How to write a letter of resignation of your own free will. Dismissal of your own free will: terms and statement of resignation of your own free will

The current legislation allows any employee to terminate employment on his own initiative. At the same time, it is possible to issue a dismissal of one's own free will for any reason - because of career growth, a change in the direction of work, and other reasons. But whatever it is, the dismissal procedure, starting from the application and ending with the calculation, must be followed exactly.

The employee has the right to terminate the contract concluded between the employer and the employee. For this, the employee must write a statement.

If the document is drawn up correctly, then the director has no right to prohibit him from resigning, since labor relations are based on the principle of voluntariness.

Forced labor is prohibited in the country. Thus, the refusal to dismiss an employee violates the current labor legislation.

The only condition for dismissal, which is enshrined in law, is the need to notify about your desire no later than 2 weeks before the date of termination of the relationship. Therefore, the administration has the right to refuse to issue an immediate dismissal, since the warning period in this case is violated.

However, there are situations when an employee is not obliged to work out the established time - all these cases are stipulated by law. To use them, the employee, when submitting an application, must submit documents confirming this.

In what case is work done upon dismissal?

The Labor Code establishes that after the transfer of the application with the desire to quit, the employee needs to carry out his duties for another 14 days. This enables the employer to complete all the necessary documents and find a replacement.

If a fixed-term employment contract is concluded with an employee for a period of less than 2 months, then the working time is reduced to 3 days. For the management staff of the company (director, chief accountant, their deputies), working off should last 1 month.

Dismissal of one's own free will without working off in 2 weeks is allowed, but the decision on this must be made by the director himself. He can shorten its duration with his visa.

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Important! If the resigning person does not want to work, and after the application is submitted, does not go to work at all, he violates the provisions of the Labor Code. In this situation, the administration can apply such disciplinary action as.

In what case can you quit without working off?

The law sets out the cases when compulsory service is not required. But in this situation, you need to provide a supporting document.

These situations include:

• Transfer of a spouse to a place of work in another locality, city, etc. (a certificate call is provided);
• Admission to study at the full-time department (on the basis of an enrollment order);
• The employee's first retirement. This right is granted once. If a pensioner got a job again and quit again, this will have to be done on a general basis with two weeks' work;
• If the company's management violates the provisions of the Labor Code - does not pay wages on time, conditions at the workplace have worsened, etc.

Dismissal of their own free will on a probationary period

If a citizen is accepted with passing the test, then a simplified dismissal procedure also applies to him. This means that he must express his desire to end the employment relationship not in 14 days, as with a regular dismissal, but in just 3.

In addition, by agreement with the administration, the working period may be canceled altogether. However, it is necessary to obtain unequivocal consent, since such a failure to appear can be formalized as dismissal for absenteeism.

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Important! If the employee decided to quit, and the period of passing the test has already passed, then he will have to work out on general conditions for two weeks.

In the case when the employer is fired during the trial period on his own initiative due to low work results, there will be no need to work off at all.

Can I withdraw my letter of resignation?

The law establishes that during the term of service, the employee is entitled to withdraw the submitted application, and thereby change his mind about resigning. Thus, if this happened, then the employee must submit a new application to the manager, which would cancel the action of the previous one.

The law also establishes that if an employee, after the date of dismissal, still continues to perform his duties, then the employment agreement with him will be considered valid, and the dismissal did not occur.

It is also not uncommon for an employee to decide to go on vacation first, and only then quit. Then it will be possible to apply for the cancellation of your previous application for dismissal only before the start of the vacation period.

This limitation is imposed by the fact that despite the fact that the actual date of dismissal will be the last day of rest, by this time all documents have already been drawn up, and the calculation has been paid.

Thus, due to the employee's right to cancel his application, all necessary documents for dismissal are best prepared on the final day of work.

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Important! The withdrawal of the application may be refused. This will happen if a new employee has already been invited to the place of the quitting employee, and this has been done by transfer from another employer.

Is it possible to quit during sick leave

An employee has the right to issue a letter of resignation of his own free will, even if he has a sick leave at this time. It should be remembered that the time of illness does not extend the period of compulsory work.

If the day of dismissal came, and the employee did not appear in his place, then the employer must still dismiss him within this period. It will be possible to move the date of dismissal only with the written consent of the employee.

The sick leave, which the former employee received as a result of his illness, the company is obliged to pay, even if the dismissal procedure has already taken place. This must be done within 10 days from the fact of presentation of the sheet to the person in charge.

If an employee leaves sick leave, and the working period has not yet ended, he is obliged to work until it ends on a general basis.

Important! The requirement from the administration to work off the days of illness that occurred during the detention is illegal.

Is it possible to quit during a business trip

The law also does not prohibit the transfer of an application during the period of stay in. And the administration cannot refuse to dismiss if the document is drawn up correctly and contains all the necessary details.

The dismissal procedure takes place in the same order as a simple dismissal. This is due to the fact that the employee fully retains his workplace during the trip.

It is best to send the application by registered mail in paper form. To submit it via e-mail, you must have an electronic signature.

After the employee returns from a business trip, and if the working period has already ended, he needs to receive all payments intended for him and a work book.

If, due to dismissal, the employee was recalled from a business trip, then he must hand over all travel funds for the unworked days. Or, this money can be withheld from the allowance.

The procedure for registration of dismissal at the initiative of an employee in 2019

Step 1. Writing a statement by the employee

When an employee decides to end the relationship with his employer and begin dismissal of his own free will, he needs to express his desire by drawing up a statement. If you can write both in advance at home and at work. For this, a standard sheet of paper is used.

In the column that contains information about the reason for terminating the agreement, it is necessary to write: "On the initiative of the employee, paragraph 3 of part 1 of article 77 of the Labor Code of the Russian Federation."

In the column about the document on the basis of which the order is drawn up, you need to indicate information about the employee's application - the date, the number of his entry in the book of incoming correspondence.

The issued order must be registered in the order log, and then handed over to the head for signing.

Step 3. Familiarization of the employee with the issued order

After the personnel officer has completely drawn up the order of dismissal, it must be handed over to the employee. The latter carefully familiarizes himself with the content of this document, after which he puts a personal signature.

If a situation arises that the employee refuses to read the order, or for some reason cannot do it, then it is necessary to collect a commission and make an act about it. A note is made to the column intended for signature about the execution of this document.

The employee has the right to submit a written request to hand over a copy of the order, and the administration cannot deny him this.

Step 4. Indication of information about the dismissal in the personal card

When a new employee gets a job in a company, they open for him. This document indicates not only information about him, but also information about the performance of his work duties. Goskomstat has developed two forms of this document: T-2 should be used by commercial companies, and T-2GS (MS) - state or municipal.

In 2013, it was allowed not to use standard forms, but to create their own, which will take into account the peculiarities of the company's work. However, such documents must necessarily contain the required details.

To indicate information about dismissal, you must apply the section "Grounds for termination of an employment contract." Here you need to write down the date of dismissal, its reason and information about the document with which the termination of the agreement is drawn up. After all the data has been recorded, the personnel officer checks them again for the correctness of the entry, after which he confirms with his signature.

