Dismissal at one's own request, Article 77 p. Entry of dismissal in the work book. During the trial period

Leaving a job “on your own” is the most common reason for dismissal. There are two interesting points here:

Very often there are situations when an employee is simply forced to write a statement of his own free will, so as not to have any legal proceedings in the future.
Cases of “wrongful dismissal” are common.

We will examine the first point in more detail later. As for the second, the main reason lies in the incorrect application of some norms of the Labor Code.

"Correct" article

Despite the basic basic principles of legal acts, namely “absolute clarity in wording,” misunderstandings very often arise. Under what article should dismissal be made? Clause 3 art. 77 or Art. 80 Labor Code of the Russian Federation?

But in fact there is no problem in understanding here. One is considered procedural (how to legally change jobs correctly), and clause 3 of Art. 77 of the Labor Code of the Russian Federation - normative, i.e. indicates the fact itself.

Almost everyone knows that you need to work for 2 weeks before leaving the organization. Let us immediately clarify one very important nuance.

Dismissal (clause 3 of Article 77 of the Labor Code of the Russian Federation) does not provide for any work.

You just need to notify the employer no later than this period. Of course, during this period you will have to perform your functions at the enterprise. Hence the erroneous opinion. But let us clarify that compulsory work for half a month is optional.

You can go on sick leave or vacation, warning your employer about future dismissal. In this case, there can be no processing.

Clause 3 art. 77 Labor Code of the Russian Federation: entry in the work book

The most common mistake is incorrect entry. Very often, clerks incorrectly indicate the article in the work book. After this, many former employees face a problem during new employment or when applying for a pension. Clerks put the mark “dismissed on the basis of Art. 80 Labor Code of the Russian Federation."

But the legislation does not provide for the termination of obligations on the basis of this article. It is important to see the order to terminate the contract. If it is based on the same article, then legally the employee is not fired, because legal procedure was not followed.

Hence the problem for the former employee: he may not be hired for the new position. It is imperative to contact your former organization for correction. The document must contain the following entry: clause 3, part 1, art. 77 of the Labor Code of the Russian Federation (termination of an employment contract at the initiative of the employee).

But let's move on to another common mistake.

Clause 3 art. 77 Labor Code of the Russian Federation: entry into the labor record. Writing sample

Clerks and directors often face a similar problem. The article seems to be indicated accurately, but the entry is still invalid. The fact is that the wording is as follows: “P. 3 tbsp. 77, dismissal of one’s own free will.”

But according to the rules for filling out the entry must fully comply with the norms of the Labor Code of the Russian Federation.

Therefore, the writing sample will look like this: “Dismissed under clause 3 of Art. 77 of the Labor Code of the Russian Federation - termination of an employment contract at the initiative of the employee.”

The record is radically modified, although the underlying reason remains the same.

Consent of the parties: what is the difference?

There are situations when an employee is forced to write at his own request. The reasons, of course, are purely individual. The new director is selecting personnel, the employee is no longer happy, there is a reorganization, pregnant women are often forced to do this, etc. The Labor Code has two paragraphs of Article 77, which seem equivalent to ordinary citizens:

By agreement.
At your own request.

Many professional lawyers involved in labor disputes know that termination of a contract in the second case can be challenged in court. It is enough to provide arguments and prove that the employee was subjected to psychological influence by the administration of the enterprise. Consequently, the termination order will be canceled in court, and the employee will be reinstated with all rights.

Clause 1 art. 77 of the Labor Code of the Russian Federation does not provide for such a loophole. It just follows from the fact that the employee and the employer have any conflicts and disagreements.

As a rule, the former employee is paid some kind of “compensation” funds in order to terminate the employment relationship peacefully and without consequences for both parties. In court, all arguments will be useless. It is almost impossible to recover.

How to resign correctly

To do this, you must notify the employer 2 weeks in advance. If so, this can be done orally. But in the event of a conflict, it will be difficult to prove this in court later. Therefore, to avoid misunderstandings, statements should be written.

Writing sample

No special requirements or special legal education required. You can write the following to the manager: “In accordance with Art. 80 of the Labor Code of the Russian Federation, I ask you to dismiss me from my position.”

Below is the number and signature. From the day the manager or other authorized official receives this application, the two-week period will begin to count.

Everyone should know this

It is important to know two very important things:

It is not necessary to indicate regulations when writing such a statement.
No one has the right to prohibit someone from resigning of their own free will.

They don't sign the application. What to do?

