for absenteeism, then before ordering the dismissal of a negligent employee, the employer needs to correctly draw up everything possible acts, collect explanatory notes from the employee. And when dismissing by agreement of the parties, there must be a written agreement on the dismissal of the employee precisely according to this wording.

So it turns out that it seems that there is only one document that is a direct basis for dismissal - and this is an order, but in the order itself there should be different wording, depending on the reason for the termination of the employment relationship. In addition to the order, all documentation preceding the dismissal must be available, which served as a direct reason for terminating the employment contract with the employee.

Consider the case of liquidation of an enterprise

So, in order to dismiss someone due to the termination of the organization’s activities, the owners must first make a decision on such liquidation, or there must be a reasoned court ruling on the initiation of bankruptcy proceedings (if the enterprise in which the dismissed person works is in precisely such a bankruptcy situation) . In addition, the basis for termination of the enterprise’s activities and, accordingly, for the dismissal of employees may be a government agency’s refusal to renew the enterprise’s license under which it operates, or an extract from Unified register about non-extension of the registration period.

Based on the above documents, the person being dismissed must be notified in advance of the upcoming termination of the employment contract due to the liquidation of the enterprise. Moreover this notice also in mandatory must be signed by the employee prior to his dismissal. This is the main package of documents that must be drawn up when dismissing an employee. The employee has the right to demand certified copies specified documents, or have the opportunity to familiarize yourself with them. The preparation of documentation that precedes dismissal is very important, because when the dismissed person goes to court, and in the absence good reasons(and therefore documentation that confirms these reasons), he may demand compensation and reinstatement in his previous position.

What documents are issued to an employee upon dismissal in 2014?

Labor legislation regarding the preparation and issuance of documents in 2014 did not change significant changes. HR services enterprises still need to be guided by the requirements of the Labor Code and other legal acts regulating the procedure and instructions for their registration and issuance. Main documents that must be issued:

1. duly completed work book;
2. medical record (must remain with the employee upon dismissal, even if it was issued at the expense of the employer);
3. document on education (if an agreement was concluded with the employee student agreement exactly at this enterprise);
4. certificate of earnings;
5. copy of the order (on request).

Termination of employment relations must also be formalized in accordance with established by law documentation procedure. It is necessary to issue a personal employee card, as well as keep accounting logs.

Separately, many employers have a question about whether it is necessary to issue an employee a certificate of his income upon dismissal. Article 230 Tax Code regulates the employer's obligation as tax agent, only when the employee submits an application. That is, if an employee has submitted a written request for this document, it must be issued; in the absence of such a request, the employer is not obliged to issue it.

What certificates are issued to an employee upon dismissal?

p> If the situation with the issuance of a work book and medical book is more or less clear and each employer fulfills this requirement law without keeping required documents, then many violations arise with the certificates. And that's why. Article 62 of the Labor Code of the Russian Federation does not establish a time frame when an employee can apply to the enterprise for certified copies of documents and for certificates related to his work and wages. But for the employer, the deadline for responding and issuing certificates is three working days. Failure to issue such a certificate on time is akin to a violation of the law, and such a violation may entail disciplinary sanctions.

Article 84.1 of the Labor Code also provides for the right of an employee to apply at any time, before dismissal, or after it, to obtain the desired certificate, which, by the way, must be properly certified with the company’s seal and signature responsible person. Moreover, the enterprise must keep a log of their issuance.

Let's consider what certificates may be needed, from those that the employer must issue:

1. certificate of accrued earnings and taxes paid;
2. a certificate of paid insurance premiums and the employee’s earnings for the last two years;
3. certificate of temporary incapacity for work;
4. income certificate for the employment service.
5. personalized accounting documents (information submitted in accordance with the approved Pension Fund form).

In addition to the fact that these certificates and data must be issued to the employee upon his request, the legislator also provided administrative responsibility for refusing to hand them over. This is a fine of 50,000 rubles.

Documents for dismissing an employee

Since, as practice shows, both the courts and the legislator, in most cases, are on the side of the employee, as the more unprotected party to the labor relationship, upon dismissal, you need to prepare all the documents correctly, and also keep records of all of them in personal file employee. Above we examined the case of liquidation of an enterprise. But there are a few more important nuances wording when terminating an employment contract, and, accordingly, based on this, you need to draw up personnel documentation, even before the dismissal order is issued.

When contracting

If an employee is laid off, he must be notified of this at least two months in advance, as established by the Labor Code. It doesn’t matter whether the employee is at work, or on vacation, or on a business trip (and in in this case he needs to be recalled from his business trip, and then given a notice that he is being laid off). Before sending notices to all laid-off employees, the company must issue an order to reduce staff. It is also necessary to prudently check whether the employees who are about to be laid off are not included in the list of those who, according to Labor Code, have the right to remain at work in the event of an upcoming layoff.

According to the article

If an employee violates labor discipline, or, if it does not meet the established qualification requirements for the position he holds, dismissal documents are still prepared, after which those that belong to the employee are handed over to him on the day of dismissal.

