The law regulates in detail the termination of an employment contract at the initiative of the employer. The fact is that it is in this matter that the employee is least protected, and the field of possible abuse for the employer is wider than in any other area of ​​labor relations. Therefore, the intervention of the law in this issue is completely justified.

Dismissal - strictly according to the law

The employer and employee are parties to an employment contract, that is, an agreement between the parties to establish labor relations between them.

The employer’s right to conclude, amend and terminate (or terminate, which is the same thing) employment contracts in the manner and under the conditions established by the Labor Code of the Russian Federation is enshrined in its article. 22.

It corresponds to the same right of the employee (Article 21 of the Labor Code).

This means that the employer cannot arbitrarily dismiss an employee on his own initiative; there must be legal grounds for this. Compliance with the procedure for terminating an employment contract at the initiative of the employer is also a necessary condition for its legality.

Grounds for dismissal

Dismissal for wrongdoing

The fact of theft, embezzlement or intentional destruction must be established by a judicial act (sentence, resolution) that has entered into legal force.

The falsity of the document submitted by the employee must be properly established and recorded (for example, by a special examination).

Conditions for termination of an employment contract at the initiative of the employer

Each group of grounds has its own order and procedure for dismissal, enshrined in law. Failure to comply with them may lead to the employee’s reinstatement at work and administrative liability of the employer under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

But there are also general conditions: an employee dismissed at the initiative of the employer must not be on vacation or on sick leave at this time (except in cases of liquidation of the organization or termination of the activities of an individual entrepreneur).

Dismissal of an employee during such periods is prohibited by Part 6 of Art. 81 Labor Code of the Russian Federation. Neglecting this rule can also be costly for the employer.

All the grounds for termination of an employment contract at the initiative of the employer listed in the article apply to both fixed-term and open-ended contracts. .

Termination of an employment contract and the end of all relations between the worker and the employer must occur in strict accordance with the rules of law. There are certain reasons when a relationship is terminated. But even in such a situation, the smallest nuances are observed so that everything is in accordance with the law.

General procedure

The basic procedure for terminating an employment contract involves issuing an appropriate order. Employees familiarize themselves with it and then sign it. At the same time, he can refuse to sign, which should also be reflected in the order. In addition to this, he is given a copy of the document.

The day the working relationship ends is when the employee last visited his workplace. There are exceptions here, which relate to those cases when the worker did not go to work, although a place was assigned to him.

In addition, it is important to reflect all the events that occur in the work book, which indicates the article that was used to terminate the contract. This article is not always negative for the employee. After this, the work book is taken by the employee on the day of dismissal, who has the right to receive all the funds due to him for any reason. When he does not come for the documents on his own, he is sent a notice stating the need for him to contact the employer in order to get everything done. The worker himself can come to the office at his place of work and demand the return of his work book. It should not take more than three days from this request to return all documentation.

Grounds for termination

To end the relationship, the conditions and grounds for termination of the employment contract are met.

1. The contract has expired. If the contract has a set time during which a person is obliged to perform labor duties, then before its end, at least three days, the employer must notify his employee. When this does not happen, the contract will be considered concluded for an indefinite period. In some situations, this becomes not particularly beneficial for the employer. The notice in all possible situations must be respected according to the terms of termination of the employment contract.
2. Agreement of the parties. The consent of the employee and his manager will not be enough to terminate the contract. The date of its termination, which the parties must also reach, also plays an important role. A sample for terminating a contract can be found in the HR department, since they deal with this all the time.
3. The employee himself may take the initiative to terminate the employment relationship. Everything must happen in advance, at least two weeks before the event. There are also shorter periods of three days. But this applies to seasonal work, with an employment relationship of up to 2 months. It is also possible to withdraw a written application. But if another employee is hired and it is no longer possible to fire him, then the application is considered and the person is fired.
4. An employer wishes to terminate its relationship with its employee.
5. Transition to a new leader. In this case, there is a dismissal from the previous place of work, and employment by invitation to another.
6. If the terms of the contract have been changed not in favor of the worker, then the contract can be terminated on the basis of current legislation. Dismissal occurs when there are no vacant positions suitable for education and specialization. In this case, the dismissed person must be paid severance pay in the established amount. The same applies when there is a change in ownership or other adjustments in the activities of the enterprise.
7. Conditions may arise that do not in any way affect the opinions and wishes of both parties.
8. If an employment contract is not concluded correctly, when it terminates, all relationships at work are terminated.

On all issues of labor law, a professional lawyer will give free legal advice over the phone, just leave a request.

Employee initiative

A company employee may express his desire to terminate all relations with the employer on his own initiative. In order for the employment contract to be terminated at the employee’s initiative, it will be sufficient to contact the manager with a written application at least two weeks before the date on which there is a desire to terminate all relations. There should be no explanation or indication of reasons. Here the will of the employee comes first.

There may also be some medical indications. That is, the employee develops some diseases, contraindications for working in these conditions, and other issues. After submitting the documentation to the manager, he may be offered possible vacancies where he can be transferred. But a person does not always agree to this, since in most cases conditions deteriorate sharply, wages become lower and other restrictions occur. But even in such a situation, it is better to stay in the position that is offered, because not every employer will be able to take such an employee to their team. Otherwise, the date and time of dismissal is agreed upon, and an order is issued to terminate the employment contract by the employee. The form of this type of document is provided for by legislative acts.