It’s a fairly common practice when a person wants to change a company for one reason or another, but they start putting spokes in his wheels: “there’s no director in place,” “let’s do it, I’ll sign it later,” etc. And after a while they refuse with the wording “there is no one to work”, “I do not agree to your dismissal”. Some are so dishonest that you can hear the answer “I didn’t see your application” and so on.

To avoid these or other problems, it is enough to follow one of two scenarios:

Write a written application and register it with the secretary or other authorized person.
Send a registered letter.

The first option will be faster, because... the two-week period will begin the day after registration. The employer will not be able to later claim that he “did not see and did not know.” The duty of the secretary or other authorized person to notify the authorities as soon as possible.

With the option of sending through the Russian Post service, everything will take a little longer. The two-week period will begin on the day the employer receives the letter, not on the date it is sent. When the application has reached the addressee, it will be indicated in the notification, which means the employee will know the exact date of receipt.

After this, the director will have to release the employee. Clause 3 art. 77 of the Labor Code of the Russian Federation obliges us to do this.

If you change your mind, what should you do?

Such cases are also not uncommon. The reasons can be different: there was no agreement on a new place of work, the director realized that the employee really wanted to leave, and improved working conditions and much more.

To cancel an application that has already been submitted, you must write and also officially register a new one in accordance with all the rules. No matter how good the relationship between him and the employer may seem to the employee, it is important to know the main rule: the application for refusal of dismissal must be submitted officially, i.e. in writing through a secretary or by mail.

What is this for?

There are often cases when the employer is not against such dismissal. But he had no reason to do it himself. And then the employee himself brings such a letter of resignation under clause 3 of Art. 77 Labor Code of the Russian Federation.

Then after some time the employee announces that he has changed his mind. The director, knowing the legislation, says with joy on his face that “I understand everything, continue working.”

After a two-week period from the date of writing the application is issued in accordance with clause 3 of Article 77 of the Labor Code of the Russian Federation - at one’s own request.

There is no use going to court. Legally, the director did everything correctly. One of the principles of law was at work here: “Most moral principles become legal norms, but not all.”

When refusing, there is one very important nuance. If from the moment of submission to his refusal a written invitation was sent to another person to accept this position, then it will no longer be possible to cancel it.

Here the law will be on the side of the future employee, i.e. someone who has already been invited. Because Now no one has the right to refuse him employment.

Therefore, it is necessary to weigh everything carefully before writing a letter of resignation. There are times when there is no way back.

Where to defend labor rights

If during the dismissal procedure or in any other case that arose during the employment relationship, your rights were violated, then you need to defend them in one of the following ways:

Contacting the Labor Rights Protection Inspectorate.
Statement of claim to court.
Contacting the prosecutor's office.

A citizen of the Russian Federation whose rights have been violated may appeal simultaneously to all competent authorities. Administrative punishment is provided for the guilty person. But the citizen himself does not have the right to initiate such a case through the court. This can only be done by either the prosecutor's office or the labor inspectorate. To do this, you need to send a complaint to these structures.

In parallel, the employee has the right to file a lawsuit in order to receive compensation for moral damage or any other payment from the employer, if provided by law, because administrative sanctions do not provide for this. All fines issued by the prosecutor's office will go to the state. Therefore, it is better to contact the regulatory authorities in order to bring the offender to justice and go to court for moral or other payments.

Cases exempt from service

The Labor Code contains reasons that allow an employee to leave before the due date of 14 calendar days. Let's say right away that the report begins the next day after the relevant notification is submitted.

These include:

Employee training.
Mutual agreement.
Violation of labor rights.
Other.

The first two are more or less clear. As for violation of labor rights, what is meant is not the subjective opinion of the employee. This refers to the official holding of the employer to responsibility. And it must necessarily concern the employee who decided to leave earlier than expected.

When will the payment be made?

After an official order, all payments for time worked must be made on the day of dismissal. And this is not a “gift” from the company, it is an obligation according to the Labor Code. Violation of this norm is a reason to defend your rights and contact regulatory authorities. In addition to salary, the employee is entitled to payment for unused vacation. You can calculate it yourself if you know your average monthly earnings and the exact number of days worked. Payments under it must also be made on the day of the dismissal order.

The only exception to this rule is sick pay. From the moment the medical certificate is provided, the accounting department recalculates within 10 days and pays it on payday at the enterprises.

If the employee is not on site on the day of payment (business trip, vacation, sick leave), then all payments must be made no later than one day after his request.