Attention! It is imperative that the information on the dismissal card be shown to the employee. He acquaints himself with it and must also confirm the acquaintance with a signature. When an employee refuses to sign a document, you need to write an act about this event and attach it to the card.

Step 5. How to make an entry in the work book about dismissal

The Ministry of Labor determines the correctness of the entry into the employee's dismissal record.

If the dismissal is made of their own free will, then the following entry must be made in the document: "The employment contract was terminated on the initiative of the employee, paragraph 3 of Article 77 of the Labor Code of the Russian Federation." The deadline must be entered only on the basis of the issued order of dismissal, information about which is also affixed to the labor.

Important! The grounds for dismissal should be precisely Art. 77 of the Labor Code of the Russian Federation. Mention of Art. 80 is a blunder!

The entry made must be certified by the signature of an authorized person or the head of the company. It is no longer necessary to affix a stamp.

After all the information is indicated, the employee must read it and endorse it with a signature.

An example of making an entry into a labor:

1	2			3	4
				Limited Liability Company "Astra" (LLC "Astra")
7	20	06	2011	Admitted to the packing department as a foreman	Order of 20.06.2011 No. 38-L
8	06	02	2018	The employment contract was terminated at the initiative of the employee, paragraph 3 of Article 77 of the Labor Code of the Russian Federation	Order dated 06.02.2018 No. 6-L
				HR specialist Zhemchuzhnaya M.I.
				Acquainted with: G. I. Strakhova

If the responsible employee made a mistake when drawing up the record, or made an incorrect wording, then he will be liable in the form of a monetary fine to the resigning person - he will need to pay the average earnings for the days when the citizen was deprived of the opportunity to work because of this blot.

Step 6. Drawing up a note-calculation for dismissal

There are two parts to this form. The personnel officer enters information on the front side - there are indicated personal data about the employee, place and work experience, the number of days of unclaimed leave, and so on.

On the reverse side, the accountant-calculator puts down the data - here the salary for the month, the amount of taxes, and the total final payment on hand are determined.

Step 7. Give the employee the calculation

On the final day at work, the employee must get his hands on all the funds accrued to him.

These payments include:

• Salary for the month of dismissal;
• Allowance or compensation, if they were fixed by labor either.

Sometimes a situation may arise that a quitting employee is not at work on his day of dismissal, and therefore cannot receive payments. This can happen, for example, due to illness, or leaving on a business trip.

In this situation, the money remains in the company, and must be issued on the day following which he announced his desire to receive payment. If the payment of salaries in the company is made to bank cards, then the payment day can be transferred to the next banking day.

If there is dissatisfaction between the parties about the size of the payment, then on the day specified by law, only the part on which there is no disagreement is transferred. For the rest, negotiations are underway, or court proceedings are initiated.

Attention! If, before leaving the job, the employee decides to go on vacation, then the payment for unclaimed vacation may not be charged to him.

Step 8. Transferring documents related to the former job to the employee

After the termination of the employment agreement has been completed, the employee must also hand over the following documents:

• Employment history. This document, after the record of dismissal of his own free will has been made, must be handed over to the employee on his final day at work. To confirm this fact, the employee puts a personal signature in a special journal of the movement of labor. If on the final day it was not possible to hand over the document - for example, the employee fell ill, or refuses to take the document, then a special notification must be sent to his postal address. It must contain an invitation to come to receive the book at the enterprise in person, or agree to send it by mail. As soon as the personnel officer sent such a letter, he is relieved of all responsibility for the failure to hand over the book on time.
• , which the employee received in the organization for the last 2 years. The form of this document was established by the Ministry of Labor.
• A document on the amount of assessed contributions to the funds, as well as on those transferred. For this document, a form is used that was developed by the PF.
• Copies of the requested documents certified in accordance with the established procedure. These can be extracts from orders, for the issuance of which the employee must send a written request. The employer is not entitled to refuse to issue them.
• for each month of work in the company. This form has been in effect since 2017. If the certificates were not issued, then a fine of 50 thousand rubles may be imposed on the organization.

Step 9. Sending a notification to the military registration and enlistment office (if necessary)

If the employee who wanted to quit was liable for military service, then his former employer must send a notification of this event to the local military registration and enlistment office within two weeks. The form for such a message is strictly established by the instructions for the implementation of military registration in organizations.

Dismissal initiated by the employer - a process strictly regulated by law, any violation of which gives the dismissed person the right to go to court and demand reinstatement at work. Note that about 80% of such cases are resolved in favor of the employee - because of the violation by the employer of the provisions of the Labor Code of the Russian Federation. This article considers step by step all the procedures for dismissal at the initiative of the employer under the Labor Code of the Russian Federation.

When, according to the Labor Code of the Russian Federation, dismissal is possible at the initiative of the employer

All provided cases can be divided into 2 groups:

• when the employee himself is to blame for his dismissal;
• when there is no direct fault of the employee in the dismissal (for example, in the case of reorganization at the enterprise).

The Labor Code of the Russian Federation offers an exhaustive list of grounds on which an employee can be dismissed by the administration. The employer cannot himself formulate, include in the contract with the employee and apply for dismissal reasons other than those listed in the Labor Code of the Russian Federation. Therefore, the process of dismissal at the initiative of the employer should begin with the correct choice of the basis - in strict accordance with the Labor Code of the Russian Federation.

When the employee is to blame

Dismissal of an employee at the initiative of the employer with the fault of the employee himself, the Labor Code of the Russian Federation is allowed in the following cases:

1. Explicit disregard by the employee of his labor duties (clauses 5, 6, article 81 of the Labor Code of the Russian Federation). Violations by an employee of internal discipline can be either gross, because of which you can fire him at a time, or lasting, repeated - then you can be fired for a second violation. The decision to dismiss should be made only if there is sufficient evidence of the employee's misconduct and if he does not have valid reasons.
2. When an employee has lost the trust of an employer. Summarizing the provisions of Art. 81 of the Labor Code of the Russian Federation, it can be considered that an employee loses confidence when, as a result of his actions, either damage is caused to the organization, or a situation has arisen where the risk of damage has significantly increased. To comply procedure for dismissal at the initiative of the employer if the employee loses confidence, facts should be collected that indicate the damage caused by the employee. These can be the results of inspections by regulatory authorities, data from inventories and other internal control activities, complaints from buyers and customers.

Important! Dismissal due to the fault of the employee is considered as a variant of disciplinary action, and such cases are additionally regulated by Art. 192, 193 of the Labor Code of the Russian Federation. The employer should obtain written explanations from the employee regarding the facts of disciplinary violations. If the employee refuses, a special document (act) must be drawn up confirming the refusal.

When the dismissal is not the employee's fault

1. When the employer is liquidated (ceases to operate).

All employees are dismissed, and the Labor Code of the Russian Federation provides for a procedure for advance notice and compensation from the employer.

