The dismissal of any specialist from the company is considered a specific process, the implementation of which must meet certain requirements by employers and direct hired specialists. The initiator of the process may be the head of the enterprise or employee. Often, dismissal is required in connection with the move, so it is important to understand how the employee compiles the application, what data is indicated in the order, and also what other nuances the participants of the labor relationship have to face.
The nuances of the process
Dismissal on their own due to relocation is considered a common process. It has the following features:
- if it is necessary to move to another city, the employee has to change his place of work;
- under such conditions, a citizen draws up a letter of resignation of his own free will;
- relocation may be due to family circumstances, poor health or other reasons;
- subtleties and rules of such dismissal are listed in Art. 80 and 77 TK;
- termination of the employment contract at the initiative of the employee is allowed only with prior notification of the employer, for which a written document is used;
- notice is provided two weeks before the final termination of the employment relationship.
Often, the question arises of workers about whether mining may not be used. The decision on this issue is made only by the employer. If the employee has a good relationship with the management of the company, then often dismissal due to relocation is not accompanied by the need to work out 14 days.
When is mining not scheduled?
There are certain legal grounds, in the presence of which the employee does not have to work out for two weeks in the company. According to the Labor Code, dismissal in connection with a move is carried out without practicing under the conditions:
- a peace agreement is drawn up between the two parties to the labor relationship, on the basis of which the employee is not required to continue to work in the company for 2 weeks to work out;
- the applicant is a pensioner;
- enrolled in any educational institution, therefore, a citizen cannot spend time working out, but it is important to have evidence of such enrollment;
- the employer violated the requirements of the Labor Code or regulatory acts of the region regarding the employment or dismissal of an employee, therefore the employment contract is terminated on the day indicated in the employee’s application.
Prior to the expiration of the period of mining, the employee may withdraw the application at any time. But even under such conditions, dismissal may still continue if a new specialist was found in the employee’s place.
Only after the end of mining does the relationship between the employer and the hired specialist cease. On the last day of employment, a citizen receives a work book and the required funds.
The nuances of moving an organization
Often, the companies themselves are forced to move to other regions in order to continue effective activities. Under such conditions, any employee may refuse to relocate. Dismissal in connection with the organization’s relocation is based on the provisions of Art. 77 shopping mall.
Usually, under such conditions, the employer does not insist on working out, as you still have to look for new workers after the move.
Application Rules
A letter of resignation due to relocation is made by the direct employee.The rules for the formation of this document include:
- the application is transmitted to the employer 14 days before the move, as otherwise the requirements of the Labor Code will be violated;
- the document must prescribe the reason for terminating the employment relationship, represented by moving to another region for permanent residence;
- the application contains information about the company where the citizen works, and also indicates the name, position and period of work of the employee in the company;
- the main part of the text contains a request to terminate the employment contract;
- the date is indicated when the citizen will definitely leave work, and it should not come earlier than two weeks if the employer has not violated the requirements of the law in any way;
- if the applicant is a disabled person or a pensioner, then working out is not required, which is indicated in the application;
- at the end of the document is the date of its preparation;
- documents must be attached to the application as evidence that the dismissal is really due to the citizen moving to another city.
Other data may be added to this document if necessary.
Further action with the statement
If the head of the company agrees to the dismissal in connection with the relocation of the employee, then the statement is marked “Do not mind”. Next, put the signature of the director and the date of adoption of the document.
There is no strict application form for dismissal due to relocation, therefore, the usual written form is applied.
Is it possible to agree on the lack of mining?
Almost every employee who wants to terminate their employment with a specific employer does not want to work in the company for another 14 days. This is due to the fact that a bias usually arises towards him.
Therefore, dismissal in connection with moving to another region may not be accompanied by working out. A significant factor is the reason for the move. Therefore, the nuances are taken into account:
- if a citizen simply wants to change his place of residence, then he has no arguments for canceling his work, so he will have to refine the company for 14 days;
- moving is often associated with various valid reasons, for example, it is required to begin treatment or training at an educational institution, so a citizen may insist on not working out.