Problem

Hello, I work at a city clinic. On January 26, we were given notices: “Guided by Article 75 of the Labor Code of the Russian Federation 19.01, a decision was made to reorganize the clinic by separating a new clinic from its structure. If you refuse to work at your previous place, the employment contract will be terminated in accordance with clause 6 of Article 77.” I work on extra. agreement in a separate unit in the same area where the clinic is located. My unit will be transferred to the new clinic. Is this a reason for dismissal under paragraph 2 of Article 81, and not according to paragraph 6 of Article 77? Is there staff reduction? Is it legal to demand an extract from the staffing table? Or we are talking about the succession of a new clinic, and we will be transferred without our consent. For me, dismissal under Article 81, paragraph 2 of the Labor Code of the Russian Federation is important.

Solution

Hello!

If this is a reorganization, then there are no grounds for dismissal under clause 2 of Article 81 of the Labor Code of the Russian Federation. The reorganization cannot affect ordinary workers.

Although, in Article 75 of the Labor Code of the Russian Federation there is a point:

When the owner of an organization's property changes, a reduction in the number or staff of employees is allowed only after state registration of the transfer of ownership.

The law establishes that after reorganization, the employer may undergo a procedure for reducing numbers or staff.

Only this procedure is the initiative of the employer, the employee has no right to impose it.

The only thing is that if the employer suddenly demands dismissal at his own request or by agreement of the parties, this may indicate that the employer is substituting procedures.

Of course, it is important to understand what happened to the employer in ShR during the reorganization. Therefore, you can request an extract from the HR, what changes were made to the HR in relation to your position.

And if this is a reorganization, the only document that is usually drawn up is an additional agreement to the TD, which indicates that a reorganization has occurred - a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization (merger, accession, division, separation, transformation) or change type of state or municipal institution.

The essential conditions of the TD, position, job function cannot change, these are different procedures.

On our website, I provided one consultee with the following statement:

STATEMENT

In accordance with Article 62, I ask you to provide me with a certificate (extract) from the staffing table for my position - (specify this position).

If my position is reduced (excluded, abolished) from the staffing table, then if I fail to meet production standards, or fail to fulfill my official duties through the fault of the employer, the employer is obliged to pay wages in an amount not lower than the average salary of the employee, calculated in proportion to the time actually worked (Article 155 Labor Code of the Russian Federation).

And if the position is reduced, then the employer must carry out the procedure for reducing the number or staff in accordance with the requirements of labor legislation: Art. 81, 82, 178, 179, 180, 127, 140, 84.1 of the Labor Code of the Russian Federation, Rules on regular and additional leaves, approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169 and the Rostrud protocol of June 19, 2014 No. 2.

I remind you that dismissal at the initiative of the employer of a woman whose child is under 3 years old is prohibited (Article 261 of the Labor Code of the Russian Federation), with the exception of paragraph 1, -, or 11 of the first part of Article 81 or paragraph 2 of Article 336 of the Labor Code of the Russian Federation.

In case of refusal to issue me this certificate, I will contact the prosecutor's office, State Tax Inspectorate.

For violation of labor legislation, the employer bears administrative responsibility under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

In court, I will claim compensation for moral damages under Article 237 of the Labor Code of the Russian Federation and payment for the specified period in accordance with Article 155 (234) of the Labor Code of the Russian Federation.

Via courier service;

But there is no need to speculate on anything just yet; it is important what will be indicated in the Additional Agreement to the TD for this reorganization.

And if they don’t issue an additional agreement, then demand it, because... the reorganization must be documented.

The notice stated that if I refuse to continue working specifically at MBUZ GP 13, and not at the new GP 8, I will be fired under clause 6 of Article 77. I haven’t signed the notice yet. We are “millionaire doctors”, there are three of us. Registration workers and nurses are asked to resign of their own free will. They haven't explained anything to us yet. Therefore, we panic, knowing about the illiteracy of our HR department. If changes in staffing do occur, when will this be reflected in the statement? After the reorganization or demand it now? Since now the second doctor has returned from maternity leave to my site, which consists of two villages with a small population. We received compensation for each of the settlements.

If positions in the ShR are reduced, then you need to request an order to change the ShR, because the employer can make changes to the SR now or after the reorganization procedure; this is the employer’s right.

Request that you be introduced to more than just the ShR, because... it can be amended after the reorganization procedure, and with an order to change the ShR.

You received a strange notification, perhaps it was a typo, because... it turns out that you remain working in the same municipal healthcare facility.

But the fact that they offer someone to resign of their own free will is clearly a substitution of the procedure:

Document: Appeal Supreme Court of the Chuvash Republic dated April 15, 2015 in case No. 33-1744/2015

There are only two points in the notice. The HR department said that we are talking about dismissal under Article 77 p 6 for those who obviously do not belong to the new clinic. And those who work on the territory of the new clinic will be fired with a transfer or just transferred, they don’t seem to know yet. The HR department explained that the notification stage is underway. The new staffing table and orders do not yet exist. Despite the fact that the clinic will open on April 1 (according to words). I would like to sign the notice: “Part 2 is unclear to me.”

