What is the period for notifying the employer of voluntary dismissal? Notice period for dismissal

The general procedure for registering termination of an employment contract is regulated. This article describes an algorithm of actions that must be followed.

Termination of an employment contract is formalized by order (instruction) of the employer. Usually a unified form is used, which is approved.

The employee must be familiar with the order against signature. A certified copy of the order can be handed over to the employee at the request of the employee.

According to general rules, the day of termination of an employment contract is always the last day of work of the employee, with the exception of cases where the employee did not actually work, but retained his place of work.

On the day of termination of the employment contract, the employer is obliged to:

• issue a work book to the employee (if the employee is not at work on the day of dismissal, he is sent a notice of the need to pick up the work book or agree to have it sent by mail);
• make a settlement with it in accordance with;
• upon written request of the employee, issue certified copies of documents related to work.

An entry in the work book about the basis and reason for termination of the employment contract is made in strict accordance with the wording of the Labor Code or other federal law, with reference to the relevant article, part of the article, paragraph of the article.

There has long been a dispute among HR specialists regarding which wording to use: “the employee is fired,” “the employment contract is terminated,” or “the employment contract is terminated”? The Labor Code does not give a clear answer to this question, so employers often choose the wording at their own discretion.

Grounds for dismissing an employee

1. Dismissal during the probationary period

The establishment of a probationary period when hiring is regulated by Art. 70 TK. It provides a list of employees for whom a probationary period is not established:

• persons elected through a competition to fill the relevant position, conducted in the manner established by labor legislation and other regulatory legal acts containing labor law norms;
• pregnant women and women with children under the age of one and a half years;
• persons under the age of 18;
• persons who have received secondary vocational education or higher education in state-accredited educational programs and are entering work for the first time in the acquired specialty within one year from the date of receiving vocational education at the appropriate level;
• persons elected to an elective position for paid work;
• persons invited to work by way of transfer from another employer as agreed between employers;
• persons concluding an employment contract for a period of up to two months;
• to other persons in cases provided for by the Labor Code, other federal laws, and a collective agreement.

The probationary period cannot exceed three months, and for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations - six months, unless otherwise established by federal law.

During the probationary period, personnel officers must record any deviations in the work of the new employee using memos and reports. When the probationary period ends and the employer evaluates the newcomer’s performance as unsatisfactory, he must document the validity of his decision.

The employer may terminate the employment contract before the expiration of the probationary period if the result is unsatisfactory, but he will need to notify the employee in writing (in notification format) no later than three days in advance, indicating the reasons that served as the basis for making such a decision. At the same time, you need to be prepared for the fact that the employee has the right to appeal this decision in court.

If an employee refuses to sign a notice, a corresponding act is drawn up, which records the fact that the employee has read the notice and refused to sign it. Based on the notification, order T-8 is issued to terminate the employment contract. If an employee refuses to sign an order, then at the bottom of the order the personnel officer writes by hand that the employee was familiar with the order, but refused to sign, or a corresponding act is drawn up. In any case, it is important to record the fact that the employee has read the order.

An employee can also terminate an employment contract at his own request during a probationary period. To do this, he needs to submit an application, but he does not have to indicate the reason for dismissal. The notice period in this case, according to Art. 71 TK, will be three calendar days. The dismissal itself is made on the basis of (termination of the employment contract at the initiative of the employee).

2. Dismissal at your own request

Which article of the Labor Code should you refer to: .

An employee has the right to terminate an employment contract at his own request, but he must notify the employer in writing no later than two weeks in advance, unless a different period is established by the Labor Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. By agreement of the parties, this period may be reduced.

In cases where dismissal at the initiative of the employee is due to the impossibility of continuing his work, the date of dismissal can be set independently. In Art. 80 of the Labor Code contains the grounds when this option is possible: enrollment in an educational institution, retirement, established violation of labor legislation by the employer, etc. Labor relations practice shows that there are many more reasons for reducing notice periods. For example, an illness that prevents the continuation of this work, provided there is an appropriate medical report; moving to another area ().

The list of valid reasons for dismissal on the day the application is submitted can be enshrined in the internal labor regulations of the organization or in the collective agreement.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with the Labor Code and other federal laws, cannot be denied an employment contract. For example, in Art. 64 of the Labor Code states that it is prohibited to refuse to conclude an employment contract to employees invited in writing to work as a transfer from another employer.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer must:

• issue the employee with a work book;
• issue other work-related documents upon written request from the employee;
• make a settlement with him.

