The procedure for dismissal at the employee's own request - reasons, sample application and calculation procedure. Dismissal and Labor Code

All issues related to labor relations in the Russian Federation are regulated by the Labor Code of the Russian Federation. Dismissal from work is essentially the termination of an employment contract.

It is widely believed that dismissal means that an employee is fired at the initiative of the administration of the enterprise or institution where he works, for some kind of offense (absenteeism, non-performance of work duties, systematic delays, etc.).

Dismissal is interpreted by the Labor Code as termination of labor relations:

• on the initiative of one of the parties, that is, it can be either your desire or the order of the employer;
• by agreement of the parties, when, for example, they are not satisfied with any working conditions and the manager cannot change them;
• in some cases, dismissal may occur due to the prevailing circumstances that do not depend on your desire and the will of the head of the enterprise or institution.

In what cases the dismissal of an employee does not violate the norms of labor legislation is stipulated in the thirteenth chapter of the Labor Code of the Russian Federation. The Labor Code of the Russian Federation considers all the grounds on which labor agreements can be terminated, but at the same time there are cases when dismissal occurs on the basis of Federal laws of the Russian Federation, and in some cases - under the conditions provided for by an employment contract.

Dismissal under article of the Labor Code of the Russian Federation is most often a compulsory measure if it occurs at the initiative of the employer. So, for reasons beyond the control of the head, you will be fired under Article 81 of the first part of the Labor Code of the Russian Federation upon liquidation of the enterprise where you work, and this is also possible with a reduction in staff.

Moreover, this is possible both when working in a state institution, and if you work in a private enterprise, in the event that the enterprise is declared bankrupt, and the entrepreneur who is the founder of the company has died. That is, the enterprise can be completely disbanded, or the management can be completely changed.

In cases where there is a change of the head of the company, persons may be dismissed from their position, in accordance with paragraph 4 of Art. 81 of the Labor Code of the Russian Federation relating specifically to the management staff of the enterprise. These include deputy chief executive officers, chief accountant and his deputy. This item does not apply to the rest of the workers.

If you look at it, then all layoffs occur under some article. Articles 77 - 84.1 of the Labor Code of the Russian Federation provide for all legal grounds for termination of labor relations and dismissal.

The procedure for voluntary dismissal in 2017 differs from the earlier dismissal under Article 31 of the Labor Code of the Russian Federation. According to the Labor Code, dismissal at your request could only take place if there were compelling and valid reasons. They were equated with: serious illness, permanent disability and assignment of a disability group, or if the employer grossly violated the terms of the employment contract.

Grounds for dismissing an employee

The reasons why you are fired from the enterprise or institution where you work must be justified. It doesn't matter if you quit of your own free will, or you got fired for absenteeism. Consider the general grounds for dismissal provided for by the Labor Code of the Russian Federation in Article 81, when they are dismissed without asking your desire:

1. In the event of the termination of the enterprise and its liquidation. The basis in this case will be the decision of the court to declare the bankruptcy of the enterprise.
2. With the reduction of the staff, which can contribute to the exit of the enterprise from the current crisis state at the stage of bankruptcy or its reorganization.
3. Inappropriateness of the employee for the position held. These conclusions can only be made by the attestation commission of the enterprise.
4. Change in the owner of an enterprise (applies to privately owned enterprises and companies). The dismissal usually concerns the management team. The new manager, as a rule, changes his deputies and the chief accountant, this has nothing to do with the workers.
5. For systematic violation of labor discipline. That is, having, for example, a reprimand for being late, the employee continues to be late for work.
6. For absenteeism, which is equivalent to being absent from the workplace for more than four hours. Absenteeism can be confirmed by a report drawn up in the name of the head of the enterprise, an act of examination of the workplace signed by a representative of the personnel department and several employees.
7. Drunkenness in the workplace. Being drunk at work is recorded by a medical examination. If the employee refuses to undergo examination, an appropriate document is drawn up signed by witnesses. Drunkenness must be documented so that the dismissed person does not subsequently file claims for his illegal dismissal and, in the absence of documents, was not reinstated at work.
8. Theft, disclosure of official secrets, not intended for distribution, is fraught with dismissal by order (order) of the head of the enterprise (institution or organization).
9. For non-observance of elementary labor protection rules, which entailed significant consequences both for the enterprise and for other employees.
10. For significant losses caused to the company as a result of the employee's activity.

