The law establishes that despite the reason for the termination labor agreement between the company and the employee, in confirmation of this fact, the company administration must issue an order to dismiss the employee. It is usually drawn up by the personnel department, and the dismissed person gets acquainted with it against signature.

The dismissal order is drawn up on the basis of previously received documents. This can be a handwritten employee, an agreement between the parties, acts of misconduct committed by the employee, etc.

Also, an order can be drawn up on the basis of official documents released by third parties official organizations or by third parties. Such forms include a death certificate, a certificate of the impossibility of establishing the location of a citizen, etc.

Rostatom for the order is set uniform form T-8 upon dismissal of one employee and form T-8a if a group of employees is dismissed.

Companies can modify it to own needs, or even issue orders in free form using letterhead. Must be respected important condition- such an order must contain all the required details.

Attention! If the administration begins the dismissal procedure, then it needs to exactly comply with all necessary processes in accordance with the Labor Code of the Russian Federation. V otherwise termination of the contract can be determined judgment as illegal.

For example, if the administration begins dismissal as a punishment for a systematic violation internal regulations firms, then it is necessary to record in as much detail as possible all the misconduct by drawing up acts, memoranda, and other

At what point to issue an order

It is best to issue an order on the final day of work. The law does not prohibit the issuance of an order on any day from the moment of filing an application for dismissal until actual termination... However, it must be remembered that within two weeks, while the working period lasts, the employee has the right to withdraw the application, and it will be necessary to issue an order to cancel the order of dismissal.

Before drawing up an order, an employee can get his hands on bypass sheet... It includes a list of employees and departments to visit before leaving.

This step is not mandatory from the point of view of the Labor Code, but it is still advisable to do it, since it records not only the transfer of cases from the dismissing employee to the new responsible person, but also allows you to determine the presence or absence of debts between the parties.

After filling out the order, it is imperative to acquaint the employee with him who is affected by the order. As confirmation, the latter puts his signature and date. If the resigning person refuses to do this, then it is necessary to invite several witnesses, read out the contents of the order in their presence, and then draw up an act of refusal to sign it.

The executed document is attached to the order and, further, is stored in the archive along with it. The employee has the right to apply in writing to the management with a request to hand over to him a copy of the signed order. The administration has no right to refuse such a request.

Important! An entry in the work book and about dismissal is made only on the basis of a completed order. After that, the personal file can be transferred to the archive of the company.

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A sample of filling out a dismissal order in the form of T-8

You need to fill out a dismissal order in the T-8 form from its top. The first column contains the full name of the company. After that, to the right of it is affixed according to the directory of the organization or individual entrepreneur.

Next is the name of the document, after which there are empty columns... They need to record the number of the order and its date of execution. Under this number, it will then be necessary to enter it in the register of orders of the enterprise.

This is followed by a line in which you need to record information about the employment contract signed with the employee (date and number), and then the date of dismissal is indicated. As a rule, the final day of work is taken as such a day.

Next are the columns in which personal data about the employee are recorded - his full name, assigned Personnel Number, the name of the unit in which he performed duties, the name of his position by.

In the next column, you need to write down the reason for the dismissal of the employee. Usually, it must exactly repeat the corresponding wording from the Labor Code of the Russian Federation. A link to the article must be made.

Further follows column "Foundation", in which information about the document is recorded, on the basis of which the decision was made to dismiss the employee. For example, if a dismissal order is issued on on their own- information about the submitted application is entered here, if the parties signed an agreement - its details, etc.

A fully completed order must be endorsed by the director with his signature and its decryption.

After that, the form must be shown to the employee who is quitting, and he, in confirmation of familiarization, puts the date and signature in the next column.

Attention! If the firm has a union body, then its opinion must be indicated in the column at the bottom of the order form.

How to fill out a dismissal order in the T-8a form

The full name of the company is recorded at the top of the document. To the right of this column there is a field where you need to write down the OKPO code.

Below, next to the name, there is a field in which you need to write down the order number, as well as the date of its creation. Under this number, the document must be fixed to the order book for the enterprise.