Employer's desire

The employer notifies his employee of dismissal under certain conditions. Such actions must occur no less than a month before the date on which the employment relationship will be terminated. Here, even personal motives can act as a reason when an employee is not satisfied with his manager. Among the reasons are also the lack of the required level of education, illness, cessation of the enterprise itself, provision of documents from a job candidate that were later found to be counterfeit, intentional damage to company property, staff reduction, violation of working conditions and job responsibilities, neglect of labor safety standards and a lot others.

In most cases, if an employment contract is terminated at the initiative of the employer, some evidence should be provided to prove that this actually happened. Being in a state of alcoholic intoxication at the workplace - a report is drawn up, which also includes a medical examination of the person. If he commits absenteeism, then everything is also documented.

Agreement of the parties

When there are no contradictions, claims against each other and financial obligations between the parties at the enterprise, then the clause of termination of the contract is applied, as by agreement of the parties. Termination of an employment contract by agreement of the parties must be formalized in writing. It will be considered an annex to the agreement. In certain situations, it will need to be certified by a representative of the enterprise’s human resources department. A sample agreement to terminate an employment contract can be found on the Internet or by contacting the HR department at the enterprise.

Among the advantages of such a solution for the worker himself are the receipt of compensation, if it is due, as well as the absence of the need to pay the money spent for training that was carried out earlier.

In general, this type of termination has more positive features, which also include:

• no obligation to indicate a reason for dismissal.
• receiving unemployment benefits if he is registered accordingly in a larger amount.
• termination of the relationship before the end of the probationary period.
• There is no indication of the timing of writing a resignation letter.
• independent agreement on the timing and amount of severance pay.
• An extra month is added to the length of service.
• Termination of the contract is possible while on sick leave, on vacation or in other cases of absence from work.

But you should immediately think about the fact that there may also be negative aspects of the decision made. First of all, this concerns the fact that the activities of the employer here are in no way controlled by trade union organizations. This calls into question the legality of the actions of the head of the company. If an agreement to terminate the employment contract of each party is signed, then there is no way back. The employee cannot begin to perform his duties, but will only have to look for a new place of work and try to get a new job. All labor relations will be resumed only if there is mutual agreement.

Termination of a fixed-term contract

A notice of termination of an employment contract is sent by mail to an employee of the enterprise if the contract concluded with him expires in at least three days. There are other methods used by companies, depending on the situation, to terminate a fixed-term employment contract.

Such an agreement is concluded when it is necessary to perform a certain amount of work and upon completion of the work the contract is terminated. The same applies to cases when a person is hired instead of another employee, for example, while on vacation, on sick leave, on maternity leave or absent for other reasons. When the previous employee returns to the place, the contract also ceases to be valid. The most common option is seasonal work, after which the fixed-term employment contract is terminated.

Nuances here arise due to certain categories of workers, which include pregnant women. Until she goes on maternity leave, no one has the right to terminate the contract.

The employee himself may express a desire to end the relationship before the end of the term. To do this, the three-day deadline for submitting a statement of intent must also be met.

Conditions not dependent

The wishes of the parties may not always influence the termination of the contract. There are conditions that are recognized as independent of the will of both the employee and the employer. These include:

• fulfilling duties to the state, which also includes military duty. In this case, the contract is automatically terminated legally.
• A court decision may be made according to which the above-mentioned person is reinstated in the place where he previously worked and performed official duties.
• Climate disasters, various types of disasters, incidents and other issues.
• There was no confirmation that the person was elected to the position. There may be various reasons for such actions.
• The death of an enterprise employee, as well as a court decision declaring him missing.
• Medical contraindications.
• A court verdict under which a person is sent to serve his sentence.

But these are just the main points on the basis of which all employment relationships are automatically terminated. There may be other moments, the occurrence of which is associated with a change in working conditions.

Prohibition on termination

In certain situations, it is very important to obtain consent from the employee in order to terminate the contract. The employer himself cannot fulfill his intentions on his own initiative. This primarily concerns women who are raising children under three years of age, as well as pregnant women. This category also includes single mothers with children under 14 years of age, or minor disabled children.

Their dismissal can occur only in one case - when the enterprise is liquidated and ceases its full-fledged activities. In all other cases, it will be necessary to obtain written consent from the employee in order for him to vacate his position in the company.

Nuances of termination

Regarding pregnant women, it is worth paying attention to other categories of workers with whom there are nuances of terminating an employment contract. There is a state commission on juvenile affairs. If the employer wishes to dismiss such a person, then the decision must be agreed upon with government officials.

When an agreement with persons who are members of the trade union at an enterprise is terminated, then everything must be coordinated with this structure and nothing else. Here, all cases are regulated by labor legislation, namely Article 373 of the code.

Separately, it is worth paying attention to foreign citizens if they are hired. After the expiration of the contract, within three days the employer is obliged to notify the migration service authorities at the location of the enterprise about his actions. A notification is also sent to the employment center, as well as the tax inspectorate. Their dismissal may occur upon the expiration of the documents allowing them to remain in the country legally. This is a residence permit, a corresponding permit, and a concluded insurance contract. Free legal advice over the phone will resolve any of your controversial issues.

The most important legal guarantees of the right to work are the existence of grounds for termination of an employment contract established by labor legislation and a certain procedure for dismissal for each reason.

