Almost all working citizens faced the dismissal procedure. The most harmless is the dismissal of their own free will. At the same time, an employment record does not spoil the employee’s total working experience. Let us consider in more detail the entire process of termination of the contract at the request of the employee.
Legislation
The order of dismissal of an employee at will, as well as the rest of the working relationship of the employer and employee, are regulated by the norms of the Labor Code of the Russian Federation. In particular, termination of the agreement at the initiative of the employee is regulated by Art. 80 of the Labor Code of the Russian Federation.
An employee may terminate both an unlimited contract and a fixed-term contract. The algorithm of the whole process is the same everywhere. Responsibility for the correct execution of all documents and compliance with the law falls on the shoulders of the employer and the employee of the personnel department.
The following is an example of a record of voluntary dismissal in a work book.
Employee Actions
After the employee has decided to leave, he should write a statement. This can be done both in handwritten and in print. The document should contain the following information:
- full details of the organization and the chief in whose name the application is written;
- details and position of the resigning employee;
- the text of the application for dismissal and its reasons;
- date and signature.
The employee must remember that he must write such a statement no later than 14 days before the moment of dismissal. By agreement of the parties, the terms may be shortened.
Is it possible to pick up a statement
After the application is written and sent to the personnel department, it may be necessary to take it back until the record of dismissal of your own accord appears in the labor office. Can this be done? It is possible, but at that time, while the employee is working out. He must communicate his desire to withdraw the application in writing. This statement should contain a request to recall the previous document, but the reason is not required. If it is likely that the review may be lost, it is better to compile it in several copies. A personal copy of the personnel department employee’s visa, number and signature must be on the personal copy.
An employer may refuse to accept a withdrawing application only if a new employee has already been invited to a vacant position.
Employer failure
Can an employer refuse to accept a letter of resignation? If he is not familiar with the law, then he can. In case of refusal to accept the application, the employee must send it by mail and wait 14 days from the moment of sending. At the end of this period, the employee can simply leave his workplace. At the same time, the employee can apply to the labor inspectorate if they have not been given the due payments and labor, which indicates “dismissal of their own free will”. Record in the labor must comply with the Labor Code of the Russian Federation.
Design Algorithm
Termination of employment begins with the publication by the head of the order. An employee is required to familiarize himself with this document under signature. If there is such a need, then you can ask for a copy of the order.
In the event that the employee refuses to sign the receipt of the order, the employer must fix it with a special act. The last working day is considered the day when the employee received all the settlement payments, signed the familiarization with the order and took his labor.
An entry in the employment “voluntary dismissal” (sample document filling out) is presented below.
If the employer fails to fulfill its obligations within the prescribed period, the employee has the right to write a complaint to the labor inspectorate about the fact of violation of his rights.
A responsibility
If the rights of the employee are violated, and the employer does not fulfill his obligations, the citizen can apply to different bodies to solve the problems. For an unscrupulous leader, administrative and criminal liability are provided. In the first case, you can refer to Part 1, Part 4 of Art. 5.27 Administrative Code, and in the second case - to Art. 145.1 of the Criminal Code.
To bring the manager to justice, you can apply to the labor inspectorate, the police or the prosecutor’s office with a corresponding statement.
The reason for the appeal may be: reluctance to dismiss an employee without reason, reluctance to pay the required money and compensation, an unformed work book (the entry “dismissal of one’s own free will” is entered with errors or not at all).
Documents
Upon dismissal, the employee must receive the following documents:
- Labor book (a sample of the record of dismissal of his own free will was presented earlier). The employee must sign the receipt in the journal and on his personal card.
- Salary certificate for the last three years.
- Information on form 2-PIT for the last year.
- Help, which contains information on the amount of payments, remuneration and insurance experience.
- Other documents that can be obtained by writing a statement.
Employment record
All entries in the workbook are made either by the head or an authorized person. Basically, this is a human resources officer, accountant or secretary.
The entry in the TC “dismissal of their own free will” is made in accordance with the provisions of Art. 77 of the Labor Code of the Russian Federation.
In addition to the entry, the organization’s stamp and the signature of the authorized person must be in the labor. Therefore, the algorithm for filling out a work form is as follows:
- serial number of the mark in the first column;
- date of leaving the organization in the second column;
- grounds for dismissal indicating the article of the Labor Code of the Russian Federation in the third column;
- details of the document on the basis of which the dismissal will be considered legal, in the fourth column.
