Dismissal at one's own request - registration rules and controversial situations. License for traumatic weapons: conditions, procedure for obtaining

The procedure for dismissing an employee is discussed in sufficient detail in the materials on our website. From them you can learn not only about the basic rules of dismissal, but also about how in such cases it is formalized, how it is drawn up, under what circumstances voluntary dismissal is possible, etc.

This time we will talk about the possibility of voluntarily dismissal by proxy.

Procedure for voluntary dismissal - 2017: signature in the application

To terminate an employment contract, an employee must submit an application to his employer (see). Moreover, it must be signed by the employee himself (Article 80 of the Labor Code of the Russian Federation). This signature confirms his voluntary expression of will (paragraph “a”, paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

And if such a resignation letter is signed not by the employee, but by another person on the basis of a power of attorney, will the employer have the right to terminate the employment contract with the employee? The courts come to the conclusion that no (Definition of the Moscow City Court dated 02.14.2013 N 4g/5-595/13, Determination of the St. Petersburg City Court dated 02.11.2011 N 33-16328/2011). Indeed, in this case, the employer cannot check whether the employee really wants to terminate the employment contract. And the Labor Code of the Russian Federation does not provide for the option of dismissal at one’s own request through an intermediary, even if there is a power of attorney.

The procedure for dismissal at one’s own request with the participation of an employee’s representative

Let’s say that an employee wrote a resignation letter of his own free will. Can another person perform further actions for him, namely, receive a work book for him and the payments due to the employee?

The work record book of a dismissed person on the basis of a written power of attorney can also be issued to his representative. By the way, the Supreme Court of the Russian Federation did not see anything reprehensible in one of the cases considered (

In most cases, termination of an employment contract occurs at the initiative of the employee. To do this, it is enough to submit an application for resignation of your own free will - in 2017 there are no problems with this. According to current legislation, after this the employee will have to work for 14 days. Or leave on the same day, in agreement with management.

Deadlines for filing a resignation letter

The first step is to resign. The legislation does not stipulate requirements for filling it out, but it is better to use clear wording. For example, " I ask you to fire me on July 20» clearly indicates the last day of work. Option " I ask you to fire me as of July 20» – gives the employer the opportunity to fire on the next day after the specified date.

The Labor Code (Part 1, Article 80) obliges the employee to notify the employer of his resignation no later than 14 working days. This period is necessary to find a replacement and transfer the cases. Sometimes it happens that an employer agrees to a meeting and fires an employee without completing the specified period.

Deadlines no later than which a notice of resignation must be submitted

Also, the employer must dismiss the employee within the period specified by him in the event of:

• if he cannot continue to work due to retirement, start of full-time studies, etc.;
• violation by the employer of local regulations, labor legislation, etc.

Important! The employee has the right to change his mind and withdraw his application for dismissal even on the last day of the established two-week period.

If an employee changes his mind about leaving and decides to continue working in the organization, then dismissal is not carried out. An exception may be a situation when another specialist has already taken his place, transferred from another organization.

If a citizen decides to resign after the next vacation and writes a corresponding statement, then he can withdraw it only before the start of the vacation.

Dismissal procedure

Once the application has been accepted, the dismissal procedure begins. The HR department must prepare an order and make a corresponding entry in the work book with the wording: “at its own request”, “at the initiative of the employee”. On the last working day (day of dismissal), the employee signs the order.

By the last working day, the accounting department must prepare a salary certificate for the last two years. It is necessary for calculations at a new place of work. A resigned employee has the right to apply for such a certificate even after his resignation - the employer is obliged to prepare it within three days from the date of the written request. The accounting department also prepares a document about all payments to the Penfund made during the employee’s employment.

In addition to documents, on the last working day the resigning specialist is due a salary, compensation for unused vacation, if any, and other payments.

Important! Depriving a departing employee of the bonus due to him or her is discrimination.

After all, the person receives a work book. The entry on the termination of the employment relationship includes: serial number, date of dismissal, reason (Article 77 of the Labor Code of the Russian Federation describes various options for terminating the employment contract), the name of the document (order) on the basis of which the employment relationship is terminated and this entry is made.

Calculation procedure

The final calculation includes: salary for the last month, payment of unused vacation (if any), other payments.