Dismissal can be recognized as lawful only if three circumstances are simultaneously present:
1) there is a legal basis for dismissal;
2) the procedure for terminating an employment contract on a specific basis has been followed;
3) there is a legal act of termination of the employment contract - an order (instruction) on dismissal.

If you disagree with the dismissal, the employee has the right to go to court to resolve the dispute regarding recognition of the dismissal as illegal, reinstatement at work, recovery of wages for the period of forced absence, and compensation for moral damage.

The procedure for terminating an employment contract at the initiative of an employee is regulated by the provisions of Art. 80 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), according to which an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks, 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. Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time.

Article 80 of the Labor Code of the Russian Federation establishes a general (unified) procedure and conditions for termination, at the initiative of an employee, of both a fixed-term employment contract and an employment contract concluded for an indefinite period. That is, the employee has the right to terminate any employment contract at his own request and at any time. He is only obliged to notify the employer about this in writing no later than 2 weeks in advance. Moreover, if there is an employment contract concluded for a period of up to 2 months or for the period of seasonal work, this period is reduced to 3 calendar days, although such an application can be submitted by the employee for a longer period. The heads of the organization are required to notify the employer of their dismissal no later than one month in advance (Article 280 of the Labor Code of the Russian Federation).

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.

Current legislation has given the employee the right to withdraw his application within a two-week period, and therefore the employer does not have the right to issue a dismissal order earlier than the specified period if he has not reached such an agreement with the employee. At the same time, if such an application is received from the employee, then the employment relationship is considered continued, except for the case specified in Part 4 of Art. 80 of the Labor Code of the Russian Federation, when another employee has already been invited in writing to replace the dismissed person.

It must be taken into account that an employee can withdraw his resignation letter at his own request by sending a corresponding application by mail. In judicial practice, there are cases when such applications are sent to the employer by mail on the last day of work. In this regard, it should be borne in mind that sending an application by mail is one of the legally established ways for a citizen to send his appeal, and in accordance with Art. 14 of the Labor Code of the Russian Federation, the period with which the Code connects the termination of labor rights and obligations begins not from the moment the work of a particular organization ends, but on the next day after the calendar date that determines the end of the labor relationship.

There are often cases when an employee, when writing a resignation letter, only states the date it was written, but does not indicate the date from which he asks to be fired. In such a situation, it is unacceptable to dismiss an employee earlier than two weeks later.

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 this circumstance is subject to verification, and the burden of proof in this case rests with the employee.

1. Definition of the concepts of “termination of an employment contract”, “termination of an employment contract”, “dismissal”

2. Grounds for termination of an employment contract:

• General grounds for termination of an employment contract
• Four groups of grounds for termination of an employment contract
• Additional grounds for termination of an employment contract

3. Termination of the employment contract:

• Termination of an employment contract at the initiative of the employee (at his own request)
• Termination of an employment contract at the initiative of the employer

• Judicial practice of dismissing an employee at the initiative of the employer
• Claims for reinstatement at work and recovery of wages during forced absence

1. Definition of the concepts of “termination of an employment contract”,
"termination of employment contract", "dismissal"

Dismissal is fundamentally different from concepts such as termination or termination of an employment contract.

• termination of an employment contract (Articles 77, 83 of the Labor Code of the Russian Federation, etc.);
• termination of an employment contract (Articles 78, 80 of the Labor Code of the Russian Federation, etc.);
• dismissal of an employee (Articles 80, 81 of the Labor Code of the Russian Federation, etc.).

1. Termination of an employment contract- this is the end of the labor relationship between the employer and the employee. This term is used as general category, which includes all cases of termination of an employment contract regardless of who was the initiator (employee or employer), or the employment contract was terminated for reasons beyond the control of the parties. Termination of an employment contract ends the employment relationship and at the same time means dismissal (except in the event of the death of the employee).

The termination of the employment legal relationship between the parties to the employment contract should be distinguished from the removal of an employee from work, because the employee’s performance of his labor function does not cease altogether, but is suspended for a certain time, usually without payment of wages during the suspension (Article 76 of the Labor Code of the Russian Federation).

The list of general grounds for termination of an employment contract is provided in Article 77 of the Labor Code of the Russian Federation. These grounds can be applied to all employees, regardless of their category.

Additional grounds for termination of an employment contract, applicable to certain categories of employees, are provided for both by the norms of the Labor Code of the Russian Federation and other laws, which will be discussed below.

2. Termination of the employment contract. The term is used upon termination of an employment contract on the initiative of one of its parties(Clause 3 and 4 of Article 77 of the Labor Code of the Russian Federation). That is, termination of an employment contract is the end of the employment relationship by the unilateral expression of the will of the employee or employer. For example, an employee has the right to express his will in notice of termination employment contract at one's own request in accordance with Art. 80 Labor Code of the Russian Federation. The will of the employer can be expressed in termination order employment contract in connection with the commission of a disciplinary offense by an employee in the cases provided for in Art. 81 Labor Code of the Russian Federation.

Termination of the employment contract will mean the termination of the employment relationship. The legal consequence of termination of an employment contract is dismissal employee.

3. Dismissal. If the terms “termination” and “termination” apply to an employment contract, then the term “dismissal” applies directly to the employee.

Dismissal means the same as termination of an employment contract. In addition, this term is used to clarify the procedure for terminating an employment contract and performing appropriate actions.