This dismissal order looks like a large table in which data is entered line by line. There must be one line for each employee; you cannot skip empty lines.

The table consists of graphs:

• №1 - Full name resigning;
• No. 2 - Personnel number, which was assigned by the personnel department;
• No. 3 - designation of the division where the resigning person worked;
• No. 4 - his position;
• No. 5 and 6 - information about the employment contract, which was concluded - its number and date;
• No. 7 - the date of termination of the contract;
• No. 8 and 9 - information about the document on the basis of which the dismissal is made, name, date and number;
• No. 10 - familiarization of the employee with the order. Here he must put the date and his signature.

After all the lines are drawn up, the manager signs the order, putting his signature and its decryption in it.

Attention! If the company has trade union body, then information about his opinion can be entered in the field, located at the bottom of the document.

Is it possible to cancel the order of the manager to dismiss

There are several reasons why a previously created dismissal order should be invalidated.

These include:

• The employee filed an application for, but then changed his mind about quitting. But by this time the order had already been created. Then it is necessary to prepare another order to cancel the action of the previous one. As the basis, a written message from the employee about the withdrawal of his application is indicated. There is no standard form for such an order - the personnel officer can draw up it in free form.
• The order is also subject to cancellation if the employee fell ill on the day of dismissal and informed the employer about it. However, this must be done only if the employee himself has decided not to quit before the end of the hospital period;
• If the employee was reinstated at his previous workplace by decision judicial authority, the company is obliged to cancel the order to dismiss him. In this case, the employee returns to his former place with the preservation of his salary and all the benefits that he possessed.

Termination employment contract(dismissal of an employee under Article 77 of the Labor Code of the Russian Federation), samples of dismissal orders (unified form No. T-8)

If we analyze the statistics of termination of employment contracts (layoffs of employees), then we come to the following conclusion: basically, employment contracts with employees are terminated under Article 77 of the Labor Code of the Russian Federation.

The grounds for terminating employment contracts are as follows:

1. agreement of the parties;

2. expiration of the term of the employment contract;

3. termination of the employment contract at the initiative of the employee;

4. termination of the employment contract at the initiative of the employer;

5. transfer of an employee at his request to work for another employer or transfer to an elective position;

6. the employee's refusal to continue working in connection with a change in the owner of the organization's property, with a change in the jurisdiction (subordination) of the organization or its reorganization;

7.the employee's refusal to continue working due to a change determined by the parties terms of the employment contract;

8.the employee's refusal to transfer to another job that he needs in accordance with medical report issued in the manner prescribed by federal laws and other regulatory legal acts RF, or the employer does not have an appropriate job;

9. the employee's refusal to transfer to work in another locality together with the employer;

10. circumstances beyond the control of the parties;

11.Violation of established Labor Code or otherwise federal law of the rules for concluding an employment contract, if this violation excludes the possibility of continuing work.

Termination of an employment contract is formalized by an order (decree), which is signed by the employer or his representative. The employee must be familiarized with the order to terminate the employment contract against signature. Consider termination of an employment contract (dismissal of an employee) by agreement of the parties. this basis an employment contract can be terminated at any time if both parties have reached an agreement, that is, both the employer and the employee agree. The agreement is drawn up in writing... It indicates the date of dismissal. This ground for termination of an employment contract applies to all employment contracts, both fixed-term and concluded for a specific period.

A sample order for the termination of an employment contract (dismissal of an employee) by agreement of the parties, clause 1 of Art. 77 of the Labor Code of the Russian Federation

Termination of a fixed-term employment contract

A fixed-term employment contract terminates upon the expiration of its validity period. The employee must be warned in writing at least 3 days prior to dismissal, this does not apply to the case when the term of the contract concluded during the performance of the duties of the absent employee expires.

Fixed-term employment contract concluded at the time of execution certain work, expires upon completion of this work.

Fixed-term employment contract concluded for the performance seasonal work, ends at the end of this period.