1. When an employer is cutting the staff of an organization.

Art. 179, 261 of the Labor Code of the Russian Federation established preferences for certain categories of workers. So, all other things being equal, you should leave at work:

• persons who are provided with additional social protection and support by law;
• persons who are the only breadwinners of the family, if there are those who are protected by law.

Important! To carry out the procedure dismissals initiated by the employer correctly (in accordance with clause 2 of article 81 of the Labor Code of the Russian Federation), the employer must inform the local employment service and the trade union of the organization about upcoming dismissals (article 82 of the Labor Code of the Russian Federation). The terms and forms of such notifications are established by the decree of the Council of Ministers - the Government of the Russian Federation dated 05.02.1993 No. 99. It is also necessary to notify the employee (employees).

1. When an employee does not fit the position.

Inconsistency with the position held can only be determined by the results of certification (clause 3 of article 81 of the Labor Code of the Russian Federation). Such certification must meet certain requirements. For this, the organization must have internal regulations on the procedure.

Important! Dismissal based on the results of certification and dismissal for redundancy are allowed if the possibility of transferring an employee to another job in this organization is excluded (part 2 of article 81 of the Labor Code of the Russian Federation).

1. When the owner of the organization changes.

The new owner of the company has 3 months to dismiss the management team appointed by his predecessor. These can be: the head, his deputies and the chief accountant (Article 75 of the Labor Code of the Russian Federation). It is impossible to fire other employees of the organization on this basis.

Important! Dismissal of an employee if he is on sick leave or on vacation is not allowed. This rule is enshrined in part 2 of Art. 81 of the Labor Code of the Russian Federation.

How to formalize the dismissal of an employee

So, the grounds for dismissal have been determined and the decision to dismiss has been made. Now it is necessary to correctly draw up the documents and make with the employee all the calculations provided for by the Labor Code of the Russian Federation.

Dismissal order

Signed by the head of the organization. In the order, the employer indicates the exact wording of the grounds for dismissal (as formulated in the Labor Code of the Russian Federation) and a link to the corresponding article.

If the employee was a financially responsible person, then a document on the settlement of material claims must be attached to the order of his dismissal.

If notification of the trade union was required, then the opinion (agreement) of the trade union on this dismissal is attached to the order.

The employee reads the order personally and confirms it with his signature. If the employee, for some reason, cannot (or does not want) to personally sign the order, then the document can be sent to him in a way that allows him to confirm the actual receipt (for example, by mail with acknowledgment of receipt).

Records in accounting registers

They are made on the basis of a dismissal order. If the organization does not apply unified forms of documents approved by Goskomstat, then the relevant information is entered into similar HR registers (work files, accounting software, etc.)

Employment history

The resignation record is made on the basis of the order. The wording must exactly match the wording in the order and contain a link to the article of the Labor Code of the Russian Federation, which serves as the basis for dismissal.

The employee must receive a work book on the day he is dismissed (Article 140 of the Labor Code of the Russian Federation).

If it was not possible to issue a work book on his last day at work, then you need to send the employee a written notice of the need to receive a book or take from him a written consent to send the work book by mail.

In addition, you can read about the registration of work books in the materials:

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Settlement with an employee

Produced on the day of dismissal. If there was no employee on the day of dismissal, then it must be calculated the next day after his request to do so.

If the employee has claims to the amount of payments (for example, he believes that he owes more), then on the day of settlement it is necessary to pay him the entire uncontested amount.

The dismissed employee is paid:

1. Salary for the period up to the day of dismissal, taking into account all allowances, surcharges and bonuses.
2. Compensation for unused vacation. In accordance with Art. 127 of the Labor Code of the Russian Federation, compensation is calculated for all periods in which the vacation was not used, including previous years.

Important! It is allowed to provide the employee with paid leave instead of compensation. This is done upon written application in cases of dismissal during reorganization.

1. Severance pay under Art. 178 of the Labor Code of the Russian Federation are calculated based on the grounds for dismissal from Art. 81 of the Labor Code of the Russian Federation. According to Art. 181 of the Labor Code of the Russian Federation, severance pay is paid to management dismissed when the owner changes.
2. Other payments upon dismissal, including those stipulated by the employment contract.

Important! If a dismissed employee is reinstated at work by the court, then this always means that the employer has violated the provisions of the Labor Code of the Russian Federation. As a result, negative consequences arise:

• Financial - for the time elapsed between dismissal and the issuance of a court decision, you will have to pay the employee who won the court wages, additionally calculate and pay taxes and insurance premiums from it.
• Administrative - according to the norms of Art. 5.27 of the Administrative Code of the Russian Federation. For non-compliance with the requirements of the Labor Code of the Russian Federation, both the organization and the manager will pay fines. If violations were committed more than once, the management of the organization may be disqualified.

Outcomes

To avoid negative consequences for the organization and its management dismissal of an employee at the initiative of the employer must be carried out strictly on the grounds set forth in the Labor Code of the Russian Federation, and strictly in the manner regulated by it.

The dismissal procedure is regulated Labor Code of the Russian Federation... The main act of labor legislation contains a list of articles that describe the grounds for dismissing a person. In the process, it is important to take into account various nuances: from the correct paperwork to psychological aspects.

Stages (procedure) of dismissal

The termination procedure consists of a number of steps. In order for this process to proceed in compliance with all the requirements of labor legislation, it is important to take into account each of them.

In the process of dismissal, you must go through the following stages:

• acceptance and registration of the application;
• publication and registration of the corresponding order;
• familiarization of the resigning person with this document;
• registration of a note-calculation;
• making a full payment with the resigning person;
• a record of the fact of dismissal in the company's accounting documents;
• receipt by an employee of a work book with a corresponding mark (confirmed by the employee's own signature);
• the employee receives a salary certificate (sometimes this step is initiated by the employer, but more often a certificate is issued at the request of a resigned employee).

Dismissal of your own free will. Writing a statement

The easiest way to get fired. Implies serving statements an employee independently. The employer, seeing that his subordinates are not fulfilling their duties, can push him to write a letter of resignation. An employee in this situation receives a good recommendation for further employment.

Dismissal of your own free will- the best option. This process takes place quickly and without mutual discontent. The employee writes the application and the employer provides a good recommendation. Download an example of such a statement

It is necessary to dismiss an employee as delicately as possible, without unleashing conflicts on both sides!

In case of refusal to write a statement of his own free will, you can use other approaches, but in no case should threats be allowed. This will make it difficult for the employee to leave and add problems to the employer.

The employer can do the following:

• Collect a dossier on an employee (complaints from other subordinates, dissatisfaction from customers, memoranda, etc.).
• Create unfavorable conditions at the workplace (transfer part of the work to other employees, deprive of bonuses and higher wages, prevent movement up the career ladder, etc.).

An employee may react ambiguously to this state of affairs. After collecting the dossier, the employer calls the employee for a conversation. In the process of communication, the employer explains to his subordinate that there are facts that indicate unfair work, and it is better to leave on their own than in violation of one of the articles of the labor law. The employee usually agrees to write the statement.

