Termination of an employment contract at the initiative of the employee (at his own request). In what cases does an employee have the right to terminate an employment contract? Termination of contract at the initiative of the employee article

Labor Code, N 197-FZ | Art. 80 Labor Code of the Russian Federation

Article 80 of the Labor Code of the Russian Federation. Termination employment contract at the initiative of the employee (by at will) (current edition)

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In cases where an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in educational organization, retirement and other cases), as well as in cases established violation employer labor legislation and other normative legal acts containing norms labor law, local regulations, conditions collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws the conclusion of an employment contract cannot be refused.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book or provide information about labor activity(Article 66.1 of this Code) from this employer, issue other documents related to the work, upon the written application of the employee, and make a final settlement with him.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

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Commentary to Art. 80 Labor Code of the Russian Federation

1. Article 80 establishes the general (unified) procedure and conditions for termination at the initiative of the employee of both a fixed-term employment contract and an employment contract concluded for indefinite period. Thus, the possibility of terminating an employment contract before its expiration at the initiative of the employee is not related to the presence of valid reasons. An employee has the right to terminate any employment contract at his own request at any time. He is only obliged to notify the employer about this in writing no later than two weeks in advance. The head of the organization is obliged to warn the employer (the owner of the organization’s property or his representative) in writing about early termination employment contract no later than one month in advance (see commentary to Article 280). An employee who has entered into an employment contract for a period of up to two months, as well as an employee engaged in seasonal work, are required to notify the employer in writing of the early termination of the employment contract three calendar days in advance (see commentary to Articles 292, 296).

2. A written form of resignation is required. An employee's oral statement about termination of an employment contract cannot be the basis for the employer to issue a corresponding dismissal order. The obligation of the employee provided for by the Labor Code to notify the employer of termination of the employment contract at his own request no later than two weeks (the head of the organization - one month in advance) means that he can do this for a longer period. Two weeks (a month) is the minimum period within which the employee is obliged to notify the employer of the desire to terminate the employment relationship. The notice period begins the day after the employer receives the employee’s resignation letter. So, if an employee submitted a letter of resignation on June 1, then the two-week period expires on June 15. This day will be the last day of work (day of dismissal) (see commentary to Article 84.1).

3. In accordance with Part 2 of the commented article, by agreement between the employee and the employer, the employment contract can be terminated before the expiration of the established notice period. It should be borne in mind that in this case the basis for dismissal will be the employee’s own desire, and not the agreement of the parties provided for in paragraph 1 of Art. 77 TK. Termination of an employment contract by agreement of the parties is possible only when the employer’s consent to dismissal has legal significance and without such consent the employment contract cannot be terminated (see commentary to Article 78). In the case where the employee himself has expressed a desire to terminate the employment relationship and asks to be dismissed before the expiration of the established notice period, the employer’s consent to the termination of the employment contract itself has no legal significance. It is only important for determining the specific date of dismissal, because the employee asks to be dismissed before the expiration of the period established for notice of voluntary dismissal. If the parties have agreed to terminate the employment contract before the expiration of the established notice period, the employment contract is terminated on the basis of clause 3 of Art. 77 TC per day determined by the parties.

The agreement of the parties on early (before the expiration of a two-week period) termination of the employment contract must be expressed in writing, for example, in the form of an employer’s resolution on the application of the employee who requested dismissal from a specific date. An oral agreement between the parties cannot be evidence of such an agreement. This is evidenced by judicial practice. Thus, the Supreme Court of the Republic of Buryatia rightfully recognized as unfounded the decision of the Railway Court, which refused gr. L. for reinstatement, pointing out that in L.’s application there is no employer’s resolution that would confirm his consent to terminate the employment contract before the expiration of the notice period. Therefore, based on this statement, it cannot be concluded that there was a bilateral agreement to terminate the employment contract before the expiration of the notice period for dismissal (Review of cassation practice on civil cases Supreme Court of the Republic of Buryatia for 12 months of 2006 dated 10/19/2007).