When the enterprise is sometimes "scared" to dismiss under Article 33, it should be noted that Article 33 of the Labor Code of the Russian Federation does not provide for dismissal at all. From old memory, although the Labor Code of the Russian Federation entered into force in 2002, people who worked earlier remember that the dismissal of the Labor Code of the Russian Federation provided for absenteeism, drunkenness, and other disciplinary violations under Article 33, that is, it is assumed that you will be fired with a negative entry in work book, which is not very conducive to further employment. Therefore, often, in order not to spoil the reputation, so to speak, Article 78 of the Labor Code, when dismissing a negligent employee, helps to dismiss him by agreement of the parties.

Do not forget that it is impossible today to dismiss, referring to the Code of Laws on Labor of the Russian Federation. Now all the grounds provided for by the Labor Code of the Russian Federation for dismissal under Article 33 are defined in Article 81 of the Labor Code of the Russian Federation.

Upon dismissal by order of the head of an enterprise (institution), persons who:

• are on vacation (regular, maternity, free);
• absent due to training or business trip;
• are undergoing treatment (both outpatient and inpatient).

Dismissal on the initiative of the employee was enshrined in the Labor Code in the first part, paragraph 3, article 77, which provides for dismissal on your initiative with the notification of the employer 14 days before leaving. If you have an employment contract for a specific period, you need to notify your superiors three days before dismissal so that you have time to find a replacement.

The main conditions for dismissal of your own free will should be your will and a written statement, which will serve as the basis for dismissal.

In addition to the above reasons for dismissal, there may still be many of them:

• expiration of the term of the employment contract;
• transfer to another place of work;
• conscription into the country's armed forces;
• the ban imposed by the court to hold certain positions and so on.

Most importantly, do not forget that all dismissals must be documented and the entry in the work record of the dismissal must have a link to a specific article of the law.

Documenting the dismissal

The Labor Code of Russia in Article 84.1 establishes the procedure for how to properly formalize a dismissal, so that later there are no doubts about the legality of termination of labor relations.

First of all, the writing of a dismissal order is preceded by the preparation of documents that are the basis for the termination of labor relations. This includes a statement by the employee himself, a memo (if he is dismissed for violations), the conclusion of the commission on the inconsistency of the position held, and the like, depending on the reasons for which the employee is dismissed. On the basis of the available documents, an order (order) is issued signed by the head of the enterprise (institution).

The dismissed employee must be familiarized with him without fail under the signature. In cases where it is not possible to familiarize with the order, for example, in the event of the death of an employee, or he refuses to sign, the employee of the personnel department makes a corresponding entry on the order itself. The last day of work is the day of dismissal.

A work book with a note of dismissal is issued to the employee on the last day of his work. On the same day, all calculations are made with him. If necessary, and a written statement of a dismissed employee, he may also be issued with documents related to the company from which he was dismissed and his work activities.

Such documentation includes: an order for employment, transfers during work, certificates of average wages, on the calculation of insurance premiums, and others.
If the dismissed employee refuses to take the work book, or is simply absent, an act is drawn up in writing, signed by three witnesses.
To prevent the head of the enterprise from being held accountable for the delay in issuing a work book, a registered letter with a notification is sent to the dismissed person, in which the administration of the enterprise asks to come to the personnel department for documents or give permission to send the documentation by mail. The corresponding entries are made on the personal card of the dismissed employee in the form of T2, in the timesheet and in all accounting documents.

Payment of benefits

Art. 178 of the Labor Code of Russia provides for the payment of benefits upon dismissal of employees:

1. In connection with the liquidation of the enterprise or the reduction of staff, the allowance is paid in the amount of the monthly salary, and the average salary continues to be paid for a maximum of two months before the date of employment.
2. In case of violation by the head of the working conditions stipulated in the employment contract.
3. Upon dismissal of the deputy heads and chief accountants in the event of a change in the owner of the enterprise.
4. In the amount of two weeks' earnings, an allowance is paid if the employee is dismissed due to refusal to transfer to another job for health reasons, or the manager cannot provide working conditions according to a medical report for health reasons.
5. The employee refused to be transferred to another area.
6. Due to changes in working conditions.
7. If the employee is completely disabled.
8. The terms of the employment agreement under which he was hired have been changed.