By watching this video, you will learn the correct procedure for dismissal of your own free will. What legislative subtleties does the employer rely on when using this form of suspension from the workplace, and why should the employee still write a statement.

Dismissal of an employee by agreement of the parties

Dismissal by agreement of the parties- one of the best ways to leave the workplace. The employer, after preliminary negotiations with his subordinate, can fire him at any time, even in cases where the employee is not currently at work due to vacation.

Download an example of an application for such a dismissal option

One of the parties, which initiates, sends to another person a written or oral proposal for the purpose of discussing the issue. After negotiations and reaching an agreement of both parties on the termination of joint work, an agreement is drawn up.

It is best to draw up it in writing, indicating the date, reasons for leaving the post, as well as the conditions that the employer undertakes to comply with. This form of the document guarantees the legality of the actions of the resigning person and the employer. After signing by both parties, a corresponding order is issued and the contract is terminated. Cancellation of the agreement is possible only as a result of the consent of both parties.

With this form, the resigning person receives its advantages:

• A link to the Labor Code in the entry, which is drawn up in the labor code.
• The resigning person is guaranteed payments.

Compensation for a dismissed employee is paid in the amount specified in the contract. If the agreement does not say anything about the financial component, the payment will be equal to the amount established in the Labor Code. The compensation paid guarantees the employer that the agreement will not be canceled. Learn more about how to calculate your compensation.

In the event of an employee's disability, the employer may have the right to terminate the contract by mutual agreement.

By watching the video, you will learn how the dismissal procedure is carried out on the basis of mutual consent, what the employer relies on when deciding to dismiss the employee, how the situation is resolved peacefully and what the resigned person can claim.

Dismissal without the desire of the employee

As a result of economic losses, many enterprises seek to reduce their staff. Naturally, employees usually do not agree with this state of affairs and are reluctant to leave their place. In addition, dismissal can be the result of absenteeism, failure of certification, etc.

Dismissal for inadequacy of the position

Sometimes an employee is fired because of his inconsistency with the position... Removal from the workplace by passing appraisals... This state of affairs exists only in those firms and enterprises where there is a special document "Regulation on Attestation", with which all employees must be familiarized, and everyone signed, confirming their acquaintance.

Knowledge assessment is carried out by a special commission. Only professionals in their field should be members of the community of assessors, the leader is not required to be present.

The results of the person being certified are documented in a separate order.

After passing the certification and receiving an unsatisfactory mark, the manager gives the employee a second attempt to retake the examination questions. In case of repeated failure, the employer has the right to demote his employee. In most cases, the employee disagrees with this and quits.

Removal from office is not possible if the certification has not been announced in advance.

Refusal of the given position is documented, and only after that the manager has the right to dismiss under the article in accordance with the Labor Code. The employer must be wary of dismissal, have a general idea of ​​the work of employees, take into account their positive qualities.

Dismissal for truancy

According to the Labor Code, the basis for removal from office may be a violation of labor discipline, including absenteeism. Release from the workplace is allowed if the employee is absent for 4 hours without a valid reason and an explanatory note.

As practice shows, the offender is not always dismissed immediately, most often the employee receives a warning, and then a reprimand with entry into a personal file. If absenteeism is repeated, the employee is fired. The release from the workplace is supported by several documents and facts: remarks, memos, complaints. The employee is dismissed within one month from the day of the misconduct.

Dismissal due to layoff

Dismissal on the basis of staff reductions is a rather time-consuming and very costly process. The employer is obliged, according to labor law, to pay compensation to the dismissed. The reduction occurs massively, taking into account the benefits of the enterprise.

The reduction of those employees who are dismissed must be notified two months before the actual dismissal. The employer has the right to offer the employee another type of employment or a change in working conditions:

• another workplace;
• reduction of working hours in the previous position.

If an employee is not satisfied with the conditions, he is laid off. In addition to wages, the employee receives from the enterprise a severance pay stipulated by law and compensation. For the organization, this is a huge financial cost, so the employer is looking for compromise conditions for himself and the employee.

Severance pay is paid on the last day of his tenure. It is 3 times the average monthly salary of an employee. If an employee contacts the employment center and cannot find a job, the employer will be forced to pay the former employee a monthly allowance. The amount of payments is equal to the size of his average salary for the last 2 months.

An employer cannot dismiss the following categories of citizens as a result of staff reductions:

• expectant mothers;
• mothers raising children without a father;
• women who have at least one child under the age of 3 years;
• employees on vacation or on sick leave.

Dismissal as a result of liquidation of an enterprise

When a company is liquidated, all employees, without exception, are removed from their posts. You need to notify the company about the termination of work 2 months in advance.

The employer draws up a written notice in duplicate, signed by both parties, one of which is with him, and the other is given to the employee. After 2 months, the employer issues a corresponding order and draws up the necessary records to the employees in the labor.

Upon dismissal on this basis, compensation is paid to all those dismissed. Its amount is determined as the amount of the severance pay, plus any payments due.

Dismissal on probation

An employee who passes the probationary period may be released from the workplace on his own initiative, as well as in case of unsatisfactory results, poor performance of duties or other faults.

The employer draws up the relevant document and submits to the dismissed person for signature. Even if he does not sign, the order is still issued, and the employee is dismissed. After such a procedure, he is given a labor document and a document with an account, which indicates the amount of salary.

An employee, while on probation, can resign on his own initiative. He must notify the employer of his decision in advance. The order is drawn up on the basis of an application from the resigning person. The employer enters a mark in the labor document and issues a calculation.

Many enterprises provide for working off. When dismissed from office on this basis, they are 3 days, and the countdown starts from the date of submission of the application. At the request of the employer, working off may not take place.

Dismissal as a result of not passing the probationary period

If the employee did not cope with his direct responsibilities during the probationary period, the employer has the right to dismiss him from office. The employee is sent a written document terminating the agreement. After that, a corresponding order is issued, a note is made in the labor code, the accounting department makes the payments provided for by the Labor Code.

Dismissal of an employee who is missing

Dismissal from the workplace on this basis is not carried out immediately. First, a document is drawn up stating that the employee did not appear at the workplace, and search activities begin. Calls are made to relatives and friends, notifications are sent to the addresses indicated in the personal file.

If these actions were unsuccessful, another person is assigned to the position of the missing employee. The employer draws up an employment agreement with the substitute employee. Such an agreement is terminated when the main employee appears at the workplace.

Only a court can recognize a person as missing. Only in this case the agreement is terminated with him. Recording in labor, the corresponding order can be issued with a few months or even years after the date of disappearance.

The payroll and salary are received by the relatives of the missing person. To do this, they just need to provide documents that confirm their relationship with this person.

Documents issued upon removal from office

The employer, after termination of the employment agreement with his employee, is obliged to issue him the following documentation:

• work book with appropriate marks (see also:);
• 2-NDFL;
• certificate of average earnings for the last 3 months.