If the employer does not agree to terminate the employment contract before the expiration of the notice period, the employee is obliged to work for the established period. Early termination of work in this case is a violation of labor discipline. A violation of labor discipline will also include termination of work without notice of dismissal. An employee who leaves work without permission may be fired for absenteeism. In turn, the employer does not have the right to dismiss an employee before two weeks after he submits an application for termination of the employment contract, if the application does not indicate the date of dismissal, or before the expiration of the period specified in the application. During the entire warning period, the employee retains his workplace (position).

4. If an employee’s application for voluntary resignation is due to the impossibility of continuing his work (enrollment in an educational institution, retirement, sending a husband (wife) to work abroad, to a new place of duty and other cases), the employer is obliged to terminate the employment contract in the period specified in the employee’s application.

The same obligation also arises for the employer in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract. It is necessary to keep in mind that these violations can be established, in particular, by the authorities implementing state supervision and control over compliance with labor legislation, trade unions, labor dispute commissions, and the court (clause 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2).

Judicial practice under Article 80 of the Labor Code of the Russian Federation:

• Decision of the Supreme Court: Determination N 20-КГ17-7, Judicial Collegium for Civil Cases, cassation

  Part 4 of Article 80 Labor Code Russian Federation it is stipulated that before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time...

• Decision of the Supreme Court: Determination N 78-КГ14-12, Judicial Collegium for Civil Cases, cassation

  Meanwhile, the Judicial Collegium finds the plaintiff’s arguments presented to be erroneous, based on the incorrect application of substantive law, and the court’s conclusions are consistent with the circumstances of the case and the provisions of paragraph 3 of part one of Article 77, Article 80 of the Labor Code of the Russian Federation. According to paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation, the basis for termination of an employment contract is termination of the employment contract at the initiative of the employee...

• Decision of the Supreme Court: Determination N 5-КГ13-155, Judicial Collegium for Civil Cases, cassation

  Termination of an employment contract at one’s own request (Article 80 of the Labor Code of the Russian Federation) is the implementation of the employee’s guaranteed right to free choice of work and does not depend on the will of the employer...

Secures the unconditional right of an employee to terminate an employment contract at his own request. unilaterally. This right does not depend either on the type of employment contract, or on the nature of the labor function performed by the employee, or on legal status employer.

An employee has the right to terminate at his own request any employment contract, including a fixed-term employment contract before its expiration, and at any time. At the same time, the possibility of terminating an employment contract before its expiration at the initiative of the employee is not related to the presence of valid reasons. He is only obliged to notify the employer about this in writing no later than two weeks in advance.

The head of the organization is obliged to notify the employer (the owner of the organization's property or his representative) in writing about the early termination of the employment contract no later than one month in advance (see Article 280 of the Labor Code).

An employee who has entered into an employment contract for a period of up to two months, as well as an employee engaged in seasonal work, are required to notify the employer in writing three calendar days in advance of the early termination of the employment contract (see Article 292, Labor Code). The specified period begins the next day after the employer receives the employee’s resignation letter. So, if an employee submitted a letter of resignation on June 1, then the two-week period expires on June 15. This day will be the last day of work (day of dismissal) (see commentary to Article 84.1).

2. The employee’s will to terminate the employment contract must be expressed in writing. A written form of resignation is required. An employee's oral statement about termination of an employment contract cannot serve as a basis for dismissal. The obligation of the employee provided for by the Labor Code to notify the employer of termination of the employment contract at his own request no later than two weeks (the head of the organization - one month in advance) means that he can do this for a longer period. Two weeks (month) is the minimum period within which the employee is obliged to notify the employer of his desire to stop labor relations.

3. By agreement between the employee and the employer, the employment contract may be terminated before the expiration of the established notice period. Moreover, in this case, the basis for dismissal will be the employee’s own desire, and not the agreement of the parties provided for in paragraph 1 of Art. 77 TK. Termination of an employment contract by agreement of the parties is possible only when the employer’s consent to dismissal has legal significance and without such consent the employment contract cannot be terminated (see commentary to Article 78).