In addition, the employer can increase the list of who receive dismissal benefits and the amount of these benefits. Unused vacation days (vacation compensation) upon dismissal and actually worked days of the month in which the employee leaves the job must be paid without fail. If there are wages in arrears, they must also be paid off on the last day of work.

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Common grounds for termination of an employment contract between an employee and an employer may be as follows:

1. Agreement of the parties. Dismissal on this basis is governed by Art. 78 of the Labor Code of the Russian Federation. For this reason, any employment contract can be canceled. To do this, you need to sign an agreement between the employee and the employer, which will detail all the nuances of dismissal.
2. The expiration of the term of the employment contract. Dismissal on this basis is governed by Art. 80 of the Labor Code of the Russian Federation. Having concluded a fixed-term contract with the employer, the employee must be prepared for the fact that the contract will expire and the employer can fire him. This is a sufficient reason to terminate the employment relationship. However, there is an exception - if the term of the employment contract has expired, but none of the parties "remembers" about it, and the employee continues to work, then the terms of the term of the contract lose their legal force and the contract becomes concluded for an indefinite period.
3. Employee initiative - Art. 80 of the Labor Code of the Russian Federation. The employee has the right to resign of his own free will. To do this, you need to notify the employer 2 weeks in advance. If the employee is on probation, then for 3 days. It is not necessary to obtain permission from the employer to dismiss on this basis, you just need to properly notify him. You need to be sure that the employer has received the employee's application. It is necessary to write 2 copies of the application and one must be marked with admission. Even if the employer does not agree with the dismissal of the employee, with such a notification, he will not be able to challenge it in court.
4. Employer's initiative - Art. 81 of the Labor Code of the Russian Federation. The employer can also take the initiative and fire the employee. There are several reasons for this, including the culpable actions of the employee. Dismissal on the initiative of the employer must be formalized properly - the employee must be notified, familiarized with the orders and orders of the employer. If the employee's wrongful actions led to the dismissal, then an investigation must be carried out in accordance with applicable labor, administrative and civil legislation. Incorrectly executed dismissal of an employee at the initiative of the employer is the basis for challenging the dismissal in court. For example, an employer can cut staff or headcount. At the same time, he must notify the employee 2 months in advance, offer him a vacancy that corresponds to his qualifications and work experience. If the employee refuses, then the employer has the right to fire him, paying him severance pay and compensation.
5. Transfer of an employee to another employer, or his election to an elective position. An agreement may be concluded between two employers, according to which the employee can transfer to change the place of work. At the same time, the employment contract for the “old” employer is terminated, and for the “new” one it begins. The transfer initiative can come from both the employee and the employer.
6. The employee's refusal to continue his employment relationship if the terms of the contract have been changed in some way. A legal entity may change the owner of the property or a restructuring may occur, which led to some changes in the terms of the employment contract in a unilateral manner that does not violate the law. If the employee refuses to comply with the new terms of the contract, he may be fired.
7. Refusal of the employee to move to a new workplace in another locality together with the employer. When moving to another area, the employer must notify employees. Refusal to move is the basis for termination of the employment relationship;
8. Circumstances that do not in any way depend on the will of the parties. Such circumstances may be the conscription of an employee to military service, the beginning of studies at a higher or secondary vocational educational institution, his detention in connection with the opening of a criminal case or other reasons that make it impossible to continue the employment relationship;
9. Violation of internal regulations or labor discipline. Such violations include absenteeism without a valid reason, appearance at the workplace in a state of alcoholic or drug intoxication, or other violations.

Dismissals for the above reasons must be justified and not fictitious. If the grounds for dismissal are the guilty actions of the employee, then they must be proven and supported by documents.
A properly executed dismissal under the Labor Code of the Russian Federation 2018 is an obstacle to challenging it in court.

