Features of voluntary dismissal with work off. Rules for dismissal at will with and without service. Calculation rules for voluntary dismissal

Almost every person, sooner or later, gets a job. Only a few either do not encounter employment all their lives, or work for themselves. When there is a desire to terminate labor Relations with the employer, it’s time to remember the rules for dismissal at will. It is them that we will study. If you do not take into account the specifics of the mentioned operation, you will have to face a number of problems. This applies to both the employer and subordinates. In reality, quitting your job is easier than it initially seems. Termination of relations labor type has many nuances, but all of them are easy to remember. And if you follow the instructions presented below, then everyone will be able to leave their previous place of employment on their own initiative.

Law or fairy tale

What are the rules for voluntary dismissal? First of all, let's look at the current legislation. Can a person really leave work whenever he wants?

Yes. The Labor Code of the Russian Federation indicates that all officially employed people have the right to dismissal on their own initiative. This statement is stated in Article 77 of the mentioned code of laws.

Accordingly, regardless of position, duration of cooperation and social status, a person has the right to terminate relations with the employer.

Initiative and time

The rules for voluntary dismissal include many nuances. Current laws indicate that officially employed people can leave their jobs at any time.

What does it mean? You can resign while on sick leave or vacation. Even during the probationary period. The employer has no right to retain subordinates. The initiative shown by the employee must be documented. And management is obliged to fire a person upon request.

Alert

It is worth remembering that in order to terminate an employment relationship, you must communicate your intentions in advance. In this case, you will have to submit a letter of resignation of your own free will.

The rules for leaving work state that the form of the mentioned document must be in writing. A similar point is spelled out in Article 80 Labor Code. If an employee has not warned of his intentions, then he cannot be fired. Missing work will be considered absenteeism with all the ensuing consequences.

Notice period

How much time in advance should you notify your boss of your intentions to terminate your relationship with him? It all depends on the situation.

IN general cases application required established sample 2 weeks before leaving work. But sometimes you can make a request 3 days or even a day in advance. These are quite rare options, which will be discussed later. To begin with, it’s worth considering everything general rules dismissal at your own request.

About the request structure

How to write an application for termination of an employment contract with an employer? Even a schoolboy can do this. It’s easy to complete the paperwork - just remember the rules business correspondence. This type statements have a general structure.

It consists of:

• "caps" (in the upper right corner);
• names;
• main part - requests;
• conclusions.

The applicant's signature must be affixed at the end of the document. After submitting the request, the employer signs it and issues a dismissal order. Nothing difficult, unclear or unusual. Especially if the parties act in accordance with the law and do not interfere with the exercise of rights under the Labor Code.

The rules for dismissal at the employee's own request must take into account the specifics of writing the application. established form. We became familiar with the structure of this paper. But that is not all.

Now you should pay attention to the contents of the paper. The application shall indicate the following information:

• Full name of the applicant;
• request for dismissal;
• date of termination of the relationship;
• information about the employer;
• the name of the company where the person works.

There is no need to explain the reasons for your decision in the situation being studied. The main part of the request often fits into 1 sentence: “I ask you to fire me... at your own request.”

Working off

After a citizen has submitted an application for termination of the employment relationship, the so-called working off begins. It lasts 14 days. This is the time when a person still has to work. Typically, during the working period, the employer is looking for a replacement for the subordinate, and is also preparing all the documents necessary for the operation. This time period has its own characteristics.

The rules for voluntary dismissal in Russia state that it is possible to negotiate dismissal without service with the employer. In this case, the reason can be absolutely any; its validity is assessed by the employer. We'll look at it later legal ways dismissal without work.

On the day you leave work

Let's assume that the person informed the employer about his decision in advance. The application has been submitted. Now the work is underway. What's next?

During this period, the employee performs his job responsibilities. The rules for voluntary dismissal with completion of work include the need to pay for this time on the day of termination of the relationship. That is, for an employee, the mentioned feature can be a plus.

On the day of termination of the contract the following occurs:

• the employee is given certain documents;
• settlement is made with the subordinate;
• the dismissal order comes into force;
• The employee's personal file is closed.

If on the day of dismissal the person is not in the company, then the calculation is made the next day after the citizen is announced at the workplace. And the documents are issued immediately. Upon receipt (under any circumstances), the employee signs in special accounting books.

About documents

The rules for voluntarily leaving work mainly concern employers. After all, for an employee this procedure is not so difficult.

As we have already said, upon dismissal, the former subordinate must be given some documents. These necessarily include:

• pay slip;
• work book.