How to correctly say about dismissal. Psychological help

It is not always possible to dismiss an employee from the workplace without consequences. Important tactfully explain to the employee that the firm or enterprise no longer needs his services.

Firing starts with explaining to the employee the reasons for his dismissal... Here we can say that he creates a bad atmosphere and does not fulfill his official duties. It is important that the employee understands that they are being fired for a reason, but for certain reasons. You can also try negotiation environment, the manager and the employee sit down at a round table and discuss the current situation.

The employer is obliged to inform the employee that there will be another conversation with him a few days before his dismissal. It is necessary to warn the employee in order for him to collect his thoughts and calm down. The employer can inform the employee about his removal from office at the interview, discuss the problems that his firm could not solve and what exactly needs to be done to change this state of affairs.

An unexpected termination of employment is stressful for a person. New tasks arise: finding a job and a livelihood. Important calmly and delicately tell the dismissed the unpleasant news.

Before you fire an employee, read the basic provisions of the Labor Code. In any situation, you need to try to come to an agreement. All controversial issues between the dismissed and employers are resolved in court.

A letter of resignation of one's own free will is an important personnel document. Should you write it when you've decided to quit but don't want to work for two weeks? Or, on the contrary, have already informed the management of their decision, but changed their minds to quit? How to write a letter of resignation of your own free will? Let's talk about the intricacies of terminating an employment contract at the initiative of an employee.

The following situation prompted the writing of the article: recently, one boss forced her employee to write a letter of her own free will for dismissal. Moreover, in this situation, it was not necessary to work out for two weeks. Under the threat of dismissal under the article, this employee wrote the required paper, but, on reflection, decided not to give up so easily. Before withdrawing the letter of resignation, she decided to carefully study the theory and figure out how to correctly write a letter of dismissal of her own free will and how to fight for her rights if, in fact, the employee did not have the initiative to terminate the employment contract. So, let's start in order, and at the end of the article we can download a sample letter of resignation of our own free will.

What and how to write in the application

How to write a letter of resignation of their own free will worries many. This document is very simple in design - it is written in free form, but there are obligatory details:

• indicate the addressee in the upper right corner - usually the general director of the organization;
• write who is the author of the appeal (inform not only the surname, name, patronymic, but also the position);
• in the center - title: letter of resignation of his own free will;
• further - the basis, the actual text of the request (you can specify the article number Labor Code of the Russian Federation, you can do without it);
• in the lower right corner, sign, decrypt and date.

The main wording of the statement, which is used - "Please dismiss me of my own free will." Below is the application form for dismissal:

This example of a letter of resignation of your own free will can be downloaded at the end of the article and used by adding your details.

In order to simplify paperwork, you can prepare a sample for employees on how to correctly write a letter of resignation of their own free will, or create a folder on the corporate server containing a set of HR documentation samples, which will include not only such a document, but also a letter of resignation by agreement of the parties. Then employees will not have to rack their brains and compose documents on their own.

Dismissal letter on probation

A probationary period is often set for a new employee so that both he and the employer have the opportunity to evaluate the decision made and understand whether they are satisfactory to each other. About who can be tested and who can not, says Art. 70 of the Labor Code of the Russian Federation... In the context of our article, I would like to note only one, but an important circumstance: the application for dismissal on a probationary period (in case of termination of labor relations at the initiative of the employee) is submitted not two weeks, but only three days before the termination of the contract.

The passage of time begins on the next day after the receipt of the application or warning by the employer.

Do I need to work two weeks

The answer to the question of how many days before the dismissal you have to write a statement is very important. The Labor Code of the Russian Federation says that an employee who decides to terminate an employment contract on his own initiative must notify the employer about the termination of labor relations no later than 2 weeks in advance (part 3 of article 80 of the Labor Code of the Russian Federation). This period begins on the day following the day when the employer received a letter of resignation from the employee.

When asked whether it is necessary to comply with the warning period or not, and therefore, to work off 2 weeks upon dismissal, the Labor Code of the Russian Federation answers:

By agreement between the employee and the employer, the employment contract may be terminated even before the expiry of the notice of dismissal.

That is, an agreement between the parties is required to shorten the warning period. And for this you can write a statement with the following content:

There are situations when such consent is not required and the employee has the right to terminate the employment relationship within the period specified in his application:

• enrollment in an educational institution;
• retirement;
• changing of the living place;
• caring for a disabled person of the 1st group;
• violation of labor legislation by the employer.

In all these situations, the employer is obliged to terminate the employment contract within the period specified by the employee in the application. In this case, a letter of resignation without working off is written, which indicates all valid reasons for this.

Dismissal and vacation

The employee has the right (not the fact that this right will be exercised by the employer) before quitting to go on paid leave. V article 127 of the Labor Code of the Russian Federation it is said that the employer can provide leave at the request of the employee before he leaves. The legislation does not clearly regulate this issue, so an employee can write either one or two statements (meaning for dismissal and for the upcoming vacation).

How is the letter of resignation written with the provision of annual paid leave before this? In this case, there are no unequivocal recommendations, be guided by the document flow procedure that is adopted in your organization. The text of the statement may sound like this:

I would like to ask you to grant me an annual paid leave followed by dismissal.

Regardless of the number of applications, the day of termination of the contract, if the employer nevertheless decides to grant this vacation request, will be the last day of paid rest. If the employer does not want to let the employee go on vacation, he will be obliged to pay monetary compensation for all unused vacation days.

How to write a letter of resignation of your own free will demanding the payment of such compensation? In principle, this is not required, because this payment, like all others, the employer is obliged to make on his own, without additional reminders and statements. However, if you want to be on the safe side, read about how to do it in our article.

You can think of quitting while on vacation - in this case, you can also write an application and send it by mail. Then the vacation days can be included in the two-week working period. However, the countdown of this period will begin when the employer receives the letter (which means it is better to send a letter with a notification in order to know this deadline and prevent accidental absenteeism).

How to quit while on sick leave

This can be done in the same way as in the case described above (during vacation) - it is enough to send the application by mail. Termination of the contract during sick leave is possible only at the request of the employee ( Art. 81 of the Labor Code of the Russian Federation).

Full settlement and issuance of documents

The company is obliged to pay all compensation, vacation pay and wages to the employee on the last day of his work. If, on the day of termination of the contract, the employer has not made a full calculation, he is obliged to compensate the leaving employee for his mistake in the amount of at least 1/150 of the key rate of the Central Bank in force at that time from the amounts not paid on time for each day of delay, starting from the next day after the established period payments and on the day of actual calculation and issuance of a completed work book inclusive.

If, before terminating the contract, the employee first goes on vacation, then the calculation and issuance of all documents must be made before the vacation.

If the employer delays documents

If for some reason the work book is not given to you, this is a serious violation of the law. According to the rule specified in article 234 of the Labor Code of the Russian Federation, in the event of a delay in issuing a work book on the day of dismissal due to the fault of the employer, he must compensate the employee for material damage in the form of unearned earnings for the entire period of the delay, if the absence of a work book prevented the employee from finding a new job. Moreover, in this case, the day of termination of the contract will not be considered the day indicated in the application, labor or order, but the day of the actual issuance of the labor book (clause 35 Resolutions of the Government of the Russian Federation of April 16, 2003 No. 225"On work books").