How to prepare documents?

When an employee has the right to reduce the notice period, he writes a dismissal date, which is binding on the employer, that is, he cannot unilaterally change this date on his own. Sometimes an employee is not entitled to benefits, but asks to be fired early. For example, he writes a statement on May 15, and asks to fire him on May 19. In this case, the employer can act under Art. 80 TK. If he agrees to dismiss earlier, he accepts the application and issues an order. If he does not agree, then he draws up a notice for the employee, in which he explains that he cannot accept such a statement on the basis of Art. 80, which requires two weeks notice and asks to write a new application.

Based on the order, an entry is made in the work book (this is done on the last day before the book is issued, so that the employee immediately signs in the book for recording the movement of work books).

3. Dismissal by agreement of the parties

Which article of the Labor Code should you refer to: .

The basis for dismissal “by agreement of the parties” was included in the Labor Code in 2006, and Art. 78 of the Labor Code, which is devoted to this issue, contains only one sentence: “An employment contract can be terminated at any time by agreement of the parties to the employment contract.” No matter how such a basis for dismissal is perceived, one must proceed, first of all, from the fact that the very word “agreement” indicates a peaceful basis for termination of the employment relationship.

Despite the fact that the agreement is not provided for by the Labor Code, it is a very important document, since it specifies the conditions under which the parties terminate the employment relationship.

4. Dismissal due to expiration of the employment contract

Which article of the Labor Code should you refer to: .

The grounds on which a fixed-term employment contract is concluded are specified in. Most often - for the duration of the duties of an absent employee, who retains his place of work.

If a fixed-term employment contract is concluded with an employee, then the expiration date of the employment contract is associated with a specific date, which is specified in the contract itself. Three days before this date, the employer is obliged to warn the employee about the expiration of the period by means of a notice.

Sometimes the expiration date of an employment contract cannot be established in advance; in this case, the contract does not indicate the expiration date, but a condition. In this case, there is no need to notify about the termination of the employment contract, since the very fact of the main employee returning to work means the termination of the employment contract of the employee who replaced him.

In Art. 193 of the Labor Code states how to formalize a disciplinary sanction. The employer's action algorithm in this case is quite clear. First of all, when a disciplinary violation is discovered, an act is drawn up, which records the fact of the violation, all the circumstances under which it was discovered, the date, and witnesses. Then the employee is required to provide a written explanation (the deadline for providing the document is two working days). Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action. If there is or is no explanation, the employer makes a decision based on its assessment of the employee’s actions.

The timing of the application of the penalty must be taken into account - no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees. A disciplinary sanction cannot be applied later than six months from the date of commission of the offense.

A report on the commission of a disciplinary offense is sent to the director (the person who can make decisions on this issue). And the employee is given a notice against signature with a requirement to provide a written explanation. If he does not provide it, then an act is drawn up.

If misconduct is proven, disciplinary action is taken. In case of “mild” violations, the employee is first reprimanded. At the same time, the order to apply a disciplinary sanction contains links to all documents that confirm the grounds for applying the sanction.

7. Dismissal of a long-term absent employee

The legislation does not provide clear tools for formalizing such dismissals. Problems often arise because the employer does not know how to treat a person's prolonged absence from work if there is no information about the reasons for this absence. At the same time, he does not have the right to dismiss an employee until a violation of labor legislation is established.

Registration of such a situation begins with drawing up an act for each working day stating that the person is absent from work for an unknown reason (in the first act the time of absence is indicated “from ... to”, and in the rest - “during the entire working day”).

Acts on the absence of an employee should first be drawn up daily, in case of long-term absence - as of the day of submission of the next time sheet.

Letters are sent to the employee asking for an explanation of the reasons for failure to appear (they must be sent by registered mail with a list of attachments).

If there is no news from the missing employee for more than a year, the employer, guided by the provisions of Art. 42 of the Civil Code of the Russian Federation and Chapter 31 of the Civil Procedure Code of the Russian Federation, may, through the court, recognize the missing employee as missing. According to Art. 42 of the Civil Code of the Russian Federation, a citizen may, at the request of interested parties, be recognized by the court as missing if during the year there is no information about his place of residence at his place of residence. If the court satisfies the stated requirements to recognize the missing employee as missing, the employer will be able to terminate the employment contract with this employee under clause 6 of Part 1 of Art. 83 Labor Code of the Russian Federation.