In practice, they now also issue a certificate of income in form 2-NDFL. This technique saves you from unnecessary problems in the future. For example, if a dismissed employee will need to prove income for the last few years.

All papers are given against signature. If an employee refuses to receive certain documents, the employer draws up an act in the established form. It states the fact of notifying the subordinate, as well as his will.

About calculation

What calculation rules for voluntary dismissal must be remembered? There aren't that many of them. Especially if we're talking about on termination of employment relations with an ordinary employee.

When leaving work, a citizen has the right to:

• payments for time worked;
• compensation for unused vacation.

In some cases it is possible additional payments. They take place if the relevant clauses are specified in the employment contract. As a rule, the majority of employers do not provide their employees with such bonuses. Therefore, according to the law, you can only demand money for unused days vacations and payment for time worked.

Calculation features

In 2017, the rules for voluntary dismissal did not change at all. The calculation is provided according to general principles.

What should you pay attention to? For example, the following features:

1. If the vacation is 28 days, then each full month An employee's work is equal to 2 days of "rest".
2. A person worked for six months and decided to quit? You can only claim compensation for vacation 12 days in advance. And only on the condition that this period has not been used previously.
3. Upon receipt incomplete days Holidays during calculations are rounded up to a full day.

I guess that's all. As a rule, with similar features Every accountant should be familiar with this. Otherwise, the dismissed employee may demand penalties and compensation for incorrect calculations. And this, as you might guess, unnecessary problems for the employer.

Step by step about ending a relationship

We have studied the basic rules for dismissing an employee at his own request. Now let's look at this operation step by step. It will help you avoid many troubles.

The procedure for terminating a relationship looks like this:

1. Filling out a resignation letter from an employee.
2. Submitting a request to the employer. This must be done at least 2 weeks before leaving work.
3. Signing the application.
4. Workout.
5. Drawing up a dismissal order.
6. Entering a record of termination of relations in the work book of a subordinate.
7. Preparation of the calculation sheet.
8. Issuance of documents to the employee.
9. Subordinate's signature in the accounting journal about receipt of the required papers.
10. Calculation with a person.
11. Painting for money received.
12. Closing a personal file former employee the dismissal order came into force.
13. Sending the mentioned document to the company archive.

That's all. The rules for voluntarily dismissal are easy to remember. And perform the mentioned operation too.

Maternity leave and dismissal

According to current legislation, persons caring for children under three years of age cannot be dismissed at the initiative of the employer. But they have the right to terminate the relationship at any time at their own request.

In this case, you can notify your superiors a day in advance about your decision. It is prohibited to call a subordinate to work. The rules for calculating voluntary dismissal under such circumstances are slightly different from the previously listed principles.

The fact is that if there is no time worked in a particular billing period, then you cannot count on payments. Maternity leavers don't work. For them billing period is 2 years. Often, upon dismissal, they are not entitled to any money.

Pensioners

But that's not all. The next interesting category of subordinates are elderly people. Every boss should remember the rules for voluntarily dismissing a working pensioner.

An older worker can notify about his intentions regarding leaving work 1 day before the idea is brought to life. In fact, he is not entitled to any punishment. This principle applies only when a person for the first time after achieving retirement age quits.

Re-employed pensioners will terminate their employment relationships based on general rules. This means that they will have to work out and warn in advance about their refusal to further cooperate.

Chief in the company

What features do the rules for dismissing the chief accountant at his own request (or any other member of the company’s management) have? In general, the process is no different from the previously listed actions.

If it is planned to terminate the employment relationship with the chief accountant, the latter will have to draw up a document on the transfer of his powers and, before leaving work, conduct an accounting audit. Relevant transactions are documented.

The transfer of authority is formalized either to a person entrusted by management, or to an employee whom they decided to hire instead of a previous subordinate.

Probation

We have found out the rules for dismissing a pensioner at his own request. And the procedure for terminating the contract with the chief accountant too. What to do if a citizen decides to leave work during the probationary period?

He has such a right. Moreover, a subordinate can notify about the decision just 3 days before dismissal. Otherwise, the procedure has no special features. The general rules for voluntarily dismissal of an employee apply.

No detentions

The time has come to study the most interesting operation - leaving work without working off. As practice shows, this is exactly the option for many employees.

The rules for voluntary dismissal without work include all the previously listed features. You can get rid of the mentioned period:

• asking for sick leave before submitting your resignation letter;
• going on vacation.