If the employee is absent necessary knowledge and skills, as well as upon dismissal for disciplinary offense, everything should be done with him due calculations, a work book was issued. Moreover, the employee is not deprived of the right to demand from the employer certified copies of all his labor documents, including those for which he was subjected disciplinary action, or copies of the certification results on the basis of which he was dismissed as unfit for work.

The indicated availability of information for the employee makes sense, because he has the right to appeal every document issued to him. And not only in court, but also in the labor service.

So, upon dismissal, the employer gives the employee the following documents:

1. Employment history;
2. Medical record (if you have one);
3. Certified copies of employment documents;
4. Information upon request of the employee;
5. Personalized information.

• Personnel records management and Labor law

10/04/2017 New version of this document

An employee can be dismissed only if there are documents confirming the grounds for dismissal, for example (Articles 78, 79, 80 of the Labor Code of the Russian Federation):

• resignation letter (see sample 1), if the employee resigns of his own free will;
• agreement on termination of the employment contract (see sample 2), if you part with the employee by agreement of the parties;
• notifications about the expiration of the employment contract (see sample 3), if the employee worked under a fixed-term employment contract.

1. Issue a dismissal order (Form N T-8 or T-8a) (see sample 4). This order must indicate:
   • grounds for dismissal;
   • clause, part and article of the Labor Code of the Russian Federation, in accordance with which the employee is dismissed.

   The employee must sign the order indicating that he has read it.

2. Based on the order, it is necessary to make a record of dismissal in work book employee.
3. Draw up a calculation note (Form No. T-61) indicating all payments due to the employee.
4. Make an entry about the dismissal in the employee’s personal card (Form N T-2) and familiarize the employee with the data entered into it against signature (Article 84.1 of the Labor Code of the Russian Federation).

The dismissal of an employee is associated with the need for the employer to provide the former ward with a certain list. What's on this list in 2017: we'll talk Further.

Legislative grounds

Issuing documents upon dismissal is the obligation of the employer, provided for in Art. 84.1 TK. Photocopies of all documents that are related to labor activity of a dismissed citizen at this enterprise, are presented upon the written request of the former employee.

List of documents that are issued to the employee

The list of documents upon dismissal in 2017 includes:

1. completed work book;
2. written recommendations;
3. a copy of the executed employment agreement;
4. certificate in form 2-NDFL;
5. information from the territorial division of the Pension Fund.

In addition to the above documentation, the employee has the right to request certificates that include data on the average wages.

Photocopy of the dismissal order

To get it all Required documents, the employee is required to draw up a corresponding application using the local form. It is necessary to pay attention to the fact that the severance of labor relations occurs due to voluntary decision citizen. This application concerns only the receipt of the required documentation. After the employer has read the submitted application, he must issue an internal order addressed to the chief accountant.

Completed work book

If a citizen decides to sever his employment relationship, then work book There must be a record confirming the employee’s initiative. The same entry must be recorded in the transfer deed.

Preparation of salary certificates

As a rule, in the event of dismissal, former wards want to receive a salary certificate. But there are several types of such certificate.

The first type is a salary certificate for the current working year and 2 previous years for the calculation of social insurance benefits, for example, maternity and child care benefits. Issued real certificate By approved form, which can be found in Appendix No. 1 to Order of the Ministry of Labor No. 182n dated April 20, 2013. Every employee who plans to continue working in another organization has the right to request a certificate.

If, after dismissal, a specialist does not plan to get a job, but wants to apply for unemployment benefits, then you need to request a certificate of average earnings.

The list of documents upon dismissal of an employee is supplemented with Form 2-NDFL. This certificate contains information about the employee’s earnings from the beginning calendar year until the day of dismissal.

Documents containing “pension information”

In addition to salary certificates, in the event of dismissal, a citizen must be provided with documents that contain information regarding length of service and contributions that were accrued from his salary and other types of remuneration. The employee is given:

1. form SZV-M for the month of dismissal, which contains data only for this month;
2. section 3 in the report “Calculation of insurance premiums”, which contains individual data of the specialist from the beginning of the quarter until the day of dismissal.

In the event that an employee quits and retires, he has the right to request a certificate from the employer in the form of SPV-2. The original document must be sent by the head of the enterprise to Pension Fund, and give a copy to the employee.

Medical book

A medical book does not have any informational value. This is due to the fact that when joining a new enterprise, an employee is required to obtain a new medical record. Old book is not saved at the previous workplace, so it is given to the employee along with other documents. In some cases, it is kept by the employee himself.

Necessary documentation to register with the labor exchange

If, after dismissal, a citizen plans to register with the labor exchange, then he must present:

1. certificate on form 2-NDFL;
2. information about average income;
3. a photocopy of the employment agreement.

In addition to the above documents, the citizen will need to fill out an application in form P-011, as well as provide an identification document.

Terms and rules for preparing copies of documents

All copies of certificates that a dismissed citizen receives must contain the seal of the enterprise. IN otherwise The received photocopies will not have legal force.

According to Art. 80 of the Labor Code, the employer is obliged to issue all requested documents on the day of termination of the employment relationship. If this does not work, then transfer required package documentation is required within 3 days after dismissal. If these deadlines are violated, the citizen has the right to appeal to territorial division labor inspection. Failure to appear or absenteeism during such a period will not be counted.