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In most cases, notice of dismissal is given in advance; the timing is regulated by various articles of the Labor Code. If an employee does not receive a warning within the prescribed period upon dismissal, he has the right to sue the employer and demand compensation.

Types of dismissal

An enterprise terminates a contract with an employee for various reasons. Depending on this, the dismissal procedure is determined.

Upon staff reduction or liquidation of an organization

The reasons for layoffs are usually the financial insolvency of the enterprise.

Fact! According to the law, the employee is paid severance pay. It should be 2 salaries.

When staffing is reduced, any employee may be dismissed for operational reasons. The director of the enterprise issues a document on the reduction indicating the names of those who fall under it. The next step is to agree on the order with the trade union, as the defender of the rights of team members. If possible, management should offer another vacancy in lieu of the reduced rate.

Based on the decision on liquidation, the manager issues a corresponding order, which is brought to the attention of the employee 2 months before the termination of the organization’s activities.

For violation of labor discipline - absenteeism, systematic tardiness

The absence of an employee from the workplace for more than 4 hours is classified by law as absenteeism.

To confirm this fact, you need to collect the following documents:

• act of absence from work, which is signed by 2 witnesses;
• an explanatory note from the employee about the reasons for absenteeism;
• a report addressed to the manager about the fact of absenteeism.

Based on these papers, the manager issues an order of dismissal for absenteeism. All documents are prepared in the usual manner.

Interesting! Preliminary notification of the perpetrator in such a situation is not required; he is notified after the fact.

At the initiative of the employer

The employer uses this type of dismissal if the employee systematically fails to fulfill his job duties as specified in the employment contract.

Most often the reasons are the following:

• drinking alcoholic beverages in the workplace;
• professional incompetence of the employee;
• violation of safety regulations resulting in an industrial accident;
• failure to comply with management orders;
• providing false documents when applying for a job;
• theft of company property.

Before the administration issues an order, an investigation is conducted to confirm the violation. If the violation occurs for the first time, the employee is severely reprimanded.

After this, if the situation has not changed, then 2 weeks before dismissal from office the person receives a warning.

By mutual consent and at the employee’s own request

If dismissal from a position occurs at the initiative of the employee or by mutual agreement, the application is submitted to the manager for signature 2 weeks before the planned date.

During this time, the dismissed person must fill out a bypass sheet and be removed from all types of accounting. The accounting department makes the calculations, and the personnel department prepares documents on dismissal at its own request:

• work book with the corresponding entry;
• dismissal order.

During these 2 weeks, which are provided to the employee from the moment he submitted a letter of resignation of his own free will, until the moment he is actually released from his position, he can change his mind and pick up the document, continuing to work in his previous position. The employer must warn the employee about this possibility before proceeding with the dismissal case.

Notice period for dismissal and features of the procedure

On the last day of work at the enterprise, the citizen is given the following:

• employment history;
• a copy of the order and calculation for the period worked;
• compensation for the next vacation if it was not used.

Not only the employee, but also the manager of the enterprise has certain obligations.

An employee writes an explanatory note to the manager in the following cases.

Management addresses an explanatory note to the employee in such cases.

Management sends a warning to the trade union organization in a single case.

When can you notify your superiors later?

• employees leaving due to retirement;
• students admitted to study at a university;
• citizens who are discharged due to conscription into the army or due to illness;
• citizens moving to another place of residence.

By mutual agreement with the manager, any citizen can resign before the time required by law. Termination of an employment contract occurs on other grounds. This applies to special cases. For example, an employer may initiate termination of a contract for the use of incorrect educational methods by a teacher, for violation of the Charter of an educational institution,

Government employees can be fired for disclosing classified information or combining service with commercial activities, which is prohibited by law.

How is a notice prepared and transmitted?

The procedure for notifying the employee of his intention to resign and the manager that he is about to be fired has several nuances:

1. In each specific case, one party must notify the other of its intentions. The form of notification is optional, but it must be in writing. There are no strict requirements for the application form, for example, the need to write the preposition “from” in the header.
2. The employee notifies management by submitting the application in person or by mail. A warning from the administration is issued in writing and handed to the employee in the personnel department. The employee must sign the document indicating that he has read the warning. If signature is refused, an act to this effect is drawn up with the signatures of witnesses.
3. A citizen can send a message by email if he has an electronic signature in digital format. The document with a digital signature has legal force and is equivalent to a document written by hand.
4. An application sent in the form of a telegram by mail also has legal force if the postal operator verifies the sender's signature.
5. The application indicates a specific date when the citizen plans to resign. For example, if he asks to be dismissed on February 25, then this day will be considered the last day of work and the date of termination of the employment relationship.
6. An employee must work 14 days if he went to work for one day and immediately wrote a letter of resignation.