2) at the initiative of one of the parties to the employment contract - the employee or the employer, including in connection with the transfer of an employee at his request or with his consent to work for another employer or transfer to an elective position (Article 72.1, 81 of the Labor Code of the Russian Federation);

3) in connection with circumstances that exclude, for one reason or another, the possibility of continuing the employment relationship, including:

• expiration of the employment contract (Article 79 of the Labor Code of the Russian Federation);
• due to circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation);
• due to violations of the established rules for concluding an employment contract (Article 84 of the Labor Code of the Russian Federation);

4) in connection with the employee’s refusal for one reason or another to continue the employment relationship(Article 72.1, 75 Labor Code of the Russian Federation).

List of grounds for termination of an employment contract, provided for in Part 1 of Art. 77 of the Labor Code of the Russian Federation is not exhaustive. The Labor Code or other federal laws may provide for other, additional grounds for termination of an employment contract.

Additional grounds for termination of an employment contract

Additional grounds for termination of an employment contract are applicable only to certain categories of employees and are established both by the Labor Code of the Russian Federation and by federal laws that regulate labor relations of certain categories of employees. For example:

• Article 278 of the Labor Code of the Russian Federation establishes additional grounds for terminating an employment contract with the head of an organization;
• Article 288 of the Labor Code of the Russian Federation states that an employment contract with a person working part-time can be terminated, in addition to the grounds provided for in the Labor Code of the Russian Federation and other federal laws, as well as in the case of hiring an employee for whom this work will be the main one;
• Article 336 of the Labor Code of the Russian Federation establishes additional grounds for termination of an employment contract with a teaching employee;
• Article 341 of the Labor Code of the Russian Federation establishes the grounds for termination of work at a representative office of the Russian Federation abroad.

In some cases, additional grounds for termination of an employment contract may be established not only by the law, but also by the employment contract, but in strict accordance with the labor legislation of the Russian Federation. Additional grounds for dismissal may be established in employment contracts only in relation to the following categories of employees:

• head of the organization (clause 3 of article 278 of the Labor Code of the Russian Federation);
• an employee working for an employer - an individual (Part 1 of Article 307 of the Labor Code of the Russian Federation);
• homeworker (Article 312 of the Labor Code of the Russian Federation);
• employee of a religious organization (Part 1 of Article 347 of the Labor Code of the Russian Federation).

Consequently, the parties to an employment contract have the right to independently establish other grounds for dismissal not provided for by law.

3. Termination of the employment contract

Termination of an employment contract at the initiative of the employee (at his own request)

Establishes a general (unified) procedure and conditions for termination at the initiative of an employee of both a fixed-term employment contract and an employment contract concluded for an indefinite period.

The procedure and conditions for terminating an employment contract at the initiative of an employee include the following provisions:

• Reasons for dismissal do not matter. The right of an employee to terminate an employment contract before its expiration on his own initiative is not related to the presence of valid reasons. An employee has the right to terminate any employment contract at any time.
• The employee is obliged to give notice of dismissal. The employee is obliged to notify the employer of dismissal in writing no later than two weeks (the head of the organization warns the employer about this no later than one month in advance (Article 280 of the Labor Code of the Russian Federation); an employee who has entered into an employment contract for a period of up to two months, as well as an employee employed for seasonal work, the employer is warned three calendar days in advance (Articles 292, 296 of the Labor Code of the Russian Federation)). The employee has the right to notify the employer of termination of the employment contract and for a longer period of time. Two weeks (a month, three days) is the minimum period within which an employee is obliged to notify the employer of his desire to terminate the employment relationship.
• Resignation form. The resignation letter must be in writing. An employee's oral statement about termination of an employment contract cannot be the basis for the employer to issue a corresponding dismissal order.
• An employment contract can be terminated before the expiration of the notice period. By agreement between the employee and the employer, the employment contract can be terminated before the expiration of the established notice period. 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 Part 1 of Art. 77 Labor Code of the Russian Federation. If the parties have agreed to terminate the employment contract before the expiration of the established warning period, the employment contract is terminated on the basis of clause 3, part 1, art. 77 of the Labor Code of the Russian Federation on a day determined by the parties. The parties’ agreement on early termination of the employment contract must be expressed in writing, for example in the form of an employer’s resolution on the employee’s resignation letter.
• If the employer does not agree to terminate the contract before the expiration of the notice period. 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. An employee who stops work early may be fired for absenteeism. The employer also does not have the right to dismiss an employee before the expiration of 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.
• If the employee’s application for dismissal is due to the impossibility of continuing his work. If the employee’s application is due to the impossibility of continuing his work (enrollment in an educational institution, retirement, or the presence of other valid reasons due to which the employee cannot continue to work, for example, sending a husband (wife) to work abroad, to a new place of duty), and Also, 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, the employer is obliged to terminate the employment contract within the period specified in the employee’s application. It must be borne 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 Resolution
• Letter of resignation during a period of temporary incapacity for work, while on vacation or a business trip. The employee has the right to notify the employer of dismissal in advance in writing, and it does not matter whether the employee is at work, on vacation or sick. All time from the date of filing an application for resignation at one's own request is counted towards the notice period for dismissal.
• Dismissal of an employee during his illness. The employee's 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.
• Verifying the fact that an employee was forced to submit a resignation letter. 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 this circumstance is subject to verification and the responsibility to prove it rests with the employee (subparagraph “a”, paragraph 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2).
• The employee has the right to withdraw his notice of resignation before the expiration of the notice period.. Based on the contents of Part 4 of Art. 80 of the Labor Code of the Russian Federation and Part 4 of Art. 127 of the Labor Code of the Russian Federation, an employee who has warned the employer about termination of the employment contract has the right to withdraw his application before the expiration of the warning period (and when granting leave with subsequent dismissal - before the start day of the leave), and dismissal in this case is not carried out, provided that in his place in another employee has not been invited in writing, who, in accordance with the Code and other federal laws, cannot be refused to conclude an employment contract (for example, by virtue of part four of Article 64 of the Labor Code of the Russian Federation, it is prohibited to refuse to conclude an employment contract to employees invited in writing to work in transfer from another employer, within one month from the date of dismissal from the previous place of work). If, after the expiration of the warning period, the employment contract has not been terminated and the employee does not insist on dismissal, the employment contract is considered continued (part six of Article 80 of the Labor Code of the Russian Federation) (see subparagraph “c”, paragraph 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2).
• If the employee does not insist on dismissal.. If, after the expiration of the notice period, the employment contract is not terminated and the employee does not insist on dismissal, the employment contract is considered continued. However, no additional agreements are required in this regard.