As stated in this case, the Labor Code, termination of an employment contract in such a situation is formalized by an additional order, and an entry is made in the work book. The previously made entry on the day of dismissal is invalidated. In order to perform all these actions, you need to contact the former employer with a written request to issue you a delayed work book, compensation for lost earnings and to change the corresponding entry in it as of the date of the actual issuance of the document.

If the employer refuses to voluntarily fulfill your requirements, you need to go to court. But remember that this can only be done within a month from the day you were fired ( Art. 392 of the Labor Code of the Russian Federation). If a month has already passed, then it is better that the delay has good reasons. And although the court does not have the right to refuse to accept the claim on grounds of missing the time limit, but if the defendant, that is, the employer, declares this, the court can be lost (unless the court decides to restore the statute of limitations). So keep track of the time or stock up on good reasons.

The employer's liability for keeping a former employee's work book at work is excluded if two conditions are met:

1. The employee did not appear for her on the day of settlement (the last working day).
2. The employer sent a notification to the employee about the need to appear for a work book or to agree to send it by mail.

Is it possible to change your mind and withdraw the application

Within two weeks of working off, the employee's decision to leave of his own free will can be canceled. After all, he has the right to withdraw his request for dismissal (Article 80 of the Labor Code of the Russian Federation). If before that the employee goes on vacation, he can revoke the document before the day the vacation starts. A sample letter of withdrawal of a letter of resignation might look, for example, like this:

And if another employee has not yet been invited to this place, who, in accordance with the law, cannot be denied the conclusion of a contract, nothing can prevent the employee from returning.

The Labor Code of the Russian Federation stipulates that another employee must be invited in writing. That is, an unfounded statement by the employer "And I already took another one, because you were fired of your own free will" will not work here. There must be written evidence.

In order to withdraw the first statement, you need to write the second. If the employer refuses you, demand from him a written refusal indicating the reasons.

If you were forced to write a "letter of resignation of your own free will" and you do not enter into negotiations, in this case the next stage is filing a claim with the court. If you are not the only one in the organization, with a forced resignation "on your own", invite all the "offended" as witnesses. Now the courts in such disputes between employees and employers most often take the side of the former. And if the court is won, the loser will be obliged to reinstate you at work and pay salaries for the entire time that this issue was being resolved.

We continue to work

But, let's say, two weeks have passed, you decided to cancel your dismissal from work, and your bosses are in no hurry with the calculation and return of documents. The Labor Code of the Russian Federation provides that if after two weeks the employment contract is not terminated and the employee does not insist, then the statement “of his own free will” loses legal force and the employee is not considered dismissed.

End of story

How did the story end with which we began the article? As expected, the employee was not allowed to pick up the application, and they did not provide evidence of inviting another employee. Knowing how to write a letter of resignation of her own free will (a sample at the end of the article), and how events would develop, she recorded the entire conversation with her boss on a dictaphone, where a phrase was found proving that the paper was written under pressure. Now this employee is filing a lawsuit and has already found witnesses, who were also forced to leave the organization under pressure. With such evidence, she has every chance of winning this case.

We hope the article answered the question of how to write a letter of resignation without errors. The template for this document will help you avoid mistakes in writing, as well as in the sequence of actions.

The state, acting in front of citizens as a guarantor of the protection of their rights, does not betray itself in the segment of labor relations. The legislation is carefully thought out, and does not allow unjustified dismissals of employees by employers. Representatives of the judicial system often take the side of workers when the question concerns the decision to dismiss, taken by the head "on the brink" of compliance with the law.

If an employee is dismissed at the initiative of the employer, a great responsibility falls on the manager. Violations of legal norms, due dates and payments can provoke a situation in which the judicial authorities will not only return the employee to the service forcibly, but also impose a heavy fine on the organization.

To avoid such consequences, one should study labor legislation in terms of the rules and procedures for dismissing employees, as well as take into account the exceptions for certain categories of citizens.

The main document governing all aspects of dismissal of workers is the Labor Code.

Foundations

The list of all opportunities for employers in terms of dismissal of employees is indicated in Article 77.

It is allowed to fire an employee:

• with his consent and on his personal initiative;
• having come to a general agreement between the employee and his management;
• at the moment when the term of the contract between the parties expires;
• under changed circumstances and working conditions, on the basis of which the employee does not want to continue the employment relationship;
• by decision of the management of the enterprise.

Unlike the termination of contractual relations at the request of the employee, if the initiative comes from the employer, then the legal restrictions come into force ( Labor Code of the Russian Federation article 81).

Causes

The management of the company may terminate the employment contract with the employee in the event of:

• if the enterprise is liquidated and stopped working, or its owner has changed;
• making an informed decision on the need to cut staff;
• if the employee's work does not meet standards (insufficient qualifications, immoral behavior, refusal to perform official duties, violation of labor discipline or safety standards);
• if the state of health of the employee, confirmed by a document from the medical institution, does not allow to continue working (this option is only permissible if the company does not have a suitable position to replace, or the employee refuses a new place);
• a proven offense committed by an employee against the interests of the company (theft, embezzlement, embezzlement, intentional harm caused to employees or property, violation of information security standards);
• concealment of information regarding the existence of a conflict of interest, one of the parties to which is the employee;
• if the employee, when applying for a job, resorted to deception by presenting false documents.

By introducing into legislation the need for a reason for dismissing an employee, the state protects citizens from possible discrimination and subjective assessments on the part of the management. Any reason must be documented.

What not to do

The law prohibits a number of actions when employees are dismissed at the initiative of management.

These include:

• the inability to fire an employee at the time of illness, confirmed by a certificate of incapacity for work;
• inadmissibility of dismissal during any kind of vacation;
• restrictions on the dismissal of certain categories of citizens.

In order to be able to fire an employee in the general order, you need to make sure that he does not belong to the exclusive category.

On a general basis, employees cannot be dismissed if they are:

• minors;
• pregnant women;
• single mothers with children under 14;
• citizens caring for people under the age of three;
• citizens caring for a disabled child who has not reached the age of majority.

This does not mean that these workers cannot be fired at all. For the termination of contracts with exclusive categories, which are under the special protection of the state, there are separately agreed conditions and rules.

Dismissal procedure

The provisions of the Labor Code oblige the employer to formalize the dismissal in the prescribed manner (Labor Code of the Russian Federation, art. 84.1). If the question concerns dismissal initiated by the management of the enterprise, then the general procedure for dismissal is as follows:

• management must have a basis (documented reason for the decision);
• the employer is obliged to warn the employee about the upcoming termination of the contractual relationship by an official order, which indicates the basis;
• familiarization with the document must be confirmed by the signature of the employee;
• the decision of the management must be reflected in the work book, and the record must be accompanied by a link to the article of the Labor Code, which is the basis for dismissal;
• on the day of termination of the contract, it is necessary to provide the employee with personnel documents (mandatory for issuance are: a work book, a certificate of income for two years and a certificate of paid contributions to the FIU);
• also on the day of dismissal, it is necessary to make a full payment with the employee;
• the timing of notifying the employee about the upcoming dismissal depends on the type of employment contract and are mandatory.