That is, the employee first writes an application for sick leave/vacation, then about dismissal. They will not be able to call a citizen to work. You will have to pick up the documents and money required by law at the appointed time. Even if a subordinate goes on vacation at his own expense, he does not have the right to force him to work.

Norms current legislation the right of any citizen to work is enshrined, as well as the free choice of the place where he will work. Unlike an employer, who cannot fire an employee without sufficient grounds, a worker has the opportunity to terminate the employment relationship at any time. The only restriction imposed on him is mandatory work.

It is necessary to enable the management of the enterprise to find a replacement for the dismissed employee. In this way, it is protected from disruption of the production cycle due to lack of personnel. In addition, during this time the management must produce necessary calculations, prepare documents for issue to the employee.

An application for voluntary dismissal with completion of work is submitted to the management of the enterprise two weeks before the expected day of dismissal. It is this period that must be worked out by a citizen who wishes to terminate the employment relationship in unilaterally.

At the same time, he will receive the full payment in accordance with Article 140 of the Labor Code of the Russian Federation on the last day of work. He will also be given a work book, in which it will be noted that the employee terminated employment contract at your own request, in accordance with Article 80 of the Labor Code of the Russian Federation. The final settlement involves paying the employee not only payment for the time actually worked, but also all payments due to him, including compensation for unused vacation.

If for some reason the worker was not at work on the last day and was unable to receive a payment, he has the right to receive it at any time. convenient time. To do this, you need to write an application for the payment of payments due to him. Total amount must be transferred to him no later than next day after receiving the request.

In practice, situations often occur when an employee submits a letter of resignation with 2 weeks of work while on vacation, or goes on vacation immediately after that. The legislator has not established any restrictions for workers regarding the time of termination of employment relationships. Unlike an employer, who does not have the right to fire an employee who is on vacation.

In this case, to calculate the employee who wrote the resignation letter, his call from vacation is not required. The accountant only needs to calculate how many days out of due vacation he uses and how much remains to be compensated. In addition, it is possible to make a calculation after the end of the vacation, but this must be agreed with the employer. In this case, it would be rational to make the necessary calculations before the worker goes on vacation and issue him a work permit on the last working day before the vacation.

Just as in the case of dismissal while on vacation, an employee, unlike the management of an enterprise, has the right to terminate the employment relationship while on sick leave. Such situations most often arise when an employee writes a statement and then receives a certificate of temporary incapacity for work. The employer, for its part, does not have the right to independently change the date of termination of the employment contract, therefore it is obliged to formalize the dismissal on a previously determined day. The exception is situations where the employee independently withdraws a previously submitted application.

Therefore, on the last day, the employer is obliged to make the final payment and prepare all the papers that need to be returned to the worker. In the dismissal order issued, a note must be made that it is impossible for the employee to familiarize himself with this document due to his temporary disability.

The work book, along with other documents, is given to the employee after he expresses a desire to receive them. Also, if there is the consent of the dismissed person, documents can be sent to him by registered mail by mail.

It should be noted that sick pay will be paid to the employee separately from total amount settlement. The amount will be assigned within 10 days after providing a supporting document, and the employee will be able to receive it on the next day when the company pays salaries to employees.

Is it necessary to work out

As noted above, the main function of working off is to provide the employer with the opportunity to select a replacement for the resigning employee. This is especially important when hiring a managerial employee or leading specialist. Therefore, with the consent of the worker, work can be extended for more long term.

It should be borne in mind that working off also gives the employee the opportunity to think again about whether it is worth terminating the employment contract. In accordance with Article 80 of the Labor Code of the Russian Federation, an employee who has submitted an application for dismissal can withdraw it without specifying reasons and continue to work for same place. However, another problem may arise here. If an employee has already been selected for this position and provided with letter of guarantee, the employer will have to place him in a similar position or offer a transfer.

It must be taken into account that after the expiration of the service period, the employee who wrote the application for payment should not go to work, even if the management of the enterprise this document didn't sign. This will not be considered absenteeism.

According to the norms of current legislation, there are a number of categories of workers whose working periods differ. Eg:

1. Employees located on probationary period, as well as those employed in seasonal work, must notify management of dismissal no later than 3 days in advance.
2. An athlete or coach works for at least a month.
3. The General Director is obliged to inform about the desire to terminate the employment contract at least one month before the expected day of dismissal.

Such a long period of service for a managerial employee is provided due to the fact that he is financially responsible person. Check required material base and hand it over to the new director.