If a fixed-term employment contract is concluded for the duration of the performance of the duties of the absent employee, then it ceases to be valid when this employee leaves for work.

Sample order for termination (termination) of an employment contract (dismissal)

employee) under paragraph 2 of Art. 77 of the Labor Code of the Russian Federation

Termination of an employment contract at the initiative of the employee (at his own request)

An employee can apply for dismissal at any time, including including during the period of temporary disability, being on vacation, etc. An employee who warned the employer about termination of the employment contract has the right before the expiration of the warning period (and when granting leave with subsequent dismissal- before the day of the start of the vacation), withdraw your application, and dismissal in this case is not made.

An employee has the right to terminate an employment contract by submitting a written application no later than two weeks before dismissal.

Flow the specified period starts the day after the employer receives the employee's letter of resignation. The termination notice allows the employer to find a new employee to replace the resigning employee.

During the warning period, none of the parties to the employment contract has the right to unilaterally terminate it. If the employee is dismissed against his will before the expiry of the notice of dismissal, he is subject to reinstatement in his previous job.

If the term for the warning of dismissal of his own free will has expired, the employee has the right to stop working, and the employer is obliged to issue a dismissal order, issue him a work book on the last day of work and make a final settlement with him.

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

In cases where the employee's application for dismissal on his initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in educational institution, retirement, sending a husband (wife) to work abroad, to a new place of service, etc.), the employer is obliged to terminate the employment contract within the period specified in the employee's application. Termination of an employment contract is formalized by order of the employer.

To the rights of all stakeholders Both management and employees have been protected, it is important to follow the letter of the law and fill out the termination order correctly. If the documents are not drawn up correctly, you cannot avoid claims and fines from the outside Labor inspection besides, someone may suffer materially. How to arrange administrative document at the request of employees and at the initiative of the employer?

The initiative comes from the employee

Order - a document that confirms the consent of the parties to terminate the employment relationship. To be released from work, you must follow the procedure enshrined in the TC.

The dismissal procedure is divided into 4 stages:

1. The employee writes a letter of resignation of his own free will. The document can be filled in by hand or printed on a printer and certified with a signature. The application must be submitted two weeks before the date of leaving work. In some cases, this period is shortened, for example, if an employee is dismissed for probationary period, then the notification is carried out 3 days in advance.
2. The application is submitted to the specialist of the personnel department of the company. On this basis, information is entered into the order of dismissal of his own free will. The HR specialist enters information in the work book confirming that the relationship between the employee and the employer has ended. A record is also made about the termination of the contract in the personal file.
3. The employee of the personnel department introduces the order to the employee against signature. If it is not possible to obtain the signature of the resigning person, a note is made on the document.
4. The work record book is handed out against signature. Also, the employee receives a calculation.

If it is wrong to fire an employee, you can provoke a labor dispute in court.

Fill out the dismissal order form according to standard form... The law allows you to independently approve the form, but the T-8 form simplifies the execution of the termination of the employment contract.

10 main points that should be reflected in the document:

1. The name of the company.
2. Contents of the order.
3. The date when the document is drawn up, as well as its serial number.
4. The employee number indicated in the report card.
5. The position occupied by the employee and the department where he was registered.
6. References to Articles 77 and 80 of the Labor Code justifying leaving work.
7. The column "Grounds" indicates a personal statement or other documents if the employee is dismissed from his position by the head.
8. Signature of the head of the company and transcript.
9. The signature of the employee confirming the familiarization with the document.
10. Opinion trade union organization if any.

The order is kept in the personnel department.

Important! If an agreement was signed with an employee material responsibility, you need to attach a certificate that there are no material claims to it.

The second copy is accepted by the accountant for settlements with the employee. V work book the date and number of the edition of the document are affixed. A sample voluntary dismissal order includes necessary information about the company and the employee.

Differences in the order issued on the initiative of the director

Execution of a dismissal order in cases where the termination of an employment contract is associated with a violation by an employee established responsibilities, has its own characteristics.