Termination of an employment contract at the initiative of the employer

Provides a list of grounds for termination of an employment contract at the initiative of the employer. It contains both grounds that apply to all employees, and grounds that apply only to a certain category of workers.

Part 1 of Article 81 of the Labor Code of the Russian Federation contains specific grounds for termination of an employment contract at the initiative of the employer. An employment contract can be terminated by the employer in the following cases:

• 1) liquidation of an organization or termination of activities by an individual entrepreneur;
• 2) reduction in the number or staff of employees of an organization or individual entrepreneur;
• 3) the employee’s inconsistency with the position held or the work performed due to insufficient qualifications confirmed by certification results;
• 4) change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant);
• 5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;
• 6) a single gross violation by an employee of labor duties:
  • a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts);
  • b) the employee appears at work (at his workplace or on the territory of the organization - the employer or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, narcotic or other toxic intoxication;
  • c) disclosure of secrets protected by law (state, commercial, official and other) that became known to the employee in connection with the performance of his job duties, including disclosure of personal data of another employee;
  • d) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;
  • e) a violation by an employee of labor safety requirements established by the labor safety commission or the labor safety commissioner, if this violation entailed serious consequences (industrial accident, breakdown, catastrophe) or knowingly created a real threat of such consequences;
• 7) commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the employer;
• 7.1) the employee’s failure to take measures to prevent or resolve a conflict of interest to which he is a party, failure to provide or provide incomplete or unreliable information about his income, expenses, property and property-related liabilities, or failure to provide or provide knowingly incomplete or unreliable information about income, expenses, on the property and obligations of a property nature of their spouse and minor children, opening (availability) of accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, ownership and (or) use of foreign financial instruments an employee, his spouse and minor children in cases provided for by this Code, other federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, if these actions give rise to a loss of confidence in the employee on the part of the employer. The concept of “foreign financial instruments” is used in this Code in the meaning defined by Federal Law No. 79-FZ of May 7, 2013 “On the prohibition of certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments";
• 8) an employee performing educational functions has committed an immoral offense that is incompatible with the continuation of this work;
• 9) making an unjustified decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;
• 10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;
• 11) the employee submits false documents to the employer when concluding an employment contract;
• 12) has become invalid. - Federal Law of June 30, 2006 N 90-FZ;
• 13) provided for in the employment contract with the head of the organization, members of the collegial executive body of the organization;
• 14) in other cases established by this Code and other federal laws.

Judicial practice of dismissing an employee at the initiative of the employer

For judicial practice in considering disputes arising in connection with the dismissal of an employee at the initiative of the employer, see the review “Dismissal of an employee under Article 81 of the Labor Code of the Russian Federation at the initiative of the employer. Judicial practice.” This review of judicial practice contains judicial acts issued based on the results of consideration of labor disputes between an employee and an employer on the legality of termination of an employment contract at the initiative of the employer, reinstatement at work, changing the wording of dismissal, recovery of wages for the period of forced absence, collection of compensation for moral damage.

Samples of statements of claim for reinstatement at work and recovery of wages during forced absence

• Statement of claim for reinstatement at work and recovery of wages during forced absence
• Statement of claim for reinstatement at work, recovery of wages for forced absence and compensation for moral damage
• Statement of claim for the recovery of monetary compensation for delayed payment of wages not paid on the day of dismissal

The procedure for terminating an employment contract at the initiative of an employee is specified in Art. 80 Labor Code of the Russian Federation.
To terminate an employment contract at the initiative of an employee, there is no need to draw up unnecessary paperwork or documents, as is done if an employee is fired at the initiative of the employer.

The procedure for such dismissal is simple and clear. But there are some nuances, without taking them into account, the parties to the labor relationship have to meet in court.

The employee’s right to terminate the employment contract is enshrined in paragraph 1 of Art. 77 Labor Code of the Russian Federation. In paragraphs 3 p. 1 art. 77 of the Labor Code of the Russian Federation states that to terminate a contract at the initiative of an employee, a written statement from the latter is sufficient.
It must be submitted 2 weeks (no later than) before the expected date of dismissal.
The 2-week period begins the day after the application is submitted and accepted by the employer. For example, an application was submitted on 07/07, therefore, the 2-week period begins on 07/08, and the employee can resign from 07/21.