According to the legislation of Russia, each employee has the right to transfer / dismissal / transfer, incl. on their own initiative. These issues may be regulated by Articles 70-84 (section 13, chapter one). They may also provide for the calculation procedure, guarantees (including financial), the procedure for registration (conclusion or termination of the contract, fulfillment of obligations, etc.) and the deadlines for submitting documents.

Dismissal at will, Article 77 of the Labor Code of the Russian Federation

The most detailed description of the procedure and reasons for dismissal is described in Article 77 of the Labor Code of the Russian Federation. For example, the initiative of both the employer and the employee himself is possible. In the first option, the employee is paid compensation provided for at the legislative level.

In the body of the work book, the employee of the personnel department must indicate the reasons and date of dismissal.

Is there a severance pay?

Compensation (payments) is due if there has been a reduction or closure of the organization (liquidation). In this option, the employee is reimbursed for damage in the form of earnings (average), until the next employment (no more than two months).

In other cases, the employee receives compensation only for the vacation (unused). According to judicial practice, if the employer does not follow these steps (violates the instructions), he will face more substantial costs.

Termination of the contract: general grounds

According to Art. 77 of the Labor Code of the Russian Federation, the reasons why it is possible to terminate the relationship (apply for the termination of activities) may be:

• agreement;
• medical indications;
• expired contract (labor);
• personal initiative of the employee;
• employer / employer requirement as provided by law;
• transfer (another position (or refusal from it according to medical indications), another owner);
• the employee's refusal to accept changes in the new agreement, incl. transfer / transition;
• due to independent circumstances (from either side).

Article 77 of the Labor Code of the Russian Federation with comments 2016 dismissal of employees

The comments indicate that it provides general provisions for the termination / termination of agreements (labor) between the parties and can be applied to various categories of workers (supplemented by other laws). The latest edition includes additions: part three of this article has the status of "invalidated".

P 3 h 1 article 77 of the Labor Code of the Russian Federation

Article 77 p 3 of the Labor Code of the Russian Federation and No. 80 of this Code have a similar content (does not differ, however, No. 80 is explanatory), however, according to the law, No. 77 is entered into the labor code as a reason, since No. 80 only describes the accompanying conditions.

For health

According to this criterion, two options are possible: the initiative of the employee or the employer / employer. In the latter case, a medical justification (documents) is required. On this occasion, an order is created (a sample can be downloaded from our link, in which you can write the necessary data), and the employee is removed from his duties. In other versions, the workplace is retained for him (for caring for a child 1.5-6 years old, for example).

Without working off, by agreement of the parties

After submitting the application, the employee works for 2 weeks and then receives the payment. However, sometimes the employer releases the employee even without the obligatory labor service under the Law. Otherwise, days that have not been worked can be considered truancy with the subsequent entry into work.

Clause 1 part 1 article 77 of the Labor Code of the Russian Federation entry in the labor

P 1 h 1 of article 77 of the Labor Code of the Russian Federation is responsible for dismissal as agreed by the interested parties. According to this criterion, the contract can be terminated at any time, as indicated by No. 78 of the current Code.

Expiration: order, compensation

More details about the conditions for this criterion are described in No. 79 of the Labor Code, according to which the worker must be notified by the organization 3 days before the end of his term. Exceptions: fixed-term contracts, job vacancies and seasonal work agreements.

You can download the text of the article

Changing working conditions: when to inform an employee

According to No. 73 of the Labor Code, when working conditions (technological, operational, etc.) change, as well as payment, the worker must be notified by the enterprise in this regard 2 months before the latter come into force.

According to article 80 of the Labor Code, voluntary dismissal occurs at the initiative of the employee for various reasons: a new proposal, a move or other circumstances. This procedure for terminating the contract is today considered one of the most conflict-free. The reason is that, unlike the case initiated by the employer due to absenteeism or layoff, no arguments are required, a special procedure and increased compensation payments are not required. Although the procedure for dismissal is simple, it still has its own rules.