Fact! If the procedure is violated, the employee can go to court, reinstate himself and demand monetary compensation for the damage caused.

The reasons for dismissal from work are listed in Articles 71 and 81 of the Labor Code of the Russian Federation. The order form includes an indication of the article that serves as the basis for terminating the employment agreement.

9 main reasons for dismissing employees, which are indicated by the management:

1. Closing a company or a private entrepreneur.
2. Reducing the number of people on the staff.
3. The employee does not match his position.
4. The circle of people who manage the business is changing. The item remains relevant for specialists in leadership positions.
5. Constant disregard for work responsibilities.
6. Material one-time default.
7. Submission of inaccurate data when applying for a position.
8. Committing by an employee working with children, an act that is incompatible with the norms of morality and ethics.
9. Loss of confidence in the specialist.

If a specialist is removed from work at the request of the director, then the need to write an application disappears. One of the paragraphs of Article 81 of the Labor Code is indicated as a reason for suspension from work. The order specifies the documents that serve as a reason for dismissing a resigning person from office.

5 main details that should be contained in the order of dismissal at the initiative of the employer:

1. The name of the company.
2. Date of drawing up and serial number of the order.
3. A document serving as the basis for terminating an employment contract. If an employee is released due to a reduction in staff, a paper about this and a notice to the employee is attached.
4. Signature of the director, certified by the seal of the company.
5. In conclusion, the employee certifies the document with his signature.

As a rule, the company's management is trying to negotiate with an unwanted employee about leaving the position of his own free will. But, if the manager and the subordinate cannot reach agreement, then dismissal at the initiative of the employer will not be avoided.

What is the difference between the form of the order to dismiss the T-8 from the T-8a?

If you need to dismiss one specialist, you need to enter the information in the T-8 form. When several specialists are released from work, the T-8a form is applied.

Form T-8a.

When one employee is released from work, the order to dismiss the employee looks different.

Form T-8.

Both forms are approved by the Decree of the State Statistics Committee No. 1 dated 05.01.2004, but are not mandatory.

Confirmation.

Samples of filling in Ukraine

A similar procedure is in force in Ukraine. The order remains in the personnel department and in the accounting department. It gives reason to settle accounts with a specialist.

Form No. P-4 is applied, which was introduced by the State Statistics Committee of Ukraine in December 2008, No. 489. It will also not be a mistake if the document is filled in in any form. The employee, by his signature, agrees to be dismissed from office. The basis for dismissal from office indicates the article of the Labor Code.

Labor relations can periodically end, with the initiators of both the employees themselves and the employer. Sometimes they agree among themselves and stop valid contract on mutual consent... The legislation, regardless of the reason for the termination of these agreements, establishes the obligatory execution of such a document as an order of dismissal.

This document prepared by the personnel department on the basis of the received or appropriate order of the management. In this case, in the second case, it is necessary to comply with defined by law procedures.

For example, upon dismissal for disciplinary offense(absenteeism), a dismissal order is issued on the basis of a compiled act, to which a report of the head of the unit is attached, an explanatory note of the employee himself.

The organization can draw up this document in free form on letterhead or use the order of dismissal form T-8. All specialized programs contain a standardized form T-8, adopted by Goskomstat.

The order is drawn up, as a rule, on the final day of work. It is allowed to draw up it in advance (for example, a day in advance, etc.), but then it must be borne in mind that if the termination of the contract occurs on the initiative of the employee, then he is given the right to withdraw the application before the expiration of the warning period (14 days), and therefore will have to cancel and the order itself.

This document is registered and given to the head for signature. Together with him, a calculation note is written out, which is sent to the accounting department for the calculation and payment of all amounts due to the employee. A bypass sheet is also drawn up, which is handed over to the employee so that he visits all responsible officials, and they draw up everything Required documents and checked that the employee was not in arrears.

Upon dismissal, this order is given to the employee for review, after which he signs it. The order is recorded in. At the request of the dismissed, he may be provided with a copy of this order. After you leave, don't forget to cross the employee out.