If the employee himself has expressed a desire to terminate the employment relationship and asks to be dismissed before the expiration of the established notice period, the employer’s consent to the termination of the employment contract itself does not play a legal role. It only matters for determining the specific date of dismissal.

If the parties have agreed to terminate the employment contract before the expiration of the established notice period, the employment contract is terminated on the day determined by the parties (clause 3, part 1, article 77 of the Labor Code).

In this case, it is very important not only the presence of the employee’s will to resign on his own initiative, but also the form of expression of such will. The agreement of the parties on early (before the expiration of a two-week period) termination of the employment contract must be expressed in writing, for example, in the form of an employer’s resolution on the application of the employee who requested dismissal from an earlier date.

An oral agreement between the parties cannot serve as such evidence. Judicial practice also testifies to this. Thus, the Supreme Court of the Republic of Buryatia rightfully recognized as unfounded the decision of the Railway Court, which refused gr. L. to be reinstated under the following circumstances.

On February 15, 2006, L. applied to her employer to resign of her own free will as of February 16, 2006, but the application was not signed. According to the employer, she will be fired after another candidate is found for her position. L. continued to work, but on February 20, 2006 she broke her arm and was hospitalized. After being discharged, she found out that she had been fired since February 16, 2006.

The railway court, where L. filed a claim for reinstatement at work, denied her claim, citing the fact that the employment contract was terminated within the period determined by the parties.

In overturning the decision of the Railway Court, the Supreme Court of the Republic of Buryatia quite correctly pointed out that in L.’s application there is no employer’s resolution that would confirm his consent to terminate the employment contract before the expiration of the notice period for dismissal, and, therefore, on the basis of this application it is impossible to make the conclusion that there was a bilateral agreement to terminate the employment contract before the expiration of the notice period for dismissal * (59) .

If the employer does not agree to terminate the employment contract before the expiration of the notice period, the employee is obliged to work for the established period. Early termination of work in this case violates labor discipline. Stopping work without notice of dismissal will also be a violation of labor discipline. An employee who leaves work without permission may be fired for absenteeism.

In turn, the employer does not have the right to dismiss the employee until two weeks have passed after filing an application for termination of the employment contract. This rule also applies to cases where the employee does not indicate a specific date of dismissal in the application. In other words, if in the resignation letter the employee did not indicate the date of termination of labor rights, then general rule, i.e. dismissal takes place two weeks after submitting the application.

Judicial practice also comes from this. Thus, the Nizhny Novgorod Regional Court, considering the case of the voluntary dismissal of N., who filed an application without indicating a specific date of dismissal (i.e., did not intend to terminate the employment contract before the expiration of two weeks and did not raise the question of reaching an appropriate agreement with the employer), indicated that under such circumstances the employment contract could be terminated by the employer only upon expiration of the notice period, i.e. after two weeks from the date of submission of the application * (60).

A similar decision was made by the Ryazan Regional Court, which recognized as justified the decision of the court of first instance to reinstate A., who on August 8, 2006 submitted a letter of resignation at his own request, assuming that he would be fired after a two-week period. However, he was fired by order of August 9, 2006 * (61)

4. In cases where the employee’s application for resignation at his own request is due to the inability to continue working (enrollment in an educational institution, retirement, sending a husband (wife) to work abroad, to a new place of duty), the employer is obliged to terminate the employment contract in the period specified in the employee’s application. The same obligation arises in the event of a violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract.

It is necessary to keep in mind that these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, labor dispute commissions, and the court (clause 22 of the Plenum resolution Supreme Court RF dated March 17, 2004 N 2).

5. An employee can notify the employer of termination of the employment contract at any time, including during the period when he is absent from work for some reason (for example, during a period of temporary disability, while on vacation, on a business trip, etc. ). This is due to the main purpose of the notice of dismissal: to give the employer the opportunity to select a new employee. By notifying the employer about dismissal in advance, the employee provides him with such an opportunity. It doesn’t matter whether he is at work, on vacation or sick.