In addition, there are a number of categories of citizens who have the right to terminate their employment relationship without working off:

• Pensioners;
• Those who have received a disability that is incompatible with continued work;
• Dismissal at one's own request without service due to moving to another city (supporting documents required);
• Students enrolled full-time in higher education;
• Those who need to care for a disabled child;
• Employees of an enterprise in respect of whom the employer violated labor legislation, including allowing long delays in wages.

If the employer refuses to terminate the employment contract, then the employee only needs to send an application to the HR department. This can be done by mail, using a registered letter, or delivered in person, but ask for a receipt note indicating the details of the receiving person, date and signature. If the company keeps records of incoming documents, then your copy of the application must have its incoming number.

After this, after the service period has passed, the employee may not go to work. The employer, in turn, is obliged to comply with the rules for dismissal at will with completion of work. Make the necessary calculations and issue (send by mail) the necessary documents.

The procedure for voluntary dismissal

Unlike other options for terminating an employment relationship, this method provides sufficient simple procedure. The procedure for resigning at your own request includes:

1. Writing an application;
2. Work off, if provided;
3. Making an order;
4. Familiarization of the employee with this document;
5. Issuance of work permits, other necessary papers, as well as the product of the final calculation.

However, there are a number of nuances that need to be taken into account. How to write a letter of resignation with service? It has free form. But it should be drawn up in 2 copies, since in practice employees sometimes encounter such a phenomenon as deliberate destruction resignation letters. If there is no second copy, then it will be enough for the employer to say that he did not receive such a document.

On the last day of work, the management of the enterprise must issue an order in the T-8 form. The employee must be familiarized with it against signature, and a copy of the document must be given to him. On the same day the employee must receive properly a completed labor report, with reference to clause 3, part 1, article 77 of the Labor Code of the Russian Federation and indicating the details of the worker’s application, as well as other documents related to the implementation of his labor functions. The final payment is made no later than the next day, unless the employee does not show up for work to receive it.

IN general procedure in case of dismissal of one's own free will with completion of work, the date of dismissal is the day specified in the application, which must be established no less than 2 weeks after submission of the application. The only exceptions are employees for whom the law provides for special conditions.

On probation

While on probation, a citizen is in a rather precarious position. On the one hand, the employer has the right to terminate the employment relationship with him unilaterally at any time. But there are also some advantages for the worker in this position.

If, after starting work, he realized that he was not satisfied with the working conditions, schedule, team or other aspects related to the implementation of assigned tasks, then he can quit after working for only 3 days.

Often, in order to avoid working time, workers register sick leave. This is not prohibited. The period of service is not extended when sick leave is provided.

For pensioners

The procedure for terminating employment relations for pensioners is standard. It provides for the same sequence of actions as in other cases.

However, according to Article 80 of the Labor Code of the Russian Federation, pensioners are exempt from service and can resign of their own free will at any time. To do this they will need:

• Complete and submit an application, or send it by registered mail with a list of attachments;
• In order for a pensioner to be released from service, he must provide a notarized copy of his ID.

In practice, employers often do not require a copy of the certificate, since they already have information that the employee is a pensioner. However, this issue should be discussed in advance to avoid problems.

For the chief accountant

The chief accountant belongs to the category of executive employees, so finding a replacement for him can be problematic. Therefore, when dismissing a person from this position at his own request, difficulties may arise.

It is better to notify management in advance so that Chief Accountant managed to convey necessary documentation, conduct a final check of the material base and other necessary actions.

The procedure for terminating an employment relationship is carried out in accordance with the general procedure. The work period for an employee holding this position is 2 weeks. However, if necessary, completion necessary procedures, by agreement of the parties, this period may be extended.

Working period upon dismissal of one's own free will

The procedure and timing of dismissal at the initiative of an employee are enshrined in Article 80 of the Labor Code of the Russian Federation. According to it, an employee who has expressed a desire to terminate the employment relationship is dismissed. In addition, it establishes the employer’s right to exempt a resigning employee from working the required time.

In this case, the date of dismissal will be the next day after the submission of the application for payment. At the same time, if a worker works for two weeks, he can use this time to reconsider his decision. He retains the right to withdraw the application on any day, up to the issuance of an order to dismiss the employee. This does not require any reason or the consent of the employer.

On the other hand, it is unlikely that anyone will take seriously an employee who expresses a desire to resign and then cancels it without good reason.