If the parties reach an agreement between themselves, the employee can resign the next day after submitting the application. This is stated in paragraph 2 of Art. 80 Labor Code of the Russian Federation.
To do this, it is not necessary to draw up an additional agreement. It is enough to indicate in the resignation letter the date from which the employee must resign. Having examined the application and signed it, the employer agrees with the date indicated by the employee.
If the employer does not agree with the date of dismissal of the employee, then in his resolution on the application he must indicate “dismiss at his own request from .....”

The law does not provide for a maximum period for notifying the employer of impending dismissal. An employee can submit an application one month before the expected date of departure, but only indicating the date of dismissal.

But the employee does not always have to notify the employer exactly 2 weeks before the date of dismissal. There are several reasons when an employee can quit the next day after filing an application, even without receiving the employer’s consent.
These are grounds such as:

• enrollment of an employee to study at a university or other institution for full-time and full-time study;
• employee retirement;
• sending a husband (wife) to work in another area;
• conscription for military service;
• other reasons that prevent the employee from working for 2 weeks.

If the employer has violated labor law, the employee can also quit without working a 2-week period.
Violations of labor legislation that may lead to the dismissal of employees on their own initiative include:

• delay of wages;
• refusal to grant leave;
• other violations that will be established by inspectors of the state labor inspectorate or officials who have the appropriate authority to do so.

If an employee writes a letter of resignation on his own initiative during the probationary period, then the period of service is reduced from two weeks to three days.

In addition to the probationary period, there are other exceptions to the period of notice to the employer about dismissal:

• the head of the organization, as well as his deputy and chief accountant must notify the owner of the property, that is, the employer, about his dismissal at least 1 month in advance;
• the athlete or coach must also notify the employer 1 month in advance.

An employer has no right to refuse to accept an employee’s resignation letter.

To resign after 2 weeks without legal consequences, you must register it legally. If the employer does not sign it, the employee may not go to work after 2 weeks.

Termination of a fixed-term contract

Not every employment contract can be fixed-term. In order for an employer to be able to conclude such an agreement with an employee, several grounds must exist:

• an employee is hired to perform a certain amount of work;
• the employee is hired to perform seasonal or temporary work;
• temporary replacement of an employee who is actually absent from the workplace, but it is retained by him legally. For example, maternity leave for an employee. While she is raising a child, someone must fulfill her work responsibilities. To do this, hire an employee on a fixed-term contract. As soon as the “maternity leaver” returns to work, the temporary worker will either be fired or hired on a permanent basis;
• hiring a person for an elected position.

A fixed-term employment contract can be terminated on the same grounds as a regular one - by agreement of the parties, on the initiative of the employee or employer. But another condition is added - expiration. The “body” of the document must indicate the period for which it is actually concluded. Once this period expires, the employee can be fired.

But if the management has not made any attempts to dismiss the “urgent” employee, and the latter continues to perform his job functions, then he is considered to be hired on a permanent basis.

If the employee himself has expressed a desire to end the relationship with the employer before the contract expires, then he has the right to do so. The usual termination procedure is:

• notify your superiors in writing 2 weeks in advance. But if the contract was concluded for a period of less than two months, or the employee is on a probationary period, then a notice must be given 3 days in advance;
• ensure that the application is properly registered;
• based on the application, a dismissal order is issued;
• the person resigning must be familiarized with it by signature;
• in 2 weeks he should receive a full payment, work book, and documents.

Now he may not go to work.

If the parties were able to agree, then it is not necessary to work for 2 weeks or 3 days. It is not necessary to enter into an additional agreement about this.

A verbal agreement can be reached. But there are circumstances in which the employer is obliged to release his employee without working:

• conscription for compulsory military service;
• starting studies at an educational institution;
• old age retirement;
• other grounds prescribed in the Labor Code of the Russian Federation.

Any dismissal must be correctly reflected in the work book. The employer must issue it on the last working day along with full cash payment and other documents.

Termination of an open-ended contract

If there are no grounds for concluding a fixed-term employment contract, then the employer is obliged to conclude an open-ended one with the employee. That is, its validity period is not limited by a time period.

Grounds for termination of employment under a permanent employment contract:

• the desire of the employee himself;
• employer initiative. This could be a reduction in staff, the complete liquidation of a legal entity, or the commission of guilty actions by the employee himself;
• agreement of the parties.

If the employee himself wants to terminate the contract, management has no right to interfere with him. He can't stop him from quitting. Moreover, he has no right to delay or refuse to accept an application for dismissal. This is a violation of employee rights!

If the parties have agreed among themselves, they can draw up an agreement setting out the conditions for terminating their relationship. The document may indicate many nuances - payment of wages, severance pay, date of dismissal, etc.

If the employer has reasons to fire an employee or there are circumstances that force him to do so, he must comply with many personnel nuances. If he makes a mistake, the employee will have grounds to challenge the dismissal, be reinstated in the workplace and demand payment from his superiors for all days of forced absence.

Dismissal at will is the simplest procedure. It begins with a warning to superiors about the upcoming departure. This is done in writing. Notice deadlines must be observed. According to the Labor Code of the Russian Federation, notification is required 2 weeks in advance. During this period, management is looking for a replacement for the person leaving. If he doesn’t find it, this will not be an obstacle to dismissal.

