A work form is an important document that must be presented when applying for a job. It indicates the total working experience and all the data on the labor activity of a citizen. All entries in this document must be made correctly, especially the entry in the employment on dismissal, so that further employment does not arise unforeseen situations.
What the law says
Speaking about maintaining and filling out labor forms, it should be based on the relevant rules approved by the government of the Russian Federation, as well as on the instructions approved by the decree of the Ministry of Labor.
An entry in the employment record on the dismissal of an employee is made on the last day of employment. The employee must familiarize himself with the information entered and put his signature. Next, you need to sign in the book of account and in a personal card.
Registration
The registration of the work book upon dismissal occurs according to the same scheme as when applying for a job. The recording algorithm is as follows:
- In the first column of the work information section, the number is put in order.
- The second column should indicate the date of dismissal. It must coincide with the date specified in the order on the termination of work. Record should be made in Arabic numerals (for example: 12/05/2015).
- The third column indicates the reason why the parties terminated the employment contract. When recording the reason, the reason is written exactly as indicated in the labor code.
- The fourth column of this section indicates the order number and its date. This is the basis for dismissal.
Various reasons
There are a lot of reasons for dismissal. Consider the main ones:
- Retirement. In this case, the mark in the labor is accompanied by dismissal at will.
- Transfer to another company. Here in the labor one should indicate how the transfer occurs: on the initiative of the employee or with his consent.
- The death of a citizen. In this case, a note must be made on the termination of the employment agreement.
- Abbreviation.
- Employee Initiative. The most common reason for dismissal and frequent entry into employment is dismissal at will.
- Agreement of the parties.
- The expiration of the contract.
- Liquidation of the organization.
- Dismissal for health reasons. In this case, it is necessary to consider, on the basis of which the employment contract can be terminated. There may be several reasons:
- recognition of the employee as incapable of work due to medical indications (medical indication must be attached);
- refusal of an employee to be transferred to another position in connection with medical indications;
- assignment of a disability pension (at will).
The article below provides a sample entry in the employment term “Dismissal of one’s will”.
date
An entry in the employment dismissal is made on the last day of work. According to the provisions of Article 84. 1 TC, it is this date that is entered in the document. But there are a few exceptions. For example, an employee may take the required leave before leaving. In this case, the number of dismissals will be the last day of rest of the employee.
Order
Any entry that is made in the labor, whether it is hiring, dismissal of an employee, rewarding or transfer, must be accompanied by an order from the employer. The mark should appear no later than seven days from the moment of writing the order, and when the employee is dismissed, the entry in the work book should appear day to day.
Reductions are unacceptable, which is often done by some personnel workers.For example, you cannot write “p. 1 h. 1 tbsp. 77 of the Labor Code of the Russian Federation ”, permitted -“ clause 1 of the first part of Article 77 of the Labor Code ”.
In the fourth column, the ground document is recorded: the number of the order, the date of its publication.
Record Cancellation
How to make an entry in the employment dismissal, we examined. And what if the employee changes his mind about terminating the employment contract, but the order has already been issued and an entry has already been made to the document? In this case, a cancellation entry is made in the form, which should also be based on the order of the manager.
In accordance with the Rules for the maintenance and storage of labor, if an incorrect or inaccurate record is found, it must be corrected in the organization where they made it accordingly. To do this, in the 1st column the number is put in the order of the next record, in the 2nd column the current date, in the 3rd column it is written that the record with the number ... is invalid. Next, you need to record the correct information and in the fourth column indicate the basis document.
Change after dismissal
In the case when the entry in the employment dismissal is entered incorrectly and this fact was discovered when applying for a new job, it still needs to be fixed. To do this, column 3 indicates which entry is considered invalid. Next, make the correct entry and indicate the basis document. Such a record must be certified by the signature and stamp of the employer.
What to do if there is no record of dismissal in the labor? Formally, this means that the employee has not yet terminated the employment relationship with the previous employer. With such a citizen, you can conclude a part-time agreement.
If the organization was liquidated, then a staff member on the basis of relevant documents may make an entry on dismissal in accordance with paragraph 1 of Art. 81 of the Labor Code of the Russian Federation. In the event that the employee cannot submit supporting documents, it is not possible to make a missing entry. This issue is decided only through the court.
Wording
Consider the basic formulations that are used when terminating an employment agreement:
1. The grounds provided for in Article 77 of the Labor Code:
- Termination of the contract due to the expiration of the employment contract.
- Dismissal at will (employee initiative).
- Termination of the contract due to transfer to the LLC at the initiative of the employee (with the consent of the employee).
- Termination of the contract due to the refusal to continue work due to a change of ownership (jurisdiction of the organization, with the reorganization of the enterprise).
- Dismissal due to refusal to continue working due to changes in the conditions of the labor agreement.
- Termination of the agreement due to refusal to transfer to other work required for medical reasons.
- Dismissal due to refusal to transfer to another locality.
- Termination of the contract due to non-compliance with the established rules of the labor agreement.
2. The grounds provided for in Article 81 of the Labor Code:
- Termination of the agreement in connection with the termination of the IP.
- Dismissal due to reduction of staff (number of employees) of the organization.
- Dismissal due to inconsistency of the position and insufficient qualifications, confirmed by the results of certification.
- Termination of the contract due to a change in the ownership of the organization (applies to managerial positions).
- Termination of the contract due to repeated non-fulfillment of labor obligations without good reason.
- Dismissal for gross violation of labor obligations. This paragraph assumes several varieties of gross violations, entailing dismissal at the initiative of the head.
- Dismissal due to guilty acts leading to a loss of trust on the part of the employer.
- Termination of the contract due to an immoral act.
- Termination of the contract for an unreasonable decision that led to the loss of property.
- Dismissal for gross violation of labor obligations (applies to managerial positions).
- Dismissal due to submission of forged documents to the employer.