A citizen can write an application while on vacation or sick leave, and this can be done before the vacation or sick leave ends. The employer does not have the right to refuse dismissal if the date is indicated in the application and it corresponds to the period established by law - 2 weeks.

Failure to meet deadlines is classified as a violation of the law and can be appealed in court. When specifying the date of dismissal, this 2-week period must be taken into account. When sending an application by mail, the time the letter is in transit is not included in this period.

A very important issue when terminating an employment relationship is notice of dismissal. It plays a huge role in the procedure for leaving work, especially if the employee decided to leave his previous place of work. What features of the procedure should subordinates and employers take into account? What does labor law say regarding termination of employment? Do I need to work for some time after notifying my superiors about my actions? Are there any secrets that can help you free yourself from some obligations when leaving your job? Once you understand all this, you can leave any employer without any problems.

Methods of dismissal

Quitting a job is a process that every subordinate faces sooner or later. In Russia, you can terminate an employment relationship:

• by agreement of the parties;
• at the initiative of the employee;
• in connection with the liquidation of the company;
• at the request of the employer;
• due to staff reductions.

Own solution

A notice of dismissal upon termination of an employment contract is an extremely important step. If a person decides to leave work on his own, then he is obliged to inform his boss in advance of his decision.

The Labor Code provides for a two-week notice period for dismissal. This means that an application in the appropriate form must be submitted for consideration no later than 14 days before the expected departure from work.

Exceptional cases

But there will always be a number of exceptions. Sometimes you can give notice of your intentions in less time. For example, in 3 days. When is this possible?

A 3-day notice of dismissal at the personal request of an employee is possible:

• when employed in seasonal work;
• while on probation;
• if the employment contract is concluded for no more than 60 days (or 2 months).

In other cases, as is correct, you need to warn about your decision in advance.

Employer initiative

You will have to behave somewhat differently if the termination of the current employment contract is planned at the initiative of the employer. In this case, you will have to notify employees of your intentions more than 14 days in advance.

The employee's notice of dismissal must be given at least 2 months before the person leaves work. Otherwise, the citizen can seek help from the Labor Inspectorate and reinstate himself in the company.

About working off

An important point is working out. Upon dismissal, according to established rules, citizens must work for a certain time and only after that resign.

The need for testing is not clearly stated in the Labor Code of the Russian Federation. The mentioned Code only states that a citizen is obliged to notify in advance of his intention to resign. But he doesn’t actually have to work it out.

How long does it take to stay at work after filing an appropriate application for termination of employment? By law, work upon dismissal lasts 14 days. This is exactly the time during which the employer will process the order to terminate the employment contract with the subordinate.

No detentions

To avoid problems arising during the implementation of the task, it is recommended to pay attention to some features and nuances of the topic being studied. As already mentioned, citizens may not work for two weeks after notifying the employer of their intention to leave work.

This is possible if:

• a citizen resigns in connection with caring for a disabled child or seriously ill relative;
• an employee leaves work due to the transfer of his spouse to another region to perform work duties;
• the person refuses further cooperation due to retirement.

These are the most common scenarios. But they are not exhaustive. There are a number of tricks that will help you avoid having to work off your voluntary resignation after being warned.

Secret passages

What exactly are we talking about? Today, employees have learned not to work 14 days after submitting a letter of resignation. Moreover, as practice shows, it is completely legal.

The point is that any officially employed citizen can leave work at any time. There are no prohibitions on this matter. The main thing is to warn your boss about your decision in advance.

At the same time, in order not to face working off, it is allowed:

1. Book a vacation. For example, at your own expense. In this case, the citizen first submits an application for leave, and then notifies of dismissal. An employer cannot, according to the Labor Code of the Russian Federation, call for work during legal rest.
2. Go on sick leave. You will have to act exactly the same as in the previous situation. First, the employee goes on sick leave, then warns of his intention to resign. A call for detention, if any, may simply be ignored by the employee.

In addition, it is allowed to negotiate with the boss about exemption from detention. But such a situation is extremely rare in practice.

We quit ourselves

So, now let’s look at the steps to take when terminating an employment relationship. For example, if a person himself wants to leave work without good reason.