If the employer refuses to pay compensation for unprovided leave, the employee has the right to contact the labor inspectorate. In this case, the culprit will face a fine of up to 50 thousand rubles.

If the employer pays the money due late, he will also be required to pay additional compensation in connection with the delay in labor payments.

13Dec

Hello! Today we’ll talk about voluntary dismissal.

Life circumstances sometimes develop in such a way that there is an urgent need to leave your favorite job. We will look at how to do this in the shortest possible time in this article!

The procedure for dismissing an employee on his own initiative

This can happen for a variety of reasons:

• Moving;
• Pension;
• Finding a better job and many other reasons.

For such cases, termination of employment relations is provided at the initiative of the employee (Article 77 of the Labor Code of the Russian Federation).

At your own request.

So, our employee Ivan decided to quit.

Article 80 of the Labor Code of the Russian Federation provides the basic information necessary for an employee to be properly dismissed.

For the broadest and most complete understanding, we will describe all the actions point by point, based on this article:

1. You must express a desire to quit.

Ivan’s desire must be voluntary and not under duress, otherwise the dismissal can be challenged in court and Ivan reinstated in his position.

Ivan’s responsibilities, having decided to resign, are to notify his boss 14 calendar days before the date of dismissal.

What should be in the official document for dismissal:

1. Full name of the employee;
2. Job title;
3. Date of document preparation;
4. Please resign at your own request;
5. If working out the 2-week period is impossible, then there is another reason:

• There is no possibility to continue working (studying at an educational institution, retirement);
• If the employer violated labor laws and other legal norms.

As can be seen from the article, the list of reasons is open, and any other circumstance can be valid.

So, here is the application Ivan submitted:

Scan the document. On your copy, ask to put the incoming number, date and signature of the person authorized to accept such documents. This will protect you from possible unpleasant moments, such as loss or destruction of a document.

In case of refusal to accept the application, the best option would be to send the application using the services of a courier service, or by registered mail with an inventory and notification. This will protect you from deadlines in case of a conflict with your boss.

3. We warn about dismissal.

The 2-week period is not set for everyone, there are exceptions. For example, for:

• Head of the organization. He must notify about the upcoming termination of the contract at least 1 month in advance,
• Probationary trainee - no later than 3 days in advance.

Please note: The period includes working and non-working days.

And by agreement with the employer, you can completely skip the working period or terminate the employment relationship at any time.

Also, if an employee falls ill during the working period, the warning period is not interrupted.

4. We determine the moment of termination of the employment relationship.

Ivan decided to quit on March 15, which means that his two-week work period begins on the 16th, ending on March 29. It turns out that on March 30, Ivan can safely not come to work, even if his application still does not have his boss’s signature.

Please note: if Ivan changes his mind about quitting, then the employment contract continues to be valid. Except for the case when a new employee has already been invited to Ivan’s position. If this does not happen, then Ivan should make a note on the application he submitted that he has decided to continue working in his favorite company, or submit a separate application about this. No verbal “I changed my mind!” not allowed. Written notice only.

5. We receive a dismissal order.

But our Ivan did not change his mind about quitting and on March 29 he received a dismissal order against signature.

Then he goes to the accounting department where he once worked and receives a certificate of his salary for the last 2 years. This certificate is required to calculate benefits from a new employer.

On the same day he receives a work book and a full cash payment. It is also mandatory that he is given copies of the documents required by the dismissed employee.

What should be written in the work book

This is what should be indicated in the employee’s work book:

• Record serial number;
• Date of dismissal;
• Reference to paragraph 3 of Article 77 of the Labor Code;
• The wording “dismissed at his own request” or “dismissed on his own initiative”;
• Signatures of the HR department employee and the dismissed employee;
• Seal of the organization.

Payroll

The salary is paid in full, including unrealized vacation. In case of untimely payment, the employer must pay the entire salary, as well as interest for late payment (Article 236 of the Labor Code of the Russian Federation).

Vacation followed by dismissal

With the consent of the employer, the employee can go on paid leave with subsequent dismissal. No work will be required. All payments to the employee must be made on the last day of work. And the day of dismissal will be considered the last day of vacation.

But if an employee changes his mind about resigning, you can withdraw your resignation letter before the day the vacation begins and provided that there is no employee invited to take his place.