Dismissal order filling sample

The name of the document, the number of its registration and the date of execution are filled in below.

V next line need to write down the basis of existence labor relations- the concluded contract with the employee, the number and date of registration.

Then the personnel number is recorded, full name. employee, profession and the name of the department in which he worked.

Next column must contain the reason for the termination. It must strictly comply with the article under which the dismissal is made. Therefore, in brackets, as a rule, they always indicate paragraphs, an article of the Labor Code of the Russian Federation.

The document contains information on the grounds for termination current contract... It should be borne in mind that if it is terminated on the initiative of the employee, here you need to indicate the employee's statement and his details, if by agreement of the parties - then his name and details, on the initiative of the employer - the relevant documents of the company.

The order is endorsed by the head of the enterprise, here you need to write down his position and personal data. After reading this order, the employee must sign it and put down the appropriate date.

In cases where there is a trade union body in the organization, then on the order of its responsible official the review is noted and dated.

Nuances

There are situations when employees disagree with termination labor contracts so they refuse to sign the termination order. In this case, specialists personnel service draw up an act, which is drawn up in the presence of several witnesses. Inspector OK at this order makes a note of this with his own hand and attaches an act of refusal to the document itself.

Sometimes there is also a massive termination of contracts at the enterprise. Before the dismissal of such employees, it is necessary to carry out an initial whole procedure, which includes notifying them 2 months before dismissal, periodic notification with a proposal for another job, etc.

In the document being drawn up, at the bottom it is necessary to indicate, and the details of the notifications sent to the employee.

It is also possible to use an order in the form of T-8a, which is designed to dismiss a group of people.

When drawing up a dismissal order (T-8 form), many executives were faced with the question: "What really needs to be crossed out: the line" Terminate the employment contract ... "or the line" dismiss ... " 4 versions of the correct answer, so consider dismissal order and how to fill it out correctly?

The legislation does not give a specific answer on how to correctly fill out the order of dismissal, and there are also no official explanations on this score. As a result, not a single checking authority can say that the order is written incorrectly in this column. On this moment, there are several versions correct design"Problem" lines that experts suggest. When conducting an audit, it is them that you have the right to voice.

How to fill out a resignation order

Most specialists are inclined to believe that it is necessary to fill in both lines of the order column (the date of the employee's dismissal is put at the bottom, the number of the employment contract and the date are written at the top). In this case, nothing needs to be crossed out, since the order form is incorrectly drawn up.

Second version

Prior to the adoption of the Labor Code of labor laws (1992), no labor contracts were concluded with employees. Even after the approval of this obligation, the employees of the previous time could decide for themselves whether they should conclude an employment contract with the employer or not. As a result, there is a version that if earlier an employment contract was not drawn up with the employee, then you need to cross out the phrase “ Terminate the employment contract”By filling in the date of dismissal.

Third version

There is an opinion that termination of an employment contract or dismissal of an employee are completely different things. The term "termination" is used when:

 Fixed-term employment contract (79 article);
 In circumstances that do not depend on the will of both parties (83 article);
 In case of violation of the rules for drawing up an employment contract, which are approved by law (84 article);

The term "termination" is used when:

 Agreement of both parties (78 article);
 At the request of the employee (80 article);
 On the initiative of the employer (81 articles);

"Dismissal", maybe when disciplinary action(Article 192). In this case, if the employment contract interrupts its validity, then it is necessary to fill in the line "Terminate the employment contract ..." in the order and the line "dismiss ..." is crossed out.

Fourth version

The only version that does not cause controversy, namely, is the termination of employment due to the death of an employee. V this case Instructions and TC of Russia are in solidarity. As a result of this, drawing up a dismissal order implies crossing out the line "Terminate the contract ..." - this is either the recognition of the employee as deceased (death of the employee) or missing.

So, having considered all the versions on the topic: “ Dismissal order: how to fill out correctly, we can conclude that the first version is the most acceptable, since the officials made a mistake when creating the order form, in this way, it is preferable to fill in both lines, of course, if the employment contract was concluded with the employer.