Depending on the reason for dismissal, separate clauses are added to the procedure, which the employer must fulfill.

Liquidation

If the dismissal is due to the termination of the work of the entire enterprise, then contracts with all employees are subject to termination. Selective dismissal of employees for this reason is unacceptable.

Stages of registration:

1. Drawing up an order to terminate the work of the organization.
2. Employee notification (in person, against signature);
3. Notification of representatives of the trade union and employment service (Labor Code of the Russian Federation p. 180) two months before the entry into force of the order.
4. Registration of orders for the dismissal of personnel.
5. Payment.
6. Issuance of personnel documents.

If a mass layoff is imminent, then the notice period is increased to three months.

Reduction

If it is necessary to cut the number of working positions, the employer must be guided by the rules relating to the execution of the reduction of the staff. In terms of the procedure, they are identical to the stages carried out during the liquidation of a company, with one addition.

Following the issuance of a layoff order, the employer must consider offering job changes to workers who are laid off. If the employee agrees to a new position, then his transfer is made out. If a vacant position has not appeared before the day of dismissal, or the employee does not agree with the proposed working conditions, a dismissal order is issued, the calculation and issuance of documents are made.

It is important to remember that when dismissing employees under this article, as well as upon liquidation of an enterprise, the employer is obliged to pay them severance pay. Its size corresponds to a two-month salary

"By article"

Dismissal "under the article" leaves a certain negative imprint on the employee's further work. For this reason, the employee often expresses a desire to formalize the dismissal on his own initiative. For the employer, this type of dismissal means additional responsibility. When deciding what an employee can be fired for, he is obliged to prove the existing violations.

Violations

If an employee is subject to dismissal because of his behavior, disregard for the rules of conduct and safety, or refusal to do his job, then the procedure for parting with such an employee is as follows:

1. The management must issue a statement proving the incident.
2. Receiving written explanations from the perpetrator of the incident (Labor Code of the Russian Federation, Article 193) within two days after the incident.
3. Registration of the order and notification of the offender.
4. Payment.
5. Issuance of "labor" and required certificates.

So that the employee does not have a reason to defend his rights in court, every violation of labor discipline must be reflected in his case. Delays, absenteeism, refusal to perform duties and other manifestations of a careless attitude to work should be formalized in the form of reprimands, penalties, suspension from work, etc.

When making a decision, it is important to remember that an employee's violation of discipline may have a valid reason. For example, absenteeism may turn out to be an absence from work due to illness, confirmed by a certificate from a medical institution. In this case, the dismissal under this article cannot be executed, since both the labor inspectorate and the court will side with the employee.

Despite the direct indication in the Labor Code of the possibility of dismissing a person for drunkenness, the employer will have to prove that the employee was drunk exactly at the time of the work. If a drunk employee finds himself at the workplace after a hard day or outside his shift, this cannot be a reason for dismissal.

"Guilty Actions"

The most categorical type of dismissal is violations related to proven offenses that have caused damage to the enterprise. In this case, the registration procedure is similar to dismissal for violations. The employee's fault is recorded in the act and confirmed by a court decision. Often, business owners do not bring the case to court, allowing the employee to leave “of his own free will,” since his illegal actions directly affect the reputation of the company.

The legislation also allows for the termination of workers with the wording “loss of confidence”. Such a reason for dismissal may be associated with the negligence of the employee or willful actions that caused or could cause damage to the activities of the company.

It should be remembered that for this reason, you can only part with those employees who are officially assigned financial responsibility. Most often, they are employees of the financial block, salespeople, logisticians and warehouse employees.

Lack of professional skills

When it comes to performance claims, the staff assessment steps should be followed for dismissal.

A trade union representative must be included in the certification commission. Only a fixed unsatisfactory result can lead to dismissal. Before dismissing an employee, he should be given the opportunity to prove himself in an easier and less profitable position, or to improve his qualifications within the agreed time frame.

Procedure:

1. Issuance of an order for certification, notification of employees;
2. Conducting assessment activities with the participation of trade union representatives;
3. Notification of the results of the assessment.
4. Provision of an alternative duty station that matches the qualifications of the employee. This point is optional, its implementation depends on the management of the company.
5. Registration of a transfer or dismissal order.
6. Payment.
7. Issuance of personnel documents.

When dismissing an employee "under the article", you should make sure that the facts of non-compliance of the employee with the established standards are confirmed, and there are no valid reasons for their justification.

Special conditions and procedures for dismissal

For certain categories of citizens and depending on the circumstances, there are exceptions in the legislation. They are associated with the impossibility of dismissing an employee for some of the above reasons, provide for a different procedure, regulate the terms of notification and conditions for terminating the contract.

On probation

Often, managers see a trial period not as the prospect of finding a suitable candidate, but as an opportunity to use cheap labor for an acceptable period. Employees are not paid extra, and sometimes they are not paid at all, they are unjustifiably dismissed. Employees, not knowing the intricacies of the law, only pander to such employers. Meanwhile, the dismissal of an employee who did not suit the employer on the probationary period is strictly regulated.

Despite the fact that an employee undergoing probation, the law allows dismissal according to a simplified scheme, one should adhere to the established norms (Labor Code of the Russian Federation, Article 71).

1. Attention to the design of the subjects.

It is important to remember that a probationary period is considered as such only when its presence is spelled out in the contract with the employee. The absence of a mention of the timing of the employee's verification in the text of the document cancels all conditions regarding the simplified dismissal procedure, since it is considered that the employee was accepted into the state without preliminary testing. The same applies to compliance with the maximum duration of the trial period. For the bulk of specialties, it corresponds to three months.

1. Confirmed basis.

Grounds for dismissal on probation include the entire list of reasons for dismissal of any of the employees ( Article 81 of the Labor Code of the Russian Federation). In addition, anyone who could not adequately pass the test can be fired. To do this, the employer must evaluate the employee's results and announce them.

1. Timing.

They are obliged to warn the employee about the upcoming dismissal in writing three days before the end of work, indicating the reason for the decision. If the trial period has come to an end, it is considered that the employee has passed the test successfully. That is, the employer can part with the employee on his own initiative on the basis of the "failure" of the test, no later than three days before its end. After the probationary period, the employee must resign on a general basis.

Dismissal of a pensioner

The procedure for dismissing older employees is not much different from the general one, but it has its own nuances that should be taken into account.

1. Downsizing benefits.

This category of citizens has a priority in the right to remain in office, in comparison with other employees (Labor Code of the Russian Federation, Article 179). Also, they should first of all be offered positions in place of the redundant ones.