There are times in life different situations when a person is forced to quit unexpectedly of his own free will. For the manager educational organization This situation cannot be called a gift - a headache! More bigger problem becomes this situation when this happens before the “start” of a new school year. It’s good if the employee at least verbally warned before the leave that he would be quitting, but if not... This is where a situation very often arises when the employee is fired with work off. Let's consider everything controversial issues this situation.

Article 80 of the Labor Code of the Russian Federation states that “an employee has the right to terminate an employment contract by notifying the employer about this in writing no later than two weeks, unless another period is established by this Code or other federal law. Flow specified period begins the day after the employer receives the employee’s resignation letter.” A typical misconception of most workers who think - write an application and be free in a couple of weeks. The mistake of many workers is the belief that they need to start counting the working period as soon as the application is written. It is on this basis that many conflict situations. There is no need to get excited and engage in pointless disputes; it is easier to familiarize yourself with the procedure (Article 80 of the Labor Code of the Russian Federation).

The employee must comply with the requirement of this article (regarding two weeks), but if the situation is such that you need to quit before the two-week period ends. Part 2 of Article 80 of the Labor Code of the Russian Federation states that “in cases where an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases established violation employer of labor legislation and other regulatory legal acts containing standards labor law, local regulations, conditions collective agreement, agreement or employment contract the employer is obliged to terminate the employment contract within the period specified in the employee’s application».

And if the employee does not have the above grounds for “early” termination of the employment contract, then the employer has the right to insist on working for a two-week period and has the right not to satisfy the employee’s request for dismissal at an earlier date.

In practice, situations often arise when an employee has no grounds for “early” dismissal, the employer does not let him go without working, but he must resign! What to do in such a situation? Consider a situation in which the employer does not agree with the employee's termination date that the employee requests; insists that the employee work for two weeks. Most often (in the absence of grounds for “early” dismissal), the head of the educational organization will write a resolution on the application, which will reflect his position that “I don’t mind (I agree), but with working for two weeks.” Thus, the employer expressed its position that it “does not agree to dismiss the employee on the specific date requested by the employee.” Are such actions of the employer lawful? At first glance, the answer suggests itself - “of course, yes”! However, judicial practice proves the opposite.

From the situation under consideration it follows that initially the employee asks to be fired specific date, and the employer, in fact, changes it. It turns out that the employee is fired on a different date than the one he requested. In this case, the employer does not obtain the employee’s consent to dismissal. new date. Agree, because in in this case the employer unilaterally changed the employee’s dismissal date, but at the same time he does not know the employee’s opinion - does he agree with the new dismissal date? A situation arises when the parties have not reached an agreement mutual agreement party about dismissal on a specific date, because the employee asks for some terms, and the employer insists on others! By agreement between the employee and the employer, the employment contract can be terminated before the expiration of the notice period for dismissal (Part 2 of Article 80 of the Labor Code of the Russian Federation). In this case, only the employee can initiate a reduction in the working period and he must indicate the date from which he would like to resign in the application. From the meaning specified standards It follows that early (before the expiration of a two-week period) termination of an employment contract at the initiative of the employee is possible if there is agreement on a different dismissal date specified in the employee’s application. The courts take the employee’s side, pointing out the following:

“If the employer does not agree to dismiss the employee from the date he indicated in the application, he does not have the right to dismiss the employee after total term warning - two weeks, since in this case the employee is not dismissed at his own request. Therefore, if the employee indicated a specific date of dismissal, the employer has the right to either agree with such a condition or refuse to dismiss from a specific date" (Appeal ruling of the Saratovsky regional court dated February 27, 2014 in case No. 33-661/2014).

If the employer and employee did not come to an agreement on dismissal on the specific date that the employee asked for (i.e., he still worked for two weeks), then the employee must write a new resignation letter of his own free will, on the basis of which, after the expiration of the two-week period warning, the employer has an obligation to terminate the employment contract (Decision of the Slobodsky District Court Kirov region dated 07/09/2015 in case No. 2-1104/2015).

If you decide not to rewrite the application, but the dismissal period is indicated with working off. What to do in such a situation, since the date of dismissal has actually been changed? Judicial practice shows that if the application has already been filed, and the date of dismissal is either not specified or determined taking into account two weeks, and the employee and the employer have agreed to dismiss before the two-week notice period (i.e., they decided to change it by their consent) , then such an agreement can be drawn up on the back of the application, outlining the essence of the agreement and verifying it with the signatures of the employee and the head of the organization.

pen

The examples discussed demonstrate possible options solutions to situations:

1. If the employer insists that the employee work for two weeks, ask the employee to rewrite the resignation letter (taking into account the two-week notice period for dismissal).