If a voluntary dismissal occurs, the correct entry in the work book is as follows.
Without working out
The time period is considered to be the time period when the employer accepted the application from the employee until the day when the employee completes his work in the organization. Usually this period is 2 weeks. But there are some exceptions when an employee can quit without working out. These include:
- admission to an educational institution;
- retirement of an employee;
- the establishment by the employer of a clear violation of labor law;
- moving an employee to another locality (confirmed by a certificate or a note on deregistration);
- sending the spouse of the employee to a new workplace abroad;
- the presence of a disease due to which the employee cannot continue to work in this organization (confirmation with an appropriate medical certificate is necessary);
- the presence of a medical certificate, which states that a citizen can no longer live in this region for health reasons;
- the fact of courting and keeping a disabled child or a child under 14 years old;
- the fact of caring for a disabled person of the first group or a sick family member (confirmation by medical certificate is necessary);
- the presence of disability in the employee;
- the employee has three or more children under 16 years old or students under 18 years old.
All these reasons, allowing the employee not to work out the due date, must be documented.
Dismissal from a managerial position
Termination of the employment agreement at the request of the employee, regardless of his position, occurs according to the same scenario.Except for some points. Let us turn to the dismissal of a materially responsible person. The manager may require from such an employee:
- Take an inventory. At the same time, such verification should not exceed the terms of working out the responsible person.
- Transfer all the values that are held by the employee to a new materially responsible person. Here it is necessary to draw up an act where everyone present at the program and the leader himself put their signature.
On the whole, the dismissal of one’s own free will and the entry into the employment for materially responsible persons is the same as for other employees.
The dismissal of the chief accountant is distinguished only by the obligation to transfer all cases in accordance with the established act within two weeks. All documentation is subject to mandatory verification and verification of submitted reports.
If a voluntary dismissal occurs, the employment record for the chief accountant looks like this.
If the director of the organization leaves, then such a decision can only be made at a meeting of the founders (however, like a decision on hiring). An employee who has the position of director is obliged to notify the founders of his intention to resign from his position by a corresponding statement in a month. All necessary documentation must be sent by registered mail. After that, a meeting of founders is organized, where the question of dismissal is decided, a decision is made and a work book is issued.
The following is a record of the dismissal of the director of his own free will in the workbook.
Some nuances
When leaving on their own initiative, there may be some nuances. For example, an employee, while on sick leave, can also write a letter of resignation. This must also be done in 2 weeks. If the employee made a statement earlier and went on sick leave, there is no need to rewrite the document. The period when the employee is on sick leave should be taken into account at the time of work, and the date of dismissal should not be postponed or postponed.
An employer cannot force an employee to work out after his recovery.
This rule applies to government agencies and private entrepreneurs. In both cases, the guarantee of honest labor relations is an employment contract, where all conditions and guarantees for the employee should be spelled out. Therefore, if everything is framed correctly, then the very process of dismissal and the record of dismissal of one’s own will at the IP and in other organizations will be made according to all legislative norms.
In the case when a citizen passes a probationary period, he can quit within 3 days from the moment of writing the application. At the same time, the employer does not have the right to extend the working time for such an employee.
If an employee has reached retirement age, then the employer cannot dismiss him for other reasons. Such an employee can only leave on his own.
You can leave without working out if you need to quit due to health reasons. If the employee already has a record that the citizen has retired, then upon leaving he will need to work out the prescribed two weeks.
Below you can see the entry in the labor "voluntary dismissal" - a sample fill for working pensioners.
Forced dismissal
There are times when the employer for some reason tries to force the employee to leave at will. This may be a personal hostility, and unwillingness to pay compensation payments in case of reduction, etc. In any case, such actions on the part of management are considered unlawful. All the reasons on which the manager can dismiss an employee are set out in Art. 81 of the Labor Code of the Russian Federation. Other reasons not specified in this article cannot serve as a basis for dismissal.
If the employer asks the employee to write an application for termination of the employment agreement at will, therefore, he has no legitimate reason to dismiss him. Therefore, in this case, a citizen can apply to the labor inspectorate with a statement about the fact of unlawful actions by the authorities. You can attach audio recordings of the conversation with the head to the application, and testimonies of other employees.
If the employer nevertheless dismissed the employee without good reason and evidence, this fact should be disputed in court. Moreover, after such dismissal, the employees are obliged to reinstate and pay all due compensation.