Under what article is dismissed at will

Article 80 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation) entitled "Termination of an employment contract on the initiative of an employee (at his own request)" discusses in detail the procedure and rules for this procedure. They relate to reasons, deadlines for filing a petition and cases of termination of work before the expiration of the warning period. In addition, the article contains information on the withdrawal of the application.

The procedure for dismissal of your own free will

Any employee, including a pregnant woman, in accordance with paragraph 3 of Article 77 of the Labor Code of the Russian Federation "General grounds for terminating an employment contract", has the right to resign on his own initiative due to various circumstances. To do this correctly, it is important to know the specifics and rules for terminating an employment contract. This will prevent conflicts with the employer and other problems that will drag out the process for a long time.

Dismissal terms

According to the general rule of Article 80 of the Labor Code of the Russian Federation, the employee must notify the employer in writing about the dismissal by submitting an application to his name 2 weeks before the intended departure. This period begins to count on the next day after the registration of the application. It is important that the application is registered, otherwise the working period may be postponed. Other rules for dismissing an employee at will:

• the two-week period can be canceled by written agreement between the employee and the employer;
• the law does not oblige the employee to be at the workplace during these 2 weeks (you can go on vacation, on sick leave);
• the general rule of two-week work has exceptions (for a trial period - 3 days, and for a managerial position - 1 month).

The manager has no right to refuse an employee. If this happens, then the employee should know that this is a violation of the law by the employer. Then the application is drawn up in a standard form and sent by mail with acknowledgment of receipt. This way you will know when the employer has received the documents. After 2 weeks, you can stop working in the organization. After this period, the employee must be issued a work book and calculation. Otherwise, he has the right to contact the inspectorate dealing with such illegal situations and labor disputes.

Dismissal letter

The first thing an employee should do is to file a resignation letter on his own initiative 2 weeks before leaving. The next day the countdown will begin. The law does not specify the exact requirements, but it should indicate several important points:

1. Surname, name, patronymic and position of the head, name of the organization.
2. Surname, name, patronymic of the applicant, i.e. the employee himself.
3. The text of the statement itself. Includes a request to be dismissed from his position on a certain date (it is better to write, for example, "August 1, and not" from August 1 "). If necessary, the reason for the termination of the contract is indicated.
4. At the end, the date of submission of the application, signature and transcript are put.

Labor law allows you to withdraw your petition. This is done in the same form as the application for dismissal initiated by the employee. The manager has the right to refuse:

• if another person has already been hired in the place of the resigning employee, who, according to the law, cannot be denied a job;
• if the employee went on vacation (he had to withdraw the application before the start of the vacation).

Reasons for dismissal

According to the Labor Code of the Russian Federation, the following cases are considered valid reasons for maintaining the length of service of an employee:

• reaching retirement age;
• the need to move;
• some diseases;
• the beginning of training in a higher or secondary specialized institution;
• caring for a sick family member;
• violation of an employment contract by the employer.

It is not necessary to state the reason, unless it is the basis for any compensation payments or cancellation of the period of compulsory service. In general, you should just write "please dismiss me of my own free will." Additionally, you can specify the reason - "in connection with retirement." Other circumstances are formulated in the same way.

Dismissal order

If the letter of resignation of his own free will does not have a clear pattern, then the order about it is drawn up in accordance with the T-8 form established by law. It is published in 2 copies, one of which remains in the accounting department for calculating material payments. A resignation order is issued at will with certain details, such as:

• code for the all-Russian classifier of management activities (OKUD) - 0301006;
• code according to the all-Russian classifier of enterprises and organizations (OKPO) - it is different for each company;
• name of company;
• the text of the order itself;
• Date of preparation.

Term of working

The standard working period is 2 weeks. It starts the day after the application is submitted. But this period does not always remain. You can not work for 2 weeks if:

• the employer does not see the need for this;
• the employee has good reasons - admission to full-time study, urgent relocation, becoming a pensioner);
• the employer violated the employment contract;
• the employee is on sick leave.

Vacation before dismissal

An employee has the right to resign on his own initiative, even during or in front of a vacation. In this case, the application is written in the same form. More often it contains the phrase "I ask you to grant leave with subsequent dismissal at will." In accordance with article 127 of the Labor Code of the Russian Federation, the last working day is the last day of the vacation. In this case, you do not need to work out for 2 weeks.