In addition, no work is required if the dismissal is connected with the transfer of the husband of the employee to a new place of service, redirection to a company branch located in another region, as well as in case of violation of labor legislation by the head of the company.
What documents are prepared?
Dismissal due to relocation requires not only a well-written application, but also the preparation of documentation confirming the change of citizen's place of residence. This is due to the fact that the argument for breaking the employment relationship is relocation. Therefore, the manager may require his employee to provide various documents confirming this fact. The following documentation is most often required:
- a copy of the passport, which already has a registration mark at the new address;
- documentation of the husband who was assigned to work in another region;
- a medical certificate indicating that a citizen really needs a long and specific treatment, carried out only in another city in the country;
- documents from an educational institution located in another region where the employee entered.
It is these documents that are necessary for dismissal in connection with a move. Article 80 of the Labor Code indicates that the head of the enterprise may demand these papers from the employee legally.
What actions are performed by the head of the company?
After receiving a letter of resignation from the employee, the employer must perform certain sequential actions under the Labor Code of the Russian Federation.Dismissal due to relocation cannot be challenged, since every citizen has the right to stop working in a company without giving any reason.
The employer must competently terminate the employment relationship with such an employee. To do this, the following actions are performed:
- on the basis of the application received, an order is issued in form T-8, containing information on the name, position and other data of the employee with whom the employment relationship is terminated;
- the order states that the employment contract is terminated at the initiative of the employee;
- a link to Art. 77 shopping mall;
- it is indicated that an order is drawn up on the basis of a statement previously received from an employee;
- information about the dismissal of a specialist is entered in a special employee registration journal;
- the necessary data is indicated in the personal file of a particular employee;
- an entry is made in the workbook, which necessarily indicates the reason for dismissal, and also sets the date for termination of the employment contract;
- in the workbook reference is made to article 80 of the Labor Code;
- a book is issued to the employee on the last day of his work;
- final settlement is made on the same day, therefore the specialist receives a salary for the worked period, vacation compensation and various additional bonuses provided for by the contract;
- often an agreement is drawn up with the citizen, on the basis of which he prepares a new specialist for his job during the course of his work, and the employer assigns a good severance pay to the former employee.
Often, employees wish to leave the company immediately on the day the application is submitted. Dismissal without practicing due to relocation is allowed if the employer himself agrees to such conditions. If between the director of the company and the employee there is not too good a relationship, then the leader may require a full training.
What is the entry in the work book?
The employer must correctly execute the dismissal of any specialist, otherwise he may be held liable. It is important not only to issue the corresponding order, but also to make a competent mark in the employee’s work book. To do this, it is indicated that the dismissal is initiated by the employee in connection with the move.
Be sure to leave a reference in the book to article 80 of the Labor Code, since it is it that governs the rules for terminating an employment contract in connection with a change of place of residence. A document is issued on the last day of work. If there is no employee at the place of employment that day, then the document is sent to him by mail, if in advance the manager receives consent from the citizen.
What should an employee do in case of refusal to terminate the contract by the employer?
Often, employers have a negative attitude to the fact that certain specialists plan dismissal. Therefore, they try in various ways to suspend the dismissal. For this, applications for dismissal are lost or other methods are sought that prevent a citizen from leaving the city.
Under such conditions, it is advisable to file a complaint with the labor inspectorate or court. If at all the delay led to a deterioration in health status, problems with an educational institution or with a new employer, then the employee can recover compensation for non-pecuniary damage from the former employer. For this, a statement of claim is filed with the court, but it is important to attach documents to the claim confirming that the specialist really had certain problems due to the delay in dismissal.
Conclusion
For many reasons, many people are forced to change their region of residence. This leads to the need to terminate the employment relationship with the current employer. For this, a statement is drawn up, indicating the reason for dismissal. Documents confirming the need for relocation are attached to it.
The employer must correctly execute the termination of the employment relationship.To do this, he issues an appropriate order, and also makes the necessary entry in the work book. If desired, the head of the company may not require the employee to be worked off.