Listen, your employer told you something stupid. The whole point is that you must refuse to work for the new owner in order to be fired under clause 6 of Article 77 of the Labor Code of the Russian Federation.

If an employee refuses to continue working due to a change in the owner of the organization’s property, the employment contract is terminated in accordance with paragraph 6 of Article 77 of the Labor Code of the Russian Federation.

That is the question workers face. To sign or not to sign.docx

You understand that dismissal under clause 6 of Article 77 of the Code of the Russian Federation is not the initiative of the employer, i.e. No one can force you to resign on this basis, you write that you like everything, the new owner suits you and you will continue to work.

Come on, you don’t sign any additional agreements, you take him for a look and consultation.

"STATEMENT

In accordance with Article 75 of the Labor Code of the Russian Federation, a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization (merger, annexation, division, spin-off, transformation) or a change in the type of state or municipal institution is not grounds for terminating employment contracts with other employees organizations.

And therefore, I do not refuse to continue working in connection with the reorganization.

I ask you to sign an additional agreement to the employment contract and make an entry in the work book about the reorganization."

You submit your application in the following ways (your choice):

Through the secretariat, human resources (personnel) department of the organization, so that on the second copy you are given the incoming number and a mark from the official about the acceptance of this application;

By registered mail with registered receipt and a list of the contents;

Via courier service;

By mail, fax or email (if you have an official email address).

The employment contract was terminated due to circumstances beyond the control of the parties, in connection with the conviction of the employee to a punishment that precludes the continuation of his previous work, in accordance with a court verdict that entered into legal force, paragraph 4 of part one of Article 83 of the Labor Code of the Russian Federation, paragraph 5, part. 1 tbsp. 83 The employment contract was terminated due to circumstances beyond the control of the parties, due to the recognition of the employee as completely incapable of work in accordance with a medical report, paragraph 5 of part one of Article 83 of the Labor Code of the Russian Federation, paragraph 6 of part 1 of art. 83 The employment contract was terminated due to circumstances beyond the control of the parties, in connection with the death of the employee, clause 6 of part one of article 83 of the Labor Code of the Russian Federation, clause 8 of part 1 of art.

Subtleties when dismissing in the order of transfer

He bought them, but did not return the large change left after the purchase to the cash register. It didn’t become clear right away, clause 7, part 1, art. 81 Dismissed at the initiative of the employer in connection with the commission of guilty actions by an employee directly servicing monetary assets, which gave rise to the loss of confidence in him on the part of the employer, paragraph 7 of part one of Article 81 of the Labor Code of the Russian Federation. Students filmed a physical education teacher smoking in one from school classes and using obscene language, after which they showed the recording to the school principal. The teacher was fired, clause 8, part 1, art. 81 Dismissed at the initiative of the employer in connection with the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work, paragraph 8 of part one of Article 81 of the Labor Code of the Russian Federation. The employee forgot his bag with the accountable amount in transport, and it was not possible to return it.

Article 77 of the Labor Code of the Russian Federation. general grounds for termination of an employment contract

Information about the work" of the work book indicates the order in which the transfer is carried out: at the request of the employee or with his consent:

“dismissed due to a transfer at his request to (name of the organization - new employer), paragraph 5 of Article 77 of the Labor Code of the Russian Federation” (in the case of the employee’s initiative);
“dismissed by transfer to (name of organization - new employer) with the consent of the employee, paragraph 5 of Article 77 of the Labor Code of the Russian Federation” (by agreement between employers).

An entry about dismissal in the work book - example: In the event of the death of an employee, the following entry is made in the work book in column 3: “The employment contract was terminated due to the death of the employee, paragraph 6 of part one of Article 83 of the Labor Code of the Russian Federation.”

Article 77. General grounds for termination of an employment contract

Internal transfer involves the transfer of an employee to another position within the company where he works, or a change in his functional responsibilities, as stated in Art. 72.1 of the Labor Code of the Russian Federation, paragraph 1. Transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, and also transfer to work in another area together with the employer. External transfer means the transfer of an employee to work in another company or organization and can only be carried out with the written consent of the employee, as provided for in Art.

72.1 of the Labor Code of the Russian Federation, paragraph 2. At the written request of the employee or with his written consent, the employee can be transferred to permanent work with another employer.