In some cases, 3 days notice is required. This condition must be met when the employee was hired to perform temporary or seasonal work for a period of less than 2 months. Also, if the employee is on a probationary period, the warning period is also 3 days. If the head of an enterprise resigns on his own initiative, he must notify the business owners 1 month in advance. During this period, a general meeting of founders/participants must be convened and the relevant documents must be drawn up.

The application is written in two copies - one for the employer and the other for the employee. On the sheet that will be kept by the employee, the HR department employee puts the incoming number, the date of acceptance for registration, and also indicates his position and signs. The working period begins to run from the next day. After its expiration, the person is considered dismissed.

If the management for some reason does not want to accept the application for dismissal, then you need to send it by mail with notification. When the notice is returned, the date on which the letter was accepted and the employee's signature will be indicated on the reverse side. The working period will begin to run from the next calendar date indicated in the notification.

After registering the application, an order must be issued, which the resigning person reads and signs. After the expiration of the period of service, he must be returned the work book, given a full payment and other documents.

What are the reasons for dismissal?

When a person decides to resign of his own free will, he is not required to indicate the reason for his such decision. It is enough to provide a link to Part 1 of Art. 80 Labor Code of the Russian Federation.

The responsibility to indicate the reason for dismissal was assigned to workers in the USSR. According to the old Labor Code, even if an employee quit of his own free will, he was obliged to indicate the reason. The Labor Code of the Russian Federation does not prescribe such an obligation.

But there are several reasons for dismissal that must be stated in the application:

• dismissal on the same day. in which the application is written. You must notify your superiors 2 weeks in advance. But under some circumstances you can quit without working. For example, if an employee decides to retire. Then in the application you need to indicate the reason “retirement”, and the management will be obliged to calculate it on the same day;
• if the employee needs a specific entry in the work book. This may be necessary if a person wants to receive some benefits and preferences from the state. The HR department employee must make an entry in the work book, exactly as indicated in the order, which is drawn up on the basis of the resignation letter. Therefore, the reason must be indicated.

In addition to retirement, there are other valid reasons for resigning at will. They must be indicated in the application so as not to fulfill the deadline established by law. These reasons include:

• starting studies at a university or other educational institution;
• conscription into the ranks of the RF Armed Forces;
• moving to another area to continue working activities through transfer;
• relocation of a spouse abroad for work.

These reasons must be reflected in the application. There is another reason to stop working. This is a violation of the law, non-compliance with the provisions of an employment or collective agreement, neglect of obligations to comply with the requirements of regulatory and other local acts relating to labor. The fact of such violations must be established by bodies competent to monitor and supervise compliance with labor laws, for example, a labor inspectorate or a court.

As soon as the judicial act comes into force, you can write a letter of resignation, indicating such a reason.

Work off upon termination of the contract

The service period is necessary so that management can find a replacement for the person leaving. During this time, it is possible to conduct interviews and hire a new person. But if there is no replacement and they cannot find one, this is not a reason to detain the employee. It's the same on the reverse side. If a new person is hired before 2 weeks have passed, this is not a reason to “kick out” the person leaving before this period. But an agreement can be reached!

The total period for notifying the employer is 14 days. This is stated in Art. 80 Labor Code of the Russian Federation. But this period can be changed up or down, depending on the position of the person leaving and on the type of employment contract. So, you need to work out:

• 3 days, if the trial period has not expired, this is stated in Art. 71 Labor Code of the Russian Federation;
• 3 days for employees whose work is seasonal, according to Art. 296 Labor Code of the Russian Federation;
• 3 days if the contract period is not more than 2 months. This is stated in Art. 292 Labor Code of the Russian Federation;
• 1 month, if the person resigning holds the position of head of the company - Art. 280 Labor Code of the Russian Federation;
• 1 month for coaches or athletes if their contract period exceeds 4 months. According to Art. 348. 12 of the Labor Code of the Russian Federation, it is allowed to increase the notice period by stipulating this in the employment contract.

If the parties can agree, then it is not necessary to work out these 14 calendar days. You can quit earlier if there are no problems with a replacement. This will not be considered a violation of labor laws.

The period for starting work begins to run the next day after the application for dismissal is properly registered. For example, an application was submitted on 02/05/2019, the period of service begins on 02/06/2019, the employee will be dismissed on 02/20/2019. That is, his last working day is 02/19/2019. Therefore, the date of termination of relations with the employer may not be indicated in the application.m

The period of service is also necessary so that the employee can change his mind. Within 2 weeks, he has the right to withdraw his application and remain working in the same company. The employer has no right to interfere with him or forcefully dismiss him.

But there is a case when an employee cannot withdraw his application. This is a written acceptance of a new person who cannot be refused employment on the basis of labor legislation. There is only one case - a new person was invited in writing to a vacant position by transfer from another employer and has already managed to quit and receive a full payment.

Decor

The procedure for registering dismissal on the employee’s own initiative is quite simple. It goes like this:

• writing a statement, which must indicate “at one’s own request”;
• familiarization of the authorities with the application;
• drawing up a dismissal order after 14 days from the calendar date of acceptance of the application;
• registration of the corresponding entry in the work book;
• familiarization with the order against signature;
• receiving a work book, other documents and a full payment.

If the employee refuses to sign the order or in the relevant journal indicating that he has received the documents, the employer draws up a corresponding act.