Dismissal of pensioners at their own request

Labor legislation provides for a retirement age. Men can go on legal holiday at 60 years old, and women at 55 years old.

But not all pensioners want to leave their place of work; they also have the right to continue working at their previous workplace. Pensioners have the exclusive opportunity to resign without working at any time, indicating the reason - reaching retirement age.

An employer does not have the right to transfer a pensioner to a fixed-term employment contract from an open-ended one, or transfer him to another place of work without his consent.

An employer can fire a pensioner only in case of absenteeism, liquidation of the organization, by agreement of the parties.

Also, a pensioner can take advantage of paid leave with subsequent dismissal.

In general, the procedure for dismissing pensioners at their own request is the same as for all employees.

Dismissal of the director at his own request

Let us remind you that the head of the organization is obliged to notify about his dismissal at least one month in advance. It is necessary to warn the highest body of the LLC about this, since it is the employer of employees and managers. The director should convene a general meeting to elect a new candidate for the post of director. Participants are notified at least 30 days before the meeting.

Notice of convening a general meeting will also be considered notice of dismissal.

All participants can be notified of dismissal only at a general meeting. The manager must work for two months in the same place: one month from the date of notification of the convening of the general meeting and a month after the date of the general meeting.

At the meeting, the participants determine the new leader and the date of his assumption of powers. It follows that the director’s last working day may be the date indicated in the application or the date after 1 month allotted for notice of dismissal. Also, by agreement with the participants, any date for the dismissal of the previous manager can be adopted.

It is possible to leave your post within a shortened period of time, indicating a valid reason.

Important! If you are forced to resign, you must go to court. Use a dictaphone recording or testimony of colleagues as evidence. The employee will not incur legal costs; he is exempt from them.

During your last working days, perform your duties conscientiously so that you cannot be subject to disciplinary action or dismissal.

Many working citizens of our country, if they want to change jobs, go through a procedure such as dismissal.

The least conflicting option in this case for both parties is the employee’s own desire, so this is the one that occurs most often.

Regulations under the Labor Code of the Russian Federation

The procedure for an employee to leave his position, as well as other relations between the employee and the employer, are regulated by the Labor Code. In particular, dismissal at the request of a worker is regulated by Article 80 of the Labor Code.

An employee can terminate both a contract and a contract for an indefinite period - this will not affect the procedure in any way.

The head of the HR department bears full responsibility in case of violations - it is he who is obliged to control this process.

It is important to know that even if an employee wrote a statement on his own initiative, but there are circumstances specified in Article 81 of the Labor Code of the Russian Federation, the employer has the right to dismiss him on these grounds and make an appropriate entry in the work book.

Detailed information about this procedure is given in the following video:

What does the employee need to do?

After making a decision to dismiss an employee, the latter must draw up. It can be drawn up either in handwritten or printed form. The document specifies the following points:

• Full name and position of the applicant.
• Full name of the manager and name of the organization.
• The text itself, as a rule, is written in free form, but the essence does not change - it states a request to dismiss from your position at your own request, and indicates the date that should be considered the last working day.
• At the end of the application, you must indicate the date it was submitted and a signature with a transcript.

It is important to know that according to current legislation, an employee is obliged to notify the employer of his desire to resign. at least 14 days in advance(by agreement of the parties this period may be reduced).

Is it possible to withdraw an application?

Before the expiration of the service period, the employee can withdraw the application he has written at any time. To do this, you must inform your employer of your intentions in writing. The review is also issued in the form of a statement - in it you need to express a request for the recall of a previously written document, put a date and signature. The reason why the employee’s decision was changed does not need to be indicated.

If there is a possibility that the review may be lost, you must do the following:

1. Make it in two copies or make a copy of an existing one.
2. Give one copy to the secretary or HR specialist to transfer it to immediate management, asking to put a date and signature on the copy remaining with the employee. Some organizations have incoming stamps for incoming correspondence - this will also work, but the date and signature will be required in any case.

Dismissal in this case is not carried out provided that another employee is not officially invited to this position. If this invitation exists, then the employer’s refusal will be completely lawful. Refusal can be expressed either in writing or orally.

Can an employer refuse?