List of documents upon dismissal of your own free will

The employee only needs to submit a letter of resignation. In response, he will be issued with official documents from the following list:

• work book with an entry on the basis of dismissal, issued by the personnel department;
• 2-NDFL certificate confirming the amount of income received and personal income tax withheld;
• certificate of payment of wages for the last 2 calendar years;
• information on payments and other remuneration, on the length of service of the insured employee.

Rights upon dismissal of your own free will

Each side has its own rights. For the employee, this is the opportunity to withdraw the application at any time. The employment contract remains in effect if the employee was not dismissed on the last day. The employer has the right to demand from him the full performance of his duties, up to and including dismissal. In case of violation by the head of the labor contract, the employee may not work for 2 weeks, but only if he was able to prove it in court.

Calculation upon dismissal of your own free will

It must be made on the day of dismissal, i.e. the last worker after 2 weeks of work. The final settlement includes the payment of all amounts due to the employee. These include:

• wage;
• compensation for unused weekend vacations;
• payments under an employment or collective agreement.

Sick leave

An employee can apply even if the date of dismissal falls within a period of temporary incapacity for work. The employer has no right to change it. After the expiration of a 2-week period, the management calculates, issues an order with a note that the employee is absent. You can come for documents and amounts due at any time. The only condition for the dismissal procedure is that temporary disability benefits are assigned within 10 days after the sick leave is granted. It will be paid on the next payday.

On holiday

In this case, all calculations and the issuance of a work book in this case are made on the last working day before vacation. The employee writes a letter of resignation of his own free will on the same conditions. In addition to salary, the employee must be issued vacation pay. Compensated payment for unused vacation is already excluded. An employee can get it if he refuses to provide him with rest.

After vacation

If the employee has already used the vacation and decided to quit after it, then he will have to work 2 weeks on a general basis after writing the application. Payments in this case are the same as when leaving work at any other time. These include wages and payments under an employment or collective agreement. If the application was submitted before the vacation with a note of dismissal after it, then the calculation is made on the last working day. At the same time, they issue a work book. If the vacation was provided in advance, then the amount of overpaid vacation pay in the amount of 20% is withheld from the dismissed.

After sick leave

If the employee, after the end of the period of incapacity for work, cannot continue to work, then in the application he refers to this reason and confirms it with documents. In this case, he can be dismissed on the same day with the calculation and issuance of a work book. The person receives compensation for unused vacation, salary and sick leave payment.

Dismissal in one day

If the employee is unable to continue working, the organization is obliged to terminate the contract with him within the time period specified in the application. To do this, you need to provide supporting documents, for example, a certificate from a medical institution about the disease, from an institute on admission, etc. Writing an application, issuing an order and familiarizing with it in case of early dismissal takes place in one day. The calculation can be made no later than the next day, including salary and compensation payments for vacation.

How to properly resign of your own free will

It is important for the employee to know that he has the right to dismiss at his own request, and the employer cannot refuse to accept the application. It is important to do everything according to the instructions so that there are no disagreements. The procedure for how to properly resign includes several stages:

1. Writing a statement. An employee who decides to take such a step must, within a certain time frame, submit an application addressed to the director, indicating, if necessary, the reason for his departure.
2. Issue of an order. After registering the application (this must be followed, and it is better to make a copy for yourself) an order will be generated. It is compiled in a standard unified form. The employee must familiarize himself with the order, put his signature on it.
3. Dismissal. The employer makes the appropriate entry in the work book, the employee signs for it in the personal card. At the same stage, a full calculation is made on the basis of Article 140 of the Labor Code of the Russian Federation.

How to fire an employee of your own free will

The employer must sign a letter of resignation. Next, you need to issue an order in the form of T-8, with which you familiarize the employee. After that, the personnel department and accounting department clarifies information about the period worked out in the current month, the provision of leave, the sick leave period and other information necessary for calculating compensation. On the day of dismissal, a labor is issued with an indication of the reason for dismissal and payment of the due funds.