2. If the employer puts on the employee’s application the resolution “I do not object (agree), with two-week work“, then in this case, after the resolution, you must also receive a reverse resolution from the employee, where he expresses consent to the “agreed” new date of dismissal, different from the one indicated in the application.

And who has not encountered a situation where an employee writes two copies of an application, on one of which he asks for a visa stating that the application has been accepted (or asks for a copy of the application with a mark that it has been accepted for consideration)? One can imagine a situation where such a second copy remains in the employee’s hands, and the employer has a “rewritten” new application with a new date. TO this issue you have to approach carefully.

? The Labor Code does not regulate the procedure for canceling or amending a resignation letter at one's own request. The Labor Code of the Russian Federation does not stipulate that if there are several applications from an employee, the one submitted on a later date is considered legally valid.

So, if an employee first wrote a letter of resignation of his own free will with one date, and then brings to the employer a new letter of resignation with a different date (or without it), it is advisable to reflect all changes in writing. For example, an employee should indicate in a new resignation letter that his previously submitted application is considered withdrawn or cancelled. If the employer accepts a new application for dismissal from an employee, and no coordination with the employee is carried out on the previously submitted application, then a dispute may arise in the future regarding the actual date of dismissal. For example, in one legal dispute the dismissal was declared unlawful by the court on the grounds that the employer dismissed the employee earlier than the expiration of the two-week notice period. At the same time, the employee did not indicate a specific date of dismissal in his resignation letter. The employer dismissed the employee early based on the employee’s previously submitted application, which contained a request for dismissal on a specific date. However this statement the employer did not keep it, so the court took the employee’s side.

You can also simply destroy a previously submitted application for dismissal, but then the entire procedure for dismissing an employee must be carried out only in accordance with the new application.

There are cases when the employer first agrees to the proposed date of dismissal of the employee, and then for some reason (for example, he cannot find a replacement for the employee or the amount of work does not allow the employer to part with the employee) wants the employee to work for two weeks. . Can an employer unilaterally change the agreed date of dismissal, arguing that the notice period for dismissal must be at least two weeks? It seems that he cannot. Taking into account the above judicial practice, we can conclude that the courts are quite strict in their approach to the issue of agreeing on the date of dismissal. In this case, the courts require that the date be agreed upon by both the employee and the employer. Therefore, it seems that the agreed date of dismissal can be changed in the future only by agreement of the parties. For example, the issue is resolved in a similar way when terminating an employment contract by agreement of the parties (Article 78 of the Labor Code of the Russian Federation).

? Important! New in legislation! Very often, the reason for “early” termination of an employment contract without working time is a change of place of residence. Does it this basis significant for the employer?

As noted above, before expiration deadline notice of dismissal, the employment contract between the employee and the employer may be terminated at the initiative of the employee due to the impossibility of continuing his work (for example, in connection with enrollment in educational institution, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract. In this case, the employer is obliged to terminate the employment contract within the period specified in the employee’s application (Part 3 of Article 80 of the Labor Code of the Russian Federation).

Additional condition for terminating the employment contract on time, specified by the employee in the statement, contained in paragraph 7.2 of the Explanation of the State Committee for Labor of the USSR, the Secretariat of the All-Union Central Council of Trade Unions dated October 25, 1983 No. 8/22-31 “On some issues related to the application of legislation on strengthening labor discipline», approved by the Resolution State Labor Committee of the USSR, Secretariat of the All-Union Central Council of Trade Unions dated October 25, 1983 No. 240/22-31 (hereinafter referred to as the Explanation). According to this point, if dismissal is voluntary good reasons due to the inability for the employee to continue working due to the employee moving to another location, the employer terminates the employment contract within the period requested by the employee. This regulatory legal act lost force on the basis of clause 29 of Order of the Ministry of Labor of Russia dated December 29, 2016 No. 848. However, part 3 of Art. 80 of the Labor Code of the Russian Federation contains an open list of cases in which an employee cannot continue to work. In this regard, if an employee indicated in his resignation letter a move to another location as a reason for dismissal, the employer has the right to recognize the reason for dismissal as valid and terminate the employment contract within the period specified by the employee.

Wherein labor legislation the employee’s obligation to submit documents has not been established (and the list of documents itself has not been approved) confirming the change of residence associated with moving to another area.

When preparing the publication, materials from the ConsultantPlus system were used.

Literature

1. Internet source Slobodsky’s solution district court Kirov region dated 07/09/2015 in case No. 2-1104/2015