Sometimes a situation may arise that an employer refuses to accept an employee’s application. The reasons can be very different, but the main ones are ignorance or neglect of current legislation. Refuse an employee to accept his application the employer has no right.

In cases where such a situation does occur and management refuses, it is recommended to send a letter of resignation by mail and count 2 weeks from the date of delivery. After 14 days have passed, you can stop working in this organization.

If, after the due date has passed from the moment management received the paper, the employee has not received a work book and a paycheck, then he has the right, which is authorized to resolve these and other issues related to labor relations.

Procedure for registering dismissal

The termination of the employment relationship is formalized. This document is usually called an “order of dismissal from position.”

The employee must be familiarized with this document upon signature. If necessary, he may demand that a copy be given to him (it must be properly certified). If for some reason the employee cannot (or does not want) to put his signature on the order, then the employer records this.

On this day, the employer is obliged to give the resigning person not only (containing the record necessary in these cases), but also to deal with him, namely:

• accrued salary.

If the manager does not make all the necessary payments to the employee within the period established by law, the latter has the right to contact the labor inspectorate with a statement about the fact of violation of his rights, and the responsible persons will be punished in accordance with the sanctions of the articles under which they will be prosecuted.

Employer's liability

In case of failure by the employer to comply with its obligations related to the payment of wages (including calculations), both administrative and criminal liability are provided - these provisions are regulated by Part 1 and Part 4 of Art. 5.27 Code of Administrative Offenses of the Russian Federation, as well as Art. 145.1 of the Criminal Code of the Russian Federation (depending on the circumstances).

To bring the employer to administrative liability, the employee must submit an application to the labor inspectorate, to the criminal inspectorate - to the police department (you can also duplicate the application to the prosecutor's office of the district in whose territory the employer is located).

Documents to be processed

In case of dismissal, the employee must be given a package of documentation consisting of:

• A work book with an entry made in it. The employee signs about its receipt in a special journal, as well as in. Employee personal cards, like work books, are usually stored in the human resources department and filled out by authorized specialists.
• Certificates of salary for the last three years.
• for the current year.
• Information about the amount of payments and other remuneration and the insured person.

In addition, upon written application from the employee, he will need to be issued other documents related to his professional activities.

Entry in the work book

At most enterprises, all the necessary entries in the labor record are made by a specialist from the human resources department or the head of the organization (if the company is small and the staff does not provide for this department).

When an employee is dismissed on his own initiative, it is entered in the book that he was dismissed at his own request in accordance with the procedure Article 77 of the Labor Code of the Russian Federation. In addition, there must be a seal of the organization, the date, as well as the position, signature and full name of the person who made the entry.

Thus, the filling algorithm is as follows:

1. The serial number under which the recording is made.
2. Date of dismissal of the employee (DD/MM/YYYY).
3. Reason for dismissal with reference to the article.
4. Order number and date when it was issued.

The entry is made directly into the work record or into an insert of the established form.

When can you not work?

Work is considered to be the period starting from the moment the employer accepts the employee’s application and until he completes his work activity in this company. It usually lasts 14 days, but there are a number of exceptions.

An employee is exempt from working under the following circumstances:

• If he is enrolled and starts studying at an educational institution.
• The dismissal is related.
• A violation of labor legislation on the part of the employer was established.
• The employee moves to another area (this fact must be confirmed with an appropriate certificate, for example, a note on deregistration).
• The employee's spouse is sent to a new duty station abroad.
• An illness due to which the employee cannot continue his work activity (in this case, a medical certificate is required).
• Availability of a medical certificate stating that the employee cannot live in the area.
• If the employee needs to care for a disabled child or a child under 14 years of age.
• Due to the need to care for a disabled person of group 1 or a sick family member (also confirmed if there is a conclusion from a medical institution).
• If the person has a disability.
• If the employee has three or more dependent children under 16 years of age or students under 18 years of age.

All of the above circumstances must be documented.

Other nuances

During sick leave

An employee while on sick leave can also submit a letter of resignation by notifying the employer 14 days in advance. If they have already written this document and submitted it to the employer, there is no need to draw up a new one.

Period of stay on sick leave included in the working period- thus the dismissal date does not shift. The employer, in turn, does not have the right, on his own initiative, to force the employee to work this period after recovery.