From the moment the resignation is submitted, the employer has the right to begin searching for a new employee. Therefore, all this time from the date of filing the application for resignation at one’s own request is counted towards the notice period for dismissal. If an employee on vacation requests dismissal before the expiration of the statutory notice period, and the employer agrees, dismissal is carried out within the period requested by the employee.

The employer has the right to terminate the employment contract with the employee upon expiration of the notice period for dismissal and in the event that the employee falls ill during the notice period, since the time of illness does not suspend the period after which the employee is subject to dismissal. Dismissal of an employee at his own request in accordance with his application is also possible during a period of temporary incapacity for work, since the initiative for dismissal comes from the employee, and not from the employer.

6. The employee’s decision to resign of his own free will must be an act of his free will and express a real desire to terminate the employment relationship. In this regard, the Plenum of the Supreme Court of the Russian Federation, in Resolution No. 2 of March 17, 2004, specifically explained that termination of an employment contract at the initiative of an employee is permissible in cases where filing a resignation letter was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then these circumstances are subject to verification and the responsibility to prove them rests with the employee (paragraph “a”, paragraph 22).

Any pressure from the employer, including the threat to fire him on his own initiative in cases where the employer had any reasons for this, can be considered as coercion to dismiss an employee at his own request. Otherwise, we cannot talk about termination of the employment contract at the initiative of the employee.

The Laginsky District Court of Elista came to this conclusion quite correctly, satisfying the claim for reinstatement of the citizen. U., who submitted her resignation of her own accord under pressure from her manager, who threatened to “ruin her work book” by dismissing her “under article” for losing a report and failing to submit it *(62) .

7. Part 4

The Labor Code provides for a number of grounds for termination of an employment contract, which are discussed in Article 77. According to it, the employer and employee can terminate their employment relationship at the initiative of either party. In this article we will look at exactly how termination of an employment contract can occur.

General procedure

According to the Labor Code, upon termination of an employment contract, an order or instruction of the employer must be drawn up, which the employee must be familiar with by signature. If an employee refuses to sign a document, a corresponding entry is made on the order. A copy of the order or instruction, at the request of the employee, can be handed over to him.

In any case, the day of termination of the employment contract is the employee’s last working day (with the exception of cases when the employee did not actually work, but retained his job).

The employer must make an entry in the work book in full compliance with the Labor Code. This means that the wording must indicate the article, paragraph or part of the article.

On the last working day - the day of dismissal - the employer is obliged to issue the employee a work book and a full payment. If an employee does not show up for documents, he must be sent a notification about the need to obtain a work book. If an employee who has not received the book on time requests that it be issued to him, the employer is obliged to do this within three days from the date of the request (meaning three working days).

Agreement of the parties (Article 78 of the Labor Code of the Russian Federation)

If the employer and employee decide to terminate their employment relationship by agreement of the parties, then the employee must submit an application with a request to dismiss him in accordance with paragraph 1 of Art. 77 of the Labor Code of the Russian Federation. Such dismissal differs significantly from voluntary dismissal. For example, if an employee registers as unemployed after dismissal, his benefit will be determined not on the basis of the minimum wage, as for someone dismissed at his own request, but on the basis of the official salary at his last place of work.

The agreement to terminate the employment contract is concluded in writing and, in essence, is additional agreement, which is attached to the employment contract. It is concluded between the employee and the employer in the absence of mutual claims. On behalf of the employer, the agreement can be signed by an inspector of the HR department or another authorized person. Such an agreement, as a rule, satisfies the interests of the employee. For example, he may receive compensation for termination of an employment contract, or the administration of the enterprise will refuse to withhold the cost of training the employee (if training took place).