Dismissal by transfer (clause 5 of Article 77 of the Labor Code of the Russian Federation)

In this case, a tripartite agreement is drawn up, which records the will of all parties - its participants: the former and current employer and the employee himself. The agreement for the employee specifies all the main points regarding his new job:

job title;
work start date;
terms of remuneration.

According to clause 5, part 1, article 77 of the Labor Code of the Russian Federation, an entry is made in the work book that the basis for terminating the employment contract between the organization and the employee was the transfer of the latter to work for another employer or his holding of an elective position. The grounds for termination of an employment contract are:...

Personnel page

of the Russian Federation Dismissed at the initiative of the employer in connection with damage to someone else’s property at the place of work, established by a court verdict that has entered into legal force, subparagraph “d” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation Due to the negligence of a mechanic in the production of passenger cars, his colleague received a hand injury, paragraph “e”, paragraph 6, part 1, art. 81 Dismissed on the initiative of the employer in connection with the employee’s violation of labor protection requirements, which resulted in grave consequences, subparagraph “d” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation Dismissed on the initiative of the employer in connection with the employee’s violation of labor protection requirements, which created a real threat the occurrence of grave consequences, subparagraph “d” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation. The employee was given an amount to report for the purchase of stationery.

How to correctly make a notice of dismissal in your employment record: sample 2018

How to correctly make an entry in the work book about the dismissal of an employee

Labor Code of the Russian Federation The employee died, clause 6, part 1, art. 83 Dismissed due to circumstances beyond the will of the parties, in connection with the death of an employee, paragraph 6 of part one of Article 83 of the Labor Code of the Russian Federation. The skier was disqualified for using doping for 2 years, and therefore the Ski Federation terminated the contract with him. . 8 hours 1 tbsp. 83 Dismissed due to circumstances beyond the control of the parties, due to disqualification, excluding the possibility of the employee fulfilling duties under the employment contract, paragraph 8 of part one of Article 83 of the Labor Code of the Russian Federation. The forwarding driver was deprived of his rights for driving a vehicle while intoxicated. In this regard, the transport company terminated the employment agreement with him, clause 9, part 1, art.
The employment contract was terminated at the initiative of the employer in connection with a change in the owner of the organization’s property, clause 4 of part one of article 81 of the Labor Code of the Russian Federation, clause 5 of part 1 of art. 81 The employment contract was terminated at the initiative of the employer due to the employee’s repeated failure to fulfill labor duties without good reason, paragraph 5 of part one of Article 81 of the Labor Code of the Russian Federation Subparagraph “a”, paragraph 6, part 1, art. 81 The employment contract was terminated at the initiative of the employer due to absenteeism, subparagraph “a” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation Subparagraph “b” of paragraph 6 of part 1 of Art. 81 The employment contract was terminated at the initiative of the employer in connection with the employee’s appearance at work while intoxicated, subparagraph “b” of paragraph 6 of part one of Article 81 of the Labor Code of the Russian Federation Subparagraph “c” of paragraph 6 of part 1 of Art.

G5 st77 nr RF entry in the labor record

It consists of the following steps.

A dismissal order is being prepared using the unified form T-8. After signing it, the dismissed person gets acquainted with this document against signature.
An entry about dismissal is made in the work book. According to clause 5, part 1, article 77 of the Labor Code of the Russian Federation. recording options may be as follows:

dismissed due to transfer at the request of the employee (or with the consent of the employee - depending on the situation) to work for another employer;
the employment contract was terminated due to a transfer at the request of the employee (or with the consent of the employee, depending on the situation) to work for another employer.

All monies due to the dismissed person are paid.

If the person resigning has unused days from his vacation, then he is paid monetary compensation for them, which is provided for in Article Art.
127 Labor Code of the Russian Federation, paragraph 1.

You can add a topic to your favorites list and subscribe to email notifications. Devil may cry Russian Federation, Chelyabinsk #1 October 21, 2008, 12:21 No ratings The developers of the Rules for maintaining and storing work books, producing work book forms and providing them to employers in their comments were guided by paragraph 14 of the above Rules, which states that “records the reasons for termination of the employment contract are entered into the work book in strict accordance with the wording of the Labor Code of the Russian Federation or other federal law” (emphasis added by the author) and it was recommended to use the following wording: “Dismissed on the initiative of the employee”1.

Article 77 paragraph 3 of the Labor Code of the Russian Federation

Everyone should know this. It is important to know two very important things:

It is not necessary to indicate regulations when writing such a statement.
No one has the right to prohibit someone from resigning of their own free will.