During probationary period

If the person who wishes to resign is located, then The working period for it will be 3 days.

The employee must also notify the employer of his intention in writing. in 3 days. In this case, the manager has no right to insist on increasing the term.

Financially responsible person

If the person who leaves the company is a person, there are a number of features:

• The employer has the right to demand an inventory. It cannot be deliberately delayed - it should not exceed the working period, which is calculated according to the general rules.
• In addition to taking inventory, the employee is obliged to transfer all valuables in his possession for official reasons to another financially responsible employee. For these purposes, an act is drawn up in which everyone who was present at the transfer procedure is signed. The document must also be signed by the head of the organization.

In addition to the above points, the procedure for dismissing a financially responsible person is no different.

Pensioner

First of all, you should know that retirement age cannot be a reason for dismissal at the initiative of the employer. If the employee decides to leave of his own free will, the procedure is slightly different:

• A pensioner can leave without working if his dismissal is due to health reasons.
• A pensioner works the required 14 days if he already has a note “in connection with retirement” in his work record.

Chief accountant

Upon dismissal, the chief accountant is obliged to transfer all matters in accordance with the act. This procedure is also accompanied by a mandatory check of the status of all documents and reports submitted to them.

The terms of work remain unchanged - they are also 14 days.

General Director of LLC

The decision to appoint or dismiss a director is made by the general meeting of founders. If the director wants to leave, he must first notify (at least in 1 month) general meeting of a legal entity in writing, to which the application itself must be attached.

These documents are sent by registered mail with notification and inventory. After which a meeting is organized, and the dismissal procedure itself is carried out with the issuance of a work book.

What to do if you are forced to resign voluntarily

Often, the employer tries to force the employee to write a letter of resignation on his own initiative. There can be many reasons - from the lack of ability to pay sums of money during layoffs, to personal hostility.

Whatever the reason, these actions are illegal towards the employee. An employer only on the grounds specified in Article 81 of the Labor Code of the Russian Federation (it contains a complete list of circumstances under which an employer can lay off a worker without his consent).

Thus, if a manager asks an employee to resign of his own free will, there is a high probability that he does not have legal grounds.

If an employee is under pressure and regularly receives urgent requests to resign, but he does not want to do this, he has the right to contact the labor inspectorate with a statement about the fact of illegal actions on the part of management. If possible, you need to attach additional evidence - an audio recording of a conversation with the manager, explanations from company employees familiar with the situation.

If the employer, despite the lack of grounds, terminates his employment, the employee has the right to go to court to restore his rights.

Sometimes citizens wonder under what article they are fired at their own request? Some people still confuse the procedure for terminating a contract (Article 80 of the Labor Code of the Russian Federation) and the basis for dismissal (Clause 3, Part 1, Article 77), and sometimes even remember the Labor Code, which has not been in force since 02/01/02. Let’s answer this question.

Options and methods for terminating a working relationship are discussed in detail in Art. 80 Labor Code of the Russian Federation. At the same time, the most common reason for dismissal is termination of the working relationship at the initiative of the employee (clause 3, part 1, article 77 of the Labor Code of the Russian Federation). According to this basis, an entry will be made in the form. This is stated in.

What rules on voluntary dismissal does the Labor Code contain?

Let's talk about the standards contained in the Labor Code of 2016. Dismissal at one's own request has to be formalized quite often. According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate on his own initiative any contract - fixed-term or concluded for an indefinite period. The decision to terminate it is made by him at his own discretion. Any coercion by an employer of a citizen to exercise this right is unacceptable.

If an employee decides to leave the company, he must notify the employer about this by submitting a written statement to him. According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, this must be done no later than 2 weeks, unless another period is provided. Having received the application, the employer cannot refuse to satisfy the worker’s request. Termination of the contract will be carried out in due time. The employer does not have the right to change the date of the last day of work indicated in the application. The next day after the manager receives the application, the period of notice of dismissal begins to count (Part 1 of Article 80 of the Labor Code of the Russian Federation). At this time, the so-called “working out” begins, during which the employee must perform all his work duties.

The employer and employee can agree to terminate the working relationship without working off. The employer’s consent to this can be expressed by the inscription on the document: “Dismiss (date) in accordance with the application.”

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