Termination of a fixed-term employment contract (Article 79 of the Labor Code of the Russian Federation)

If an employee is working under a fixed-term employment contract, then three days before its expiration date - actual dismissal - the employer must warn the employee in writing. This means that the employee must be given or mailed notice of termination of the employment contract. A fixed-term contract can be concluded:

• to perform the duties of a temporarily absent employee (such a contract must be terminated simultaneously with the return of this employee to his place of work);
• for the duration of certain work (such an agreement is terminated upon completion of the work specified in it);
• contract for seasonal work (such a contract is terminated at the end of the season).

But there is one subtlety in the issue of terminating a fixed-term contract: if a pregnant woman works under it, then the term of such contract is extended until she becomes entitled to maternity leave.

If an employee working under a fixed-term contract wants to resign of his own free will, then he must submit an application addressed to the manager (that is, notify him) three days before the date of dismissal.

Termination of an employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation)

Dismissal at the initiative of an employee is nothing more than dismissal at his own request. An employee has the right to submit an application for resignation at his own request at any time, at least two weeks before the date of dismissal, and the head of the organization - a month before. The reason for such dismissal may be any personal circumstances. But if an employee quits due to:

• with admission to an educational institution;
• retirement;
• moving to another area;
• due to violations of labor laws by the employer;
• he has the right to dismissal without service.

During service, the employee has the right to change his mind and withdraw his application. In this case, he will continue to work in his place, unless, of course, a new employee has already been hired for him, who cannot be refused employment for some reason.

If the employee nevertheless resigns, then on the last working day the employer is obliged to pay the employee in full, paying him the amount due wages, compensation, vacation pay, and also issue all necessary documents and work book.

An employee who has not withdrawn his application, but does not insist on dismissal, and the employer has not calculated it within the required period and has not issued documents, is considered to continue working, and his application for dismissal is declared invalid.

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

The employer, like the employee, has the right to terminate the employment contract on his own initiative. The grounds for termination may be general or additional. General ones apply to all employment contracts, and additional ones apply to employment contracts. individual categories employees. Termination of an employment contract by common grounds can happen in several cases:

• upon liquidation of an enterprise;
• when there is a reduction in staff or number of employees;
• due to the employee’s inadequacy for the position held (due to low qualifications, which is confirmed by certification documents, for health reasons - confirmed by a medical report);
• due to a gross one-time violation of labor duties by an employee (absenteeism, going to work in a state of alcohol, drug or toxic poisoning, disclosure of state or commercial secrets);
• due to repeated failure to fulfill job duties (if the employee already has disciplinary sanctions);
• committing theft, embezzlement, intentional destruction and damage to property;
• violations of labor protection requirements that resulted in an accident, breakdown, catastrophe or created a real threat thereof;
• for committing immoral acts (for teaching staff);
• in case of loss of trust (for financial workers);
• for making unfounded decisions that resulted in the unlawful use of property (for managers, deputy managers, chief accountants);
• for providing false documents when concluding an employment contract.

It is worth noting that in order to terminate an employment contract with an employee on one of these grounds, the employer must have supporting documents. This means that showing up for work is possible alcohol intoxication must be recorded by an act confirming the employee’s presence at the workplace and a medical report.

An employer cannot fire an employee who is on sick leave or on vacation (with the exception of liquidation of the enterprise).

If the employer is individual entrepreneur, then upon termination of its activities, it can terminate employment contracts with its employees. In this case, the basis for terminating the employment contract will be an extract from the Unified State Register of Individual Entrepreneurs.

Additional grounds for terminating an employment contract

Termination of an employment contract by an employer is also possible on additional grounds that are specified in other regulations. For example, teaching staff may be fired for using inappropriate educational methods (this includes physical or psychological violence) or violating the Charter educational institution(Federal Law “On Education”), and civil servants - for disclosing information constituting a state secret or occupation entrepreneurial activity(Federal Law “On Civil Service”).

With whom the employment contract cannot be terminated at the initiative of the employer?

• pregnant women;
• women who have children under three years of age;
• single mothers who have children under 14 years of age or have a disabled child under 18 years of age;
• other persons who raise children without a mother.