Video

This article of the Labor Code of the Russian Federation provides for the procedure according to which it is possible to dismiss employees (termination of the employment contract) at the initiative of the employer.
In some cases, it is possible to do this immediately (without any disciplinary penalties before that), namely:

- part 1 (paragraph 6 subparagraph b) - coming to work drunk;

- in part one (clause 6, subparagraph d), the procedure for dismissal for theft is provided. In this case, severance pay is paid only if its amount exceeds the amount of damage that the employee must compensate;

- part 1 paragraph 7 - dismissal if the worker has committed any actions that provoked the termination of his access to the object (loss of confidence and the employer can no longer allow him to work).
A link to an article with comments, where this text can be downloaded for free, can be found at zakonrf.info

with comments 2018 - dismissal of employees (reduction)

Part 1, paragraphs 1 and 2 provide for the dismissal of the staff (the staff is reduced, that is, the number of employees or a specific position) or all in connection with the liquidation of the organization. The specific wording is also in the work book. The reduction procedure (termination of the employment contract) must be provided with timely communication. The employee must know when the contract will be terminated (the day and month are clearly indicated). Time (at least three months) is given to find a job. If the organization does not close completely, then the company must offer other vacancies to employees before dismissal.

In addition, according to the Federal Law, this is the last thing for maternity and disabled people. In this case, the Law promises guarantees and compensation, and the laid-off employee must be immediately registered so that he can receive benefits. The rules for the payment of such benefits assume that for the first three months a person will receive benefits in the amount of almost the same as the salary. The code clearly defines how this benefit is paid. A work book with a record is the basis for obtaining it.

It is worth noting what you need to know and how to correctly formulate claims in resolving labor disputes. These norms do not apply if the date is clearly indicated in the contract (if the contract is valid until December, then the citizen Grigorieva is not fired under this article!).

You will be interested: Article 162 as amended in 2018

Article 81 of the Labor Code of the Russian Federation - changes 2018

The main change is the procedure for carrying out certification, which confirms the compliance with the position held (once a year). Non-compliance is a good reason for the employment relationship to be terminated, but, as practice shows, it is quite difficult to prove it (too many nuances). Reason - paragraph 3 part 1.

For positions provided for in paragraphs. 7.1 of part 1 to pass such certification is a duty. This type of employee assessment should be carried out for all state. employees. Failure to pass it will be considered a reason for dismissal within the prescribed period (on the day the results are announced).

Termination of an employment contract (dismissal) at the initiative of the employer, Article 81 of the Labor Code of the Russian Federation

Knowledge of the TC is a guarantor of the protection of their rights (both parties must know the right).
For example, if the work is educational, then the employee must control the action outside the workplace. What is the threat of immoral behavior? Such a violation threatens to be fired and the employer's initiative will be completely legal! Paragraph 8 of Part 1 directly provides for this.

It doesn't matter where the gross offense was committed, within the walls of the organization or not. The only thing is that the procedure has a limitation period! Namely, the case (more precisely, the moment when the employer found out about him), should have happened no earlier than a year ago at the time of dismissal. The latter may or may not have a connection directly with the workflow.

Dismissal for absenteeism Article 81 of the Labor Code of the Russian Federation entry in the labor code, sample

Dismissal for absenteeism or termination of an employment contract (part 1, paragraph 6, sub. A) provides for an entry in the work book. An order is printed, in which it is necessary to indicate:

- reason for dismissal;
- when exactly was the absence from the workplace (date and for how many hours).

For example, the loader Silkin was fired from his job, etc.
Example (sample) of the order and its execution

Article 81 of the Labor Code of the Russian Federation dismissal for absenteeism

In the absence of a due period of time (full change or four hours in a row), the employee is dismissed on the basis of this article (part 1, clause 6, subparagraph a). It can also be done if three times were recorded late for an hour. Everything must be documented (an act must be drawn up). After that, he and the employee's explanation must be entered into a personal file.

As judicial practice shows, this happens if discipline is not violated for the first time (one-time absenteeism and if there was a notification from the chief, most often it is not recorded).

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The procedure for filing a claim for the likelihood of establishing paternity is regulated by specialized legislation. The content of the dispositions of the Family Code indicates ...

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