All these actions are carried out by a personnel department employee and an accountant. If the dismissal occurs without working off, then you need to act a little faster. It is not permitted to delay the payment of wages and compensation for leave for more than the period established by labor legislation. All personnel documents must also be handed over on time.

Termination procedure at the request of the employee

During the course of official labor relations, each employee will have the legal right to terminate a previously concluded contract at any time. In this case, this dismissal scheme will be called dismissal at the initiative of the employee. It should be immediately noted that absolutely any category of workers has the right to leave at any time. The main thing is that the dismissal procedure itself fully complies with established legal standards.

Basic information regarding the procedure and features of dismissing an employee on his own initiative is reflected in Article 80 of the Labor Code of the Russian Federation. It contains information about the following important nuances:

• information regarding the employee’s direct obligation to notify his employer in advance of his impending departure. The immediate deadlines within which such notification must be submitted to the boss are also fixed here;
• the legal right of the parties to the professional relationship to change the period of dismissal, if such a need arises;
• information regarding the employer’s obligation, in some cases, to dismiss his employee exactly within the period specified by the subordinate in his written application. This privilege, as a rule, is available to special categories of employees, for example, disabled people;
• whether the employee has a legal right to withdraw a previously submitted application to his employer. In accordance with the established rules, such a right will remain with the employee until the last day of his work in this company;
• features of the subsequent validity of the employment contract in the event that, for some reason, it was never officially and finally terminated by the parties;
• a list of the main obligations that the employer will have to his resigning subordinate. The main ones include, for example, completing all the required documents, making required compensation payments, filling out the employee’s work book, etc.

If we talk about the established procedure for dismissing a subordinate at his own request, this procedure can be divided into several main and most important stages:

1. Demonstration of appropriate initiative on the part of the subordinate. To do this, he will need to draw up only one main document, namely a written application addressed to his direct employer. In this statement, the employee confirms his intention to resign from his current job.
2. Fulfillment of obligations to prepare all necessary documents by the employer. After receiving the above statement, the manager must “put the document into use.” This presupposes that from now on the authorized person must initiate the preparation of all required documents. The main one will be an official order to cancel a previously concluded employment contract.
3. Repayment by the parties of other mutual obligations. In most cases, we will be talking about the payment of all due amounts of money to the employee. This may include both the main part of the salary and various additional allowances or compensations. In some cases, certain obligations will be assigned to the employee himself. For example, some employers ask that the employee properly complete all of his business with the company, train the new employee in the basic principles of work in this place, etc. Individual obligations can be established formally, for example, by drawing up a special severance agreement.

Order to terminate labor relations with an employee

An order to terminate a previously concluded employment contract with an employee will be the main and mandatory document in any dismissal procedure. It must be drawn up in strict accordance with the established form, as well as with the official rules for filling out this document. In this case, the authorized person must take into account some important nuances of this procedure:

1. The order must be filled out in the standard manner. First, information regarding the employee with whom it is necessary to terminate the employment contract is entered in the appropriate columns. Here you must indicate the position held by the subordinate, the name of the department or other structural unit in which he works, as well as the citizen’s full name.
2. Next, the responsible person must indicate the immediate reason for the dismissal. If we are talking about an employee leaving at his own request, then the main basis here will be his written application, which was previously submitted to the manager. The order must include the registration number of such an application, as well as the date of its preparation by the subordinate.
3. During the formation of this document, special attention must be paid to the dates entered. In particular, the order should always be drawn up somewhat later than the employee’s statement itself. Otherwise, confusion with dates will be a serious mistake.
4. As soon as the order is prepared and signed by the employer, the employee himself must be familiarized with the contents of this document. When studying the order, the subordinate needs to pay attention to the basic information - the dates entered, the basis on which the employment contract is terminated, etc. Only if there are no complaints from the employee, he must confirm this fact by placing a personal signature on the document.
   It should be noted that the employer’s neglect of such an important stage as familiarizing the subordinate with the contents of the dismissal order may be a valid basis for declaring the entire procedure for severing professional relations invalid. This, in turn, will certainly bring the employer many serious problems.

Grounds for termination

If we are talking about dismissal at the request of an employee, the main and only basis for initiating this procedure will always be a written statement received from a subordinate. This document has one main function - in it the employee officially expresses his desire to leave his position. Modern legal norms do not impose any particularly strict requirements on the application form. It can be written in any order. The main criterion here will be literacy and the absence of incorrect information.

Many employers and their subordinates are concerned about whether it is necessary to indicate the immediate reason for dismissal in the application. Based on existing statistics, we can conclude that most often employees quit because they find a new, higher-paying or promising job. For some, leaving their current position is due to family circumstances, etc. In any case, current regulations tell us that the specific reason for leaving should not be stated in the personal statement. That is, it would be more correct to limit ourselves to the standard wording, for example: “I ask you to fire me of your own free will...”.

It should also be noted that the mere submission of such a statement to the employer does not mean that the employee is already considered dismissed. The fact is that here the subordinate will have the right to withdraw such a statement at any time, for example, if he changes his mind about quitting. In this case, the employee will need to ask the employer for his application back. It should be noted that the head of the company, in turn, will be obliged to give the document to his subordinate. If the director refuses to do this, the employee will have the legal right to file formal complaints against his manager. To do this, the employee will be able to contact the labor inspectorate or other authorized organizations, which will review the current situation.