Dismissal by transfer

Such dismissal can only be made if there is a corresponding application from the employee and confirmation from another employer of consent to hire him (this can be a letter of guarantee or a signed application for employment). If we are talking about election to any elective position, the employee must provide a document confirming the election.

Dismissal of an employee due to refusal to continue work (Article 75 of the Labor Code of the Russian Federation)

Such dismissal is possible if there is a change in the owner of the organization’s property, reorganization or change in the jurisdiction of the institution. In this case, the employee simply submits a resignation letter. This rule does not apply to the chief accountant, manager and his deputy. The employment contract with them can be terminated at the initiative of the new owner of the organization’s property within three months after his property rights arise.

Dismissal of an employee due to a change in significant working conditions

In practice, situations often arise when, when organizational or technological working conditions change, the terms of the employment contract also change, but without a fundamental change in the labor function. The employee must be notified in writing of such changes two months before their introduction. If the employee is not satisfied with the new conditions, the employer is obliged to offer him another job (the offer is also made in writing), which corresponds to his qualifications and state of health. If there is no such work, and the employee does not agree to work under the changed conditions, the employment contract is terminated (Article 73 of the Labor Code of the Russian Federation).

Sometimes changes in working conditions can lead to mass layoffs. In these cases, a part-time work schedule is possible, which can be introduced in agreement with the trade union for a period of up to six months. If the employee refuses to work under the new conditions, then the contract is terminated according to Article 81 of the Labor Code of the Russian Federation.

Dismissal due to health reasons

The employee has the right to apply for another job in accordance with his state of health, which must be confirmed medical documents. But if the organization does not have suitable work or the employee refuses the transfer, then the employment contract is terminated according to Article 77, paragraph 8 of the Labor Code of the Russian Federation. The documents must include a medical report, an employee’s application for transfer to another job, and documents confirming the lack of suitable work (or the employee’s refusal to transfer to a specific job).

Termination of an employment contract due to the employer's relocation to another location

It happens that the owner of an enterprise transfers production to another area. In this case, the employer is obliged to notify employees in writing about the transfer of production, and upon receiving a refusal to transfer, together with the organization, terminate the employment contract with those who refused.

Termination of an employment contract due to circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation)

The grounds for termination of an employment contract with the wording “due to circumstances beyond the control of the parties” can be very different, for example:

• conscription;
• reinstatement of a former employee (by court or decision of the labor inspectorate);
• impossibility of transfer to another job at the request of the employee;
• failure to be elected to office;
• recognition of the employee as disabled according to medical documents;
• conviction of an employee to punishment (by a court decision), disqualification, administrative punishment, excluding the possibility for the employee to perform his duties;
• death of an employee or his unknown absence;
• emergency circumstances (natural disasters, catastrophes, wars, epidemics, accidents), which are recognized by a decision of the Government of the Russian Federation.

The procedure for terminating an employment contract in this case requires providing documentary evidence circumstances arise, and then, based on the documents presented (a summons from the military registration and enlistment office, death certificate, court decision, medical report, etc.), an order is issued to terminate the employment contract.

But in some cases, the employer may offer the employee a transfer to another position. For example, when a former employee is reinstated by a court decision, the employer has the right to offer the employee who worked in his place another job.

Termination of an employment contract due to violations during its conclusion (Article 84 of the Labor Code of the Russian Federation)

Sometimes labor inspectorate violations that were committed during the conclusion of the employment contract are identified. Such contracts must be terminated by law. The reasons can be very different, for example:

• the contract was concluded with an employee who, by a court decision, is prohibited from holding a given position or performing a specific job (in this case, the employee must first be offered another job in writing, and if he refuses, the employment contract with him must be terminated);
• the contract was concluded for the performance of work that is contraindicated for the employee due to health reasons (there must be a medical report);
• the contract was concluded with an employee without specialized education (if, in accordance with regulations position or type of work performed by an employee requires special education of a certain level).

In any of these cases, the employer who allowed the conclusion of an unauthorized contract is obliged to pay the employee severance pay in the amount of average earnings. The exception is a situation where the employee misled the employer. In this case, the contract with the employee is terminated at the initiative of the employer (providing false documents).