1. Attention to the reasons.

Under no circumstances can the employee's age be the reason for dismissal (Labor Code of the Russian Federation Article 2). Retirement must be initiated by the employee himself. The exception is a number of positions and specialties in which an age qualification is established. A change of position or dismissal of a pensioner for health reasons is possible only if there are documented medical indications.

1. Working off.

Upon dismissal, which is associated with the retirement of an employee, the latter is exempted from work and may leave the service on the day the application is filed (Labor Code of the Russian Federation, art. 80). Having quit once on this basis, a pensioner who continues to work does not have repeated benefits for exemption from work.

1. Entering data into documents.

When registering the dismissal of an employee who is retiring, it should be remembered that an entry in a work book with this wording is allowed only once. Subsequent dismissals must be formalized, in accordance with clause 3, part 1, article 77, as a resignation of their own free will.

Dismissal of a disabled person

People with disabilities are one of the most vulnerable categories. Legislative protection of their rights has been strengthened. An employer will invariably face legal constraints when deciding to fire a person with a disability. Especially if the employee received the disabled status during the period of work.

Official dismissal threatens only those employees who will be recognized by the medical board as incapable of work (group 1 of disability). They are excluded from the employment relationship, and the employer has the right to fire such an employee without additional reason.

If a citizen, despite his disability, is able to work, then the management is obliged to organize working conditions that allow the employee to continue working. This applies to disabled people of groups 2 and 3. In the first case, although the employee's illness may be long-term, it most often limits his ability in one specific area. Accordingly, a disabled person of group 2 still has the opportunity to work fruitfully in another position and under preferential conditions:

• 35 working hours per week instead of 40;
• lack of night shifts;
• lack of work in excess of the norms;
• vacation up to 60 calendar days.

If the employee is assigned to the 3rd group, this means that the disability is either minimal or occurs periodically. The dismissal of a disabled person of group 3 due to limited working capacity is the most difficult, since such employees need only a small reduction in work load to perform their duties.

If, after the establishment of the group, the rehabilitation of the employee is short-term, no more than four months, then the management must find an opportunity for facilitated work. With a longer rehabilitation or the inability to comply with working conditions corresponding to the conditions of engineering and technical personnel, it is permissible to dismiss the employee.

Possible options:

• dismissal, as a result of the employee's refusal from the position offered in exchange;
• dismissal on the basis of the inability to perform the proposed work (carried out in the absence of facilitated work, the impossibility of providing the working conditions acceptable by the rehabilitation program for the employee);
• transfer to another job based on the results of the assessment of the attestation commission, confirming the lack of compliance with the position associated with a changed state of health;
• dismissal for violation of labor discipline;
• dismissal in case of liquidation of the company or reduction in the number of personnel.

Special procedure for dismissal due to disability:

1. The procedure for suspension from work is carried out immediately, as soon as the employee received a certificate of assignment of a disability group.
2. Familiarization of the employee with the decision, offering him another job that meets the conditions in the rehabilitation plan.
3. Execution of a resignation order, a preliminary statement from the employee is not required.

The order must include:

• a link to the decision of the medical board;
• indications of the rehabilitation plan;
• results of workplace certification;
• job descriptions.

The purpose of the document is to substantiate the impossibility of continuing to work for an employee in his position.

1. Transfer, and in case of refusal of the employee or the absence of a vacant position that meets the conditions, dismissal.
2. On the last day, the calculation and issuance of documents is made.

If the disability is received during the period of work, the disabled person has the right to receive severance pay designed to compensate for the loss of ability to work.

Women

A special category of employees upon dismissal are women who are preparing to become mothers and have children. The state strictly protects their interests, dismissal on a general basis is not allowed.

Pregnant

The legislation prohibits the dismissal of pregnant women during the probationary period, as well as in the neglect of the latter work duties.

The decision to dismiss will be legal only if the employee's further work is impossible ( Labor Code of the Russian Federation article 81):

• upon liquidation of a company;
• if the term of the contract has expired;
• the enterprise changes its territorial location, and the employee herself refuses to move;
• the employee is not satisfied with the changed working conditions;
• proven inability to continue working;
• the employee has expired an admission (license) to carry out work.

Often, to fire employees in a "position", management resorts to dismissal at the initiative of the employee. However, if a woman goes to the labor inspectorate and reports coercion, the supervisory authority most often takes her side, as does the subsequent court.

Single mothers

If a single mother has a child under the age of 14 or is dependent on a disabled person who has not reached the age of majority, dismissal at the initiative of the employer is limited (Labor Code of the Russian Federation, Article 261).

Dismissal is permissible (Labor Code of the Russian Federation Article 336):

• upon termination of the organization's work;
• for gross violations of labor discipline (if the employee has penalties - clause 5 of Art. 81 of the Labor Code of the Russian Federation);
• for immoral behavior;
• if proven guilt has caused (or is capable of causing) damage to the organization;
• upon detection of a deception committed by an employee when applying for a service.

It is important to clearly understand the boundaries of the definition.

Single mothers are women:

• have given birth to a child from an unidentified father and are not married;
• adopted children without a husband;
• in children whose fathers have successfully challenged paternity.

If the above factors are not present, then a woman who divorced her marriage or a widow cannot be considered lonely. In the first case, the father should take part in the maintenance of the child, and in the second - the state.

The same restrictions apply to those mothers who have one of their children under the age of three, as well as fathers with many children.

Leading employees

There is also a special procedure for dismissal for management and leading specialists. It applies to the director, his deputy, the chief accountant and other positions determined by the charter of the company. Often in their employment contracts the terms of dismissal are stipulated separately, since the termination of their work directly affects the activities of the organization as a whole.

The position does not affect the reason for the dismissal, but its procedure.

The dismissal process affects many aspects, therefore, a transitional period is established during which the dismissed employee will be able to transfer cases.

If an employee who is financially responsible is dismissed, then a special commission is preliminarily created to audit the content of accounts, organization funds and documents. To account for values, an inventory is carried out before the dismissal of an employee.

The dismissal order must contain:

• check results;
• the person who is appointed to perform the duties of the dismissed person during the transition period;
• the period of the transition period;
• the procedure for transferring cases and the form of acts of acceptance and transfer.

The term for leaving should be calculated so that the employee can transfer cases by the last day of dismissal.

Legal implications

Many employers, when faced with "inconvenient" or unscrupulous workers, prefer to come to an agreement to terminate work by agreement of the parties or at the request of the employee. It is difficult, but possible, to prove that an agreement or a statement written “of their own free will” was made by an employee under duress. If the employee is able to prove the intention of the management to dismiss without reason, the company may be involved in legal proceedings.

The results can be:

• fine;
• compensation to the employee for the forced absence of work and moral damage;
• the need to reinstate an employee in office.

Even if the employee does not go to court, but only go to the labor inspectorate, the sanctions imposed by law will still follow.

In addition to unlawful dismissal, an employee can complain about a violation of the order of dismissal or lack of necessary payments. Therefore, when deciding whether an employee can be fired, it is necessary to carefully follow the conditions prescribed by the law.