In such circumstances, you must proceed as follows:

1. Submit a letter of resignation.
2. Warn the employer about voluntary dismissal. To do this, you need to submit an application in the prescribed form (in writing) to your boss.
3. Wait 2 weeks and read the order to terminate the employment contract.
4. Receive documents issued upon dismissal - pay slip, work book, income certificate.
5. Sign on the dismissal order and in the journal about the issuance of papers.
6. Receive a calculation from the accounting department. Sign the billing journal.

This is where all the action ends. The citizen is considered officially dismissed. The employer files the employee's file and sends it to the archive for further storage.

Retirees and leaving work

Is there a notice of termination if an employee is about to retire? Yes! You can only notify your boss of your intention to leave work no more than a day in advance.

That is, when an employee leaves due to retirement, he not only does not have to worry about working off, but can also submit the appropriate application for consideration one day before registration of pensioner status. Although in practice such situations are not welcome.

Another feature regarding pensioners is related to the fact that sometimes work will still take place. The thing is that its absence is provided only for initial retirement. If a person applies for a pension for the first time, and then he is employed again, then upon re-dismissal, working off takes place.

Calculation of severance

A notice of dismissal is far from the most important nuance of the procedure. Once an employee informs their boss of their plans to leave their job, attention must be paid to the employer's obligations. Especially for settlements with an employee.

Upon termination of an employment relationship, the following payments are due:

• compensation for vacation that was not used;
• earnings for the time worked before dismissal.

These are mandatory payments that almost always occur. In case of staff reduction or dismissal at the initiative of the employer, as well as due to the liquidation of the enterprise, severance pay is due.

Until the citizen is given the required funds, he may not sign the log of settlements with employees. This means not to be counted among those fired.

Based on all of the above, it follows that the work will also be paid. In this case, the subordinate’s regular salary is taken into account. That is, when working off, you will be able to receive money for 14 days spent at work.

Let's sum it up

From now on it is clear how dismissal from work occurs. It is important to note that not all citizens can be fired on the initiative of their superiors. For example, the Labor Code of the Russian Federation prohibits the dismissal of pregnant women and women on maternity leave. In this case, termination of the employment contract is possible at the request of the employee.

However, notice of dismissal is a mandatory step in terminating the relationship between the employee and the employer. It’s simply impossible not to come to work one day. Such a step will be regarded as truancy.

One more nuance: upon dismissal, the reason for the termination of the relationship must be entered in the work book. For example, “at one’s own request” or “in connection with the liquidation of the company.” If the employer does not put the appropriate mark in the subordinate’s employment document, the dismissal procedure will be considered violated. And the employee can either refuse to be removed from work duties, or he must contact the Labor Inspectorate to protect his rights.

In fact, drawing up a warning to the employer about voluntary dismissal is not so difficult. The application, as emphasized earlier, is drawn up in writing and submitted to the boss. The employer has no right to delay dismissal or not accept the relevant notification.

- a mandatory stage of termination of an employment contract at the will of the employee, described in the Labor Code of the Russian Federation. The material below discusses the most significant points regarding such a warning.

Regulatory acts establishing the procedure for notice of dismissal

Constitution of the Russian Federation in Art. 37 provided for a right to work, not an obligation. That is, work is free, no one can be forced to do it - and this means that the employee can decide to end the employment relationship with the employer at any time, and the latter has no right to interfere with this.

The procedure for implementing this decision is established in the Labor Code of the Russian Federation. So, clause 3. part 1 art. 77 of the Labor Code considers the employee’s desire to be the grounds for termination of an employment contract, and Art. 80 describes the entire process of dismissing an employee at his own request.

At the same time, the answers to most of the questions that arise for the employer during the execution of the dismissal procedure at the initiative of the employee are contained in the letter of Rostrud “On the procedure for dismissal ...” dated September 5, 2006 No. 1551-6. In particular, it talks about acceptable methods of warning about dismissal and clarification of the provisions of Art. 81 of the Labor Code on termination of an employment contract with a temporarily disabled or on vacation employee.

Can they refuse to be fired at their own request?

The Constitution of the Russian Federation and the Labor Code give a completely clear answer to this question: no one can be forced to work. At the same time, Art. 77 and 80 of the Labor Code of the Russian Federation establishes a clear procedure that must be followed by the parties to labor relations for their legal termination. Thus, the employee is obliged to properly notify the employer of his intention - to inform in writing about the upcoming dismissal at least 2 weeks in advance, with the exception of certain cases (for example, upon retirement).