They don't sign the application. What to do? It’s a fairly common practice when a person wants to change a company for one reason or another, but they start putting spokes in his wheels: “there’s no director in place,” “let’s do it, I’ll sign it later,” etc. And after a while they refuse with the wording “there is no one to work”, “I do not agree to your dismissal”.

Some are so dishonest that you can hear the answer “I didn’t see your application” and so on.

Dismissal at will: Article 77, paragraph 3, part 1

Now I’ll add turmoil to our orderly ranks (girls, it looks like we have nothing else to do) If we really get to the bottom of the truth, then it lies not in the Instructions, but in part 5 of Article 84.1 of the Labor Code, which reads Quote: Entry in the work book about the foundation and the reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law. Since the Labor Code is a federal law, and the Resolution of the Government that approved the Instructions, a by-law, it turns out that the entry in the book should read like this Quote: The employment contract was terminated at the initiative of the employee, paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation I am not asking to discuss this , this is so - to flood.

Vote:

Cases exempting from work The Labor Code contains reasons that allow an employee to leave before the due date of 14 calendar days. Let's say right away that the report begins the next day after the relevant notification is submitted. These include:

Employee training.
Mutual agreement.
Violation of labor rights.
Other.

The first two are more or less clear.

Info

Therefore, it is necessary to weigh everything carefully before writing a letter of resignation. There are times when there is no way back. Where to defend your labor rights If your rights were violated during the dismissal procedure or in any other case that arose during the employment relationship, then you need to defend them in one of the following ways:

Contacting the Labor Rights Protection Inspectorate.
Statement of claim to court.
Contacting the prosecutor's office.

A citizen of the Russian Federation whose rights have been violated may appeal simultaneously to all competent authorities. Administrative punishment is provided for the guilty person.

Attention

But the citizen himself does not have the right to initiate such a case through the court. This can only be done by either the prosecutor's office or the labor inspectorate. To do this, you need to send a complaint to these structures.

The general director of a company, for example, must give notice of his resignation at least a month in advance (Article 280 of the Labor Code of the Russian Federation). A special situation is the termination of employment relations on the initiative of an employee who is forced to do so due to the employer’s violation of legal norms. In this case, Article 77, paragraph 3, part 1 also applies, but there is no talk of any work off.
Detaining an employee at work is unacceptable. If the reason is, for example, late payment of wages, dismissal must be formalized on the day specified in the application. Important: when drawing up a letter of resignation without service, the employee must indicate in it the reason why continuation of work is impossible. Then the employer will be fully aware of the current situation. In case of refusal, the employee will be able to use the application in court to protect his rights.
The agreement of the parties to terminate the employment contract as a general basis for termination of the employment contract is included in part one of Article 77 of the Labor Code of the Russian Federation under paragraph 1. It fully reflects the contractual nature of the relationship between the employee and the employer. In the Labor Code of the Russian Federation, Article 78 is devoted to the issue of termination of an employment contract by agreement of the parties, consisting of one sentence, in which legislators highlighted that an employment contract can be terminated at any time by agreement of the parties. This emphasizes that on this basis it is possible to terminate both a fixed-term employment contract and a contract concluded for an indefinite period. The legislation has not established any more rules for either the employee or the employer, which means that the parties are given freedom of action.

No written statements from the employee or notifications (proposals) from the employer are required. However, in practice, the most seemingly unencumbered grounds for dismissal are sometimes unreasonably complicated. First of all, let's pay attention to the following very common design model.

The personnel service invites the employee to write a statement to terminate the employment contract. This registration model is usually explained by the employer’s desire to play it safe - so that it can be proven that the offer came from the employee. In this case, at best, the employee is prompted with the following text: “I ask you to dismiss me by agreement of the parties” or “I ask you to terminate the employment contract by agreement of the parties.”

And it happens that the application contains a request to terminate the employment contract without any explanation - “I ask you to terminate the employment contract with me.”

It is almost impossible to regain your labor rights. How to resign correctly To do this, you must notify the employer 2 weeks in advance. If the relationship is trusting, then this can be done orally.

But in the event of a conflict, it will be difficult to prove this in court later. Therefore, to avoid misunderstandings, statements should be written. Writing sample No special requirements or special legal education are required.