Features of terminating an employment contract with foreign citizens

If the employer cooperated with foreign citizen, then within three working days after the termination of the employment contract with him, he must report this to the territorial body of the FMS, the employment center and the territorial tax authority.

Termination of an employment contract means the dismissal of an employee from his position. It is during dismissal that violations of the law often occur. And the employee is forced to use one or more methods.

We propose to consider how and under what circumstances termination of an employment contract is carried out. What you need to know when resigning, and how to do it right.

Grounds for termination of an employment contract

Labor legislation provides the following reasons termination of labor relations:

• employee initiative
• employer-employee agreement
• employer initiative
• expiration of the employment agreement
• with the consent of the employee
• refusal of an employee to continue working due to changes in working conditions
• refusal to transfer to another job due to the employee’s health condition
• violation of the law when concluding an employment agreement
• circumstances beyond the control of the parties
• refusal to move to another area with the employer
• refusal to continue work due to a change in the owner of the organization, change in jurisdiction, type of institution, etc.

The employer is responsible for entering reliable information about the grounds for termination (termination). In case of violation, you can contact.

Procedure for terminating an employment contract

Upon termination of an employment contract, the employer issues a decree (order) to dismiss a specific employee. The order indicates its number and date of publication, the full last name, first name and patronymic of the employee, the full name of the position held by him, the grounds for dismissal with reference to a specific norm of the Labor Code of the Russian Federation.

The order indicates the date of dismissal of the employee. The date of issue of the order and the date of dismissal of the employee may not coincide. That is, an order can be issued to dismiss an employee today, but on a date tomorrow. On the date of dismissal, the employee must work full time.

The order is made in writing and signed by the director. It is given to the employee for inspection against signature. In situations where an employee refuses familiarization, an appropriate document is drawn up.

On the last working day, the employer makes a full payment to the employee and issues him a work book with a record of dismissal. If on the day of his dismissal an employee does not show up for his documents, he is sent a message about the need to obtain them. An employee who has not received documents in a timely manner may apply. In this case, the employer must issue documents within three days.

To an employee working under a fixed-term employment contract, the employer sends a written notice three days before dismissal.

Latest changes: January 2020

Parties to labor relations have the right to conclude labor agreement and terminate it at your own discretion. Every employed citizen can terminate labor contract, acting in a strictly defined order. Termination of an employment contract at the initiative of an employee is regulated by the provisions of Articles 77 and 80 of the Labor Code of the Russian Federation, and other legislative norms establishing the sequence of actions upon dismissal.

General provisions of the law

Regardless of whether the contract (hereinafter referred to as TD) is indefinite or fixed-term, an employed citizen has the right to apply to the employer with a request to terminate the employment relationship. A description of the actions to terminate the contract at the request of a person is given in Art. 77 (clause 3) and art. 80 basic labor legislation. Thus, a single sequence of steps is established when formalizing the separation of an employee from an employer.

While allowing termination of an employment contract at the initiative of the employee, the law does not limit the rights of employees working on a temporary or open-ended contract, without requiring them to report the reasons for dismissal. Enough to have goodwill and inform the administration about this in advance. Depending on the circumstances, advance notice of resignation is given 2 weeks or 1 month in advance (according to Article 280 of the Labor Code of the Russian Federation), if the resigning citizen holds a leadership position at the enterprise.

The notice period may be shortened if the person is on probation. According to Part 4 of Art. 71, 3 days are given for notification. A similar period is established for notifying the employer for seasonal hired work or short-term contracts of no more than 2 months (Article 292 and Article 296).

The period required for notice when hiring an individual, in accordance with Part 2 of Art. 307, may be more or less than 2 weeks, if this is established by the clauses of the concluded TD.

Grounds for termination if the contract is fixed-term

When an employee works on the basis of an open-ended contract, the reasons for termination will be the will of one of the parties to the contract, or a mutual decision (by agreement of the parties).