According to Art. 80 of the Labor Code of the Russian Federation, upon dismissal of his own free will, the employee ceases his work after the specified period, and the employer makes all payments due in this case, issues a work book and related documents. Before the expiration of the 2-week period, the able-bodied employee must continue to perform his job duties, otherwise failure to show up for work may be regarded as absenteeism - and this is fraught with subsequent disciplinary action up to and including dismissal on negative grounds.

The procedure for informing an employer about voluntary dismissal

A warning about such dismissal always occurs in writing (Article 80 of the Labor Code), while the Labor Code of the Russian Federation does not contain rules on how exactly the employer should receive the employee’s application for the upcoming dismissal. It can be delivered in person, for example by dropping it off at the HR department, or sent by mail. In any case, such statements are subject to registration so that subsequently the parties do not have questions regarding the calculation of the period of service allocated for termination of employment relations in accordance with the law.

The application must clearly express the employee's desire to terminate the employment relationship. It is appropriate to use the wording “dismiss” or “terminate the employment contract”, but the beautiful phrase “I resign” is simply irrelevant. Moreover, it, like other similar expressions, allows for ambiguous interpretation of intent (for example, it could be interpreted as a request for administrative leave).

The possibility of submitting an application by mail is not directly described in the Labor Code of the Russian Federation, but there are no prohibitions on this either. Explanations on this issue are given in letter of Rostrud No. 1551-6. It says that the application can be sent by registered mail. In this case, the starting point of the working period will be considered the day of delivery of the letter indicated in the notice of receipt of the letter by the addressee.

In addition, Art. 6 of the Law “On Electronic Signatures” dated April 6, 2011 No. 63-FZ, equated a document certified with an electronic signature to a paper one. This means that the employer can also be warned of dismissal by a letter sent by e-mail (for example, corporate) mail, if it is certified by the employee’s digital signature.

When do you need to give notice of voluntary resignation?

Labor Code of the Russian Federation in Art. 80 establishes a standard two-week period for informing the employer in advance about the dismissal of an employee. If the application is sent by mail, then it is worth adding a few days to the date of dismissal for its delivery. The approximate deadline for receiving a valuable letter can be found at the post office; the period will be counted from the moment the postal item is delivered.

However, shorter notice periods are also possible. In particular, the Labor Code of the Russian Federation makes it possible to inform management about the upcoming dismissal 3 days before it:

• employees on probation (Article 71);
• seasonal workers (Article 296);
• employees working under a fixed-term employment contract concluded for less than 2 months (Article 292).

In addition, there are often cases when an employee wants to terminate the contract literally the very next day and leave without working. According to Art. 80 of the Labor Code of the Russian Federation, the employer has no right to interfere with such a desire in the following cases:

1. If it is impossible to continue work. Dismissal with subsequent retirement and enrollment in an educational institution is mentioned here, but the list is left open, that is, there is room for agreement between the parties. Resolution of the plenum of the Supreme Court of the Russian Federation “On the application by the courts of the Russian Federation...” dated March 17, 2004 No. 2 (hereinafter referred to as Resolution No. 2) supplements this list with one more reason - the departure of the military spouse to a new duty station.
2. In case of violation by the employer of labor law, collective or labor agreements. Here it is also worth referring to Resolution No. 2, which indicates that the fact of violation of these norms must be recorded by government bodies monitoring compliance with labor law standards, or by trade unions.

An employee can give notice of dismissal while on vacation or sick leave. Norms Art. 81 of the Labor Code, which prohibit termination of an employment contract during specified periods, only applies to dismissal at the initiative of the employer.

A warning is not a dismissal

The mere fact of informing about dismissal does not mean termination of the employment contract. Based on Art. 80 of the Labor Code of the Russian Federation, it will be terminated only after a two-week or other working period agreed upon by the parties.

Throughout this time, the employee has the right to change his decision and cancel his resignation, except in the case of an official (written) invitation to replace him with another employee who cannot be denied employment. Moreover, if the employee, despite his warning, continues to work after the end of the designated period, this will mean the preservation of the employment relationship and the continuation of the contract.

In summary, we note that correct and timely warning to the employer about the upcoming termination of the contract minimizes the risk of the latter creating obstacles to dismissal and, as a result, relieves both parties of the need to protect their interests in court.