You can write the following to the manager: “In accordance with Art. 80 of the Labor Code of the Russian Federation, I ask you to dismiss me from my position.” Below is the number and signature. From the day the manager or other authorized official receives this application, the two-week period will begin to count.
Download a blank formDownload in.doc Download a completed sampleDownload in.doc The period of service upon dismissal at one's own request (Article 77, paragraph 3, part 1) is counted from the date the employer receives the application and in general cases is two weeks. However, there are exceptions to every rule. the parties can agree to reduce working hours upon dismissal at their own request (Article 77, paragraph 3, part 1), up to complete cancellation, if the employer is satisfied with this option (Part 2 of Article 80 of the Labor Code of the Russian Federation). The law provides for a whole list of reasons why certain categories of employees are given special notice periods for voluntary dismissal (Article 77, paragraph 3, part 1). For example, seasonal work or a probationary period during employment.

Article 77 refers to Chapter 13 of the Labor Code of the Russian Federation, which generally describes the procedure for dismissing personnel. This chapter begins with Article 77, and therefore includes a list of general grounds for dismissal. Only general formulations of the grounds are indicated; details for each point are given in subsequent articles of the 13th chapter.

The article under consideration of the Labor Code of the Russian Federation provides for 11 cases of dismissal, they are spelled out in the first part, in brackets for each item the number of the article is indicated, explaining the dismissal procedure:

Article 77 paragraph	Grounds for dismissal under Article 77	Article of the Labor Code of the Russian Federation defining the procedure for dismissal
1	Agreement of the parties	78
2	End of a fixed-term employment contract	79
3	Employee initiative	80
4	Employer initiative	71 and 81
5	Transfer to another company	72.1
6	Refusal from further work due to change of ownership, reorganization	75
7	Refusal to further work if the terms of the contract are adjusted	74 hours 4
8	Refusal to transfer required for medical reasons	73 parts 3 and 4
9	Refusal to transfer outside the current locality with the employer	72.1
10	Circumstances beyond the control of the parties	83
11	Violation of the rules for drawing up an employment contract	84

The general dismissal procedure boils down to collecting the necessary documentation, on the basis of which the T-8 order is prepared. The latter, in turn, serves as a reason for recording an entry in the personal work book of the dismissed person.

Dismissal under clause 1 of article 77

Agreement of the parties is the mutual consent of the participants in the labor relationship to terminate it on pre-agreed conditions. Specific conditions are fixed on paper by drawing up and signing an agreement in two copies.

This agreement establishes the date of dismissal, upon which the employer must issue documents to the dismissed person and provide him with a payment. In addition, it may determine a special procedure for dismissal, payment of compensation, provision of leave before dismissal and other conditions.

The initiative can come from any of the two parties to the employment contract. The written agreement that the parties draw up upon the agreement on dismissal can be concluded at any time before the resigning person’s last working day.

When dismissing on this basis, it is permissible not to draw up a written agreement, but to agree on the terms orally. However, there is a certain risk associated with a possible violation of oral agreements, so it is still recommended to consolidate the decisions made on paper.

If the parties change their minds about terminating the relationship, then the planned procedure can be canceled if there is a mutual desire of both participants in the labor relationship. It is impossible to revoke an agreement unilaterally.

If an agreement is not drawn up, then the employee needs to write a letter of resignation to obtain documentary support for issuing the T-8 order.

The order specifies the information about the agreement or application, and also indicates the wording of the basis from Article 77 and indicates the paragraph number - 1.

Example agreement

Dismissal under clause 2 of article 77

Paragraph 2 applies when the employment contract has a limited duration and is about to expire. The termination date may be a specific date or the occurrence of an event.

Documentation for this basis includes:

Notice of dismissal – if required;
Order of dismissal;
Recording the fact of dismissal in the work book and T-2 card.

A notice is a written warning document, the purpose of which is to inform the employee of the impending termination of work. The conscript must be informed 3 days before the expiration of the contract, if the specific day on which the validity period ends is known. If the exact number is not known, this is possible when replacing an absent employee, then there is no need to warn the conscript 3 days in advance. When the main employee returns to work, the conscript replacing him is dismissed, regardless of whether the warning was fulfilled or not.

If the term ends and the parties remain silent about it, then the contract is extended for an indefinite period.

In the dismissal order, in the line to indicate the grounds, a reference is made to the 2nd paragraph of Article 77 and the wording of this paragraph is given. In the line about documentary justification, the details of the notification and the clause of the employment contract with the expiration date specified in it are written.

If the validity period expires when the main employee leaves, then an order about this should be drawn up, which will serve as a documentary basis for issuing the order in the T-8 form.

If the reason for the end of the validity period is related to the completion of work or services, then the documentary basis will be a document confirming the fact of completion of work or services (for example, an acceptance certificate).

Example notification

Dismissal under clause 3 of Article 77 (dismissal at will)

This reason is the most popular reason for dismissal. The employee is required to submit a written application document outlining a request to terminate the contract. The obligation of management to accept the application and formalize the dismissal at the end of the service period is 1 month for management personnel and 2 weeks for all other persons.