If concluded fixed-term contract for a specific period of time, then termination of a temporary employment contract may occur under the following circumstances:

1. End of the contract period.
2. Early exit for the work of a person whose duties were performed by a temporary worker.
3. Completion of the scope of work or end of the season.
4. Return to homeland (for foreign workers).
5. The grounds given in Art. 59 TK.

The procedure for terminating an employment contract at the initiative of an employee

Registration of contract termination does not present any difficulties. On the part of the hired employee, all that is required is a correctly drawn up application and monitoring of the employer’s compliance with the standards established by law.

Briefly, the stages of terminating TD are represented by the following steps:

1. Submitting an application to management for approval. The administration does not have the right to prohibit resigning, but can agree on the duration of work from the date of filing the application within 2 weeks.
2. During the working period, the person continues to perform work duties, and the company resolves personnel issues with replacement with a new employee.
3. On the last day of work, the employee receives the last settlement funds - salary for the last period and compensation for accumulated, but not vacation days.
4. Familiarization with the order and signature on familiarization.
5. Making the last entry in the work record and handing out the book with reference to Art. 77 TK.

Any deviation from the procedure is a violation of the law and entails liability. For example, in case of failure to issue labor worker has the right to sue statement of claim with a demand to recover payment of compensation for each missed day.

Application form

The basis for starting the TD termination procedure is a written statement written personally by the employee. No oral agreement is sufficient grounds for termination of a contract.

The application is drawn up according to the approved sample and contains the following structure:

• information about the manager in whose name the application is being submitted;
• personal information about the resigning employee and his position;
• in the main part they express the desire to voluntarily terminate the employment relationship, indicating the last working day (taking into account the expected work);
• date and signature at the bottom of the document with a transcript of the signature.

The application is submitted to management for consideration, and after receiving an approval visa, an internal personnel order is prepared based on the document. (Form T-8)

What do you get upon dismissal?

Upon leaving, an employee, upon his request, is given a package of papers confirming the fact of his labor activity for a certain period at a specific enterprise:

• copy ;
• other internal orders, including transfers, promotions, bonuses;
• a certificate from the accounting department in form 2-NDFL and in the form of the enterprise, drawn up in accordance with order of the Ministry of Labor of the Russian Federation No. 182n;
• work book with the last notice of dismissal.

When agreeing on the terms of termination of a trade agreement, the duration of the work and its necessity plays an important role. As a rule, the parties agree in advance on the need for testing, or refuse it by mutual agreement, based on the documentation in force at the enterprise and Labor Code standards.

Is work required?

The procedure for terminating a contract with an employer at the initiative of an employee involves working off. A two-week period is a standard amount of work, which allows you to prepare in advance for the departure of an employee, organize his replacement and pay the due compensation.

However, it must be remembered that the Labor Code considers 2 weeks as the minimum period, and if a different period is mentioned in the internal regulations of the enterprise, they proceed from the provisions adopted in the organization.

When the employment contract is terminated, personnel service and the accounting department are obliged to prepare the estimated payment in a timely manner and return personal documents with prepared certificates.

When is work required?

Depending on the personal circumstances of the employee and the willingness of the employer to release the specialist before the expiration of the term, it is possible to avoid working off by agreement of the parties. The basis for issuing the corresponding personnel order will be the resolution of the management on the submitted application form.

Situations in which dismissal is possible immediately after receiving a written application are provided for in Article 80 of the Labor Code of the Russian Federation:

1. Personal objective circumstances of the employee under which further work is impossible. This could be enrollment in a university, military service, reaching retirement age.
2. Violations of Labor Code norms by the employer, as well as the latter’s failure to comply with the internal regulations of the organization, the collective agreement, and the provisions of the Labor Code.

Parting with the employer on the personal initiative of the hired specialist is often practiced as a reliable way to avoid possible subsequent claims from the employee. It is important to remember that the application must be submitted by a person solely at his own request, without coercion. If a person changes his mind about resigning during the period of service, he has the right to do so before the dismissal is legally formalized.

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