The order is processed and payments are calculated on the last day of the warning period. The order contains a reference to paragraph 3 of Article 77 and the wording of this paragraph; in the line for indicating the document details, data on the employee’s statement of personal desire to resign is provided.

In the application, indicating the reason for terminating relations with the employer is not mandatory; it is enough to note your own desire to quit and promptly notify management of your intentions.

Application example

Dismissal under clause 4 of article 77

The clause stipulates that the initiative for dismissal comes from the employer. Article 81 of the Labor Code of the Russian Federation establishes cases when this is possible. Among the most common reasons are liquidation, layoffs, violations of discipline, and failure to fulfill duties.

The dismissal procedure and documentation depend on the reason for termination of the contract:

Liquidation – order of liquidation/closure, notification of the employee (clause 1 of Article 81);
Reduction - an order to reduce staff, a notice of dismissal to laid-off employees sent to them 2 months in advance (clause 2 of Article 81);
Inconsistency with the position is documentary evidence that the employee is not suitable for the given job and cannot cope with it (clause 3 of Article 81);
Inappropriate behavior of an employee - documents are required confirming the employee’s guilt - reports, reports, explanatory and other documents.

When terminating the contract under clause 4, with proper documentation, it is not necessary to obtain the consent of the person being dismissed. The dismissal procedure boils down to collecting the necessary documents, informing the employee about the inevitable event, issuing a T-8 order, recording the fact of dismissal in the necessary documentation, as well as making settlements with the dismissed person.

Dismissal under clause 5 of article 77

An employee has the right to change jobs and transfer to another organization with which he has an agreement. If there are no obstacles to the transfer on the part of the current employer, dismissal is carried out without working out the 5th point.

Documentary justification - an application for termination of the contract in connection with the planned transfer to another company.

Dismissal under clause 6 of article 77

When a new owner comes to the management, dismissal can only affect representatives of the management team; all other workers can continue to work in their places. Any employee himself can terminate the relationship if he does not want to work with the new management, while the wording from paragraph 5 of Article 77 is written in the order.

Documentary justification includes:

Documentary evidence of a change in the owner of the company or its reorganization;
Warning employees about innovations;
Statement from an employee who does not want to continue working in the organization.

Dismissal under clause 7 of article 77

The revision of the current working conditions may not suit the worker, in which case the employee may be dismissed under point 7. In this case, we mean the organizational or technological terms of the contract.

Documentary justification:

Notification from management about planned updates to working conditions;
Statement from an employee about unwillingness to accept changes.

If the employee does not write a refusal before the end of the warning period specified in the notification form, then the employee’s agreement with the updated terms of the employment relationship is automatically recognized.

Dismissal under clause 8 of article 77

The basis from paragraph 8 is used if a medical report requires the worker to be transferred to another job for a long period (at least 4 months). If the employee has no desire to make such a transfer, as well as in the case when the employer has nothing to offer, dismissal is carried out under paragraph 8 of Article 77.

Documentary justification:

Offer a suitable job;
Statement from an employee about unwillingness to accept the employer's offers.

Dismissal under clause 9 of article 77

When the employer moves outside the current locality, the employee may not have the desire to change his usual environment and follow his workplace to another area, while the procedure for terminating the contract is carried out under this paragraph of Article 77.

Documentary justification:

Relocation decision;
A proposal for transfer, which is sent to the worker 2 months before the actual date of relocation;
Written confirmation of unwillingness to transfer, prepared in response to an offer.

Dismissal under clause 10 of article 77

The clause applies in the following cases:

Call for service;
Reinstatement by decision of the supervisory authority;
Judicial punishment preventing further work;
Declaration of incompetence;
Death of a participant in labor relations;
Emergencies;
Other points from Article 83.

Documentary justification for issuing an order T-8 depends on the reason for termination of the contract and must confirm the fact of its presence.

Dismissal under clause 11 of article 77

The clause applies in case of violation of the requirements for drawing up an employment contract. Specific situations are enshrined in Article 84:

Failure to provide workers with the necessary documents to occupy a specific position,
Employment in a job that is not suitable for medical reasons,
Employment in positions prohibited for this person to occupy by a court decision;
other situations from Article 84.

As soon as the employer detects the presence of one of the situations listed in Article 84, he must formalize dismissal. However, you must first offer a transfer to another suitable position. If the proposed positions do not suit the employee, then dismissal is issued.

Documentary justification:

Offer of another suitable job;
A written statement confirming your unwillingness to work in other positions.