Dismissal at one's own request - registration rules and controversial situations. Dismissal at will 80 Labor Code of the Russian Federation Labor Code

According to Article 37 (Part 1) of the Constitution Russian Federation labor is free; Everyone has the right to freely use their ability to work, choose their type of activity and profession. In accordance with these constitutional provisions, an employee has the right to terminate an employment contract with an employer at any time by warning him in advance in writing. At the same time, the requirement addressed to the employee to notify the employer about his dismissal no later than general rule less than two weeks (part one of Article 80 of the Labor Code of the Russian Federation) is due to the need to provide the employer with the opportunity to promptly select a new employee for the vacated position, and the right of the employee, enshrined in part four of the same article, to withdraw his application before the expiration of the notice of dismissal (if it the place is not invited in writing to another employee who cannot be refused employment employment contract) is aimed at protecting the labor rights of the employee.

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. Flow specified period begins the day after the employer receives the employee’s resignation letter.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

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 (by at will) due to the impossibility of continuing his work (enrollment in educational organization, retirement and other cases), as well as in cases of established violation by the employer labor legislation and other regulatory legal acts containing norms labor law, local regulations, 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.

(as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated July 2, 2013 N 185-FZ)

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 and other documents related to the work, upon the employee’s written application, and make a final payment to 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.

The Labor Code states that if the employment relationship is terminated, the employee must work at the enterprise for 14 days.

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Dismissal without service is possible if the citizen can confirm that he needs it. There are also several ways to turn the law in your favor.

What means

The Labor Code does not require citizens to work 14 days. However, the law establishes that the boss must be notified 2 weeks in advance of the desire to leave.

That is, working off is a warning period; there are no additional responsibilities. The work was invented by citizens who do not understand Article 80 of the Labor Code.

Working period

According to standard rules, there is no dismissal without work. First, the citizen must submit an application in writing and provide references to the law, and then the employer spends 2 weeks calculating the person and searching for a new employee. However, there are groups of citizens who have the right not to work at all. The period cannot be shortened.

Causes

Individuals who are undergoing a probationary period or have signed an employment contract of 2 months or more must give 3 days notice of dismissal.

The Labor Code establishes the reasons why a citizen has the right not to wait 14 days. Basically, neither a citizen nor an employer can influence them; the boss’s opinion does not count.

There are 3 standard reasons for dismissal without work:

• enrollment in educational institution for full-time study;
• a student employee transfers from evening or part-time work to full-time study;
• the employee's spouse is employed in another country and moves.

According to current legislation, a disabled person can terminate an employment contract at any time, and the disability group does not play a role. The main thing is that the citizen can provide documentary evidence.

Suitable documents are:

• disability certificate;
• certificate from the attending physician.

In addition to quick dismissal, a disabled person has the right to work a shortened day, receive additional vacation days to maintain health and other benefits and payments that are not entitled to other employees.

1. Which are on probationary period. Article 71 establishes that if an employee has not yet signed the final contract and decides to quit, it takes several days to work off.
2. Who signed a temporary contract with the employer. The Labor Code states that such workers were hired to perform a certain type or volume of work, and therefore are not listed on the permanent staff. They enter into a contract for a period of up to 2 months, so there is no long-term work. The document may indicate that the employee is released immediately after completing the work.
3. Workers participating in seasonal work, for example, for digging and sorting vegetables. The Labor Code establishes that if an employee is hired for 1 season, and the employment contract is valid for up to several months, the dismissal takes place within as soon as possible. For example, you can submit an application on Friday, 3 days will be counted as a weekend.

All employees are required to complete a resignation letter. The boss will issue an order, which the citizen will sign. The document is the basis for removal.

Pensioner

Pensioners are dismissed in the same manner as other employees, with filling out an application and issuing an order. However, upon reaching retirement age, they have the right to resign at any time; there is no need to notify the employer in advance.

The boss will not be able to detain a citizen at work or fire him unilaterally. The citizen must notify the employer and receive compensation, then he is free.

Children under 14

A woman has the right to resign in order to care for a child under 14 years of age, by agreement of the parties or of her own free will.

She needs to submit an application for termination of employment relations personally to the entrepreneur, to the accounting department or the personnel service, depending on the organization. The Labor Code does not provide special benefits for women with children.

A standard application is written addressed to the boss and contains the following:

• Full name of the employer, indication organizational form enterprises;
• full company name;
• Full name, position and department where the woman is employed;
• planned date of dismissal;
• grounds for dismissal, for example, of one’s own free will (if a citizen insists, the employer has the right to fill in the work book with a reason such as “caring for a child under 14 years old”);
• sign and date.

When the application reaches the employer, he will draw up a dismissal order, which the employee will check and sign. When choosing a dismissal date, you must take into account 2 weeks of work.

The Labor Code does not establish that the presence of a healthy minor child is a reason to quit on the same day. The law states that an employee has the right not to work for 14 days if there are valid reasons.

Article 80 of the Labor Code of the Russian Federation “Dismissal at will without service” does not say what grounds are considered valid. The employer decides whether the reason is considered worthy of quick dismissal.

According to judicial and personnel practice, some bosses agree to a meeting. A woman has the opportunity to resign without working off if she was able to reach an agreement with the employer. Not only the woman, but also the father and official guardians have the right to fill out an application for dismissal.

Pregnancy

A woman who is going to become a mother has the right to go on maternity leave until the child is 3 years old. Her workplace will wait for the employee's return. If she is unable to return to her place of work, she will not be able to resign without giving her employer 2 weeks notice.

This right applies to fathers if the woman is unable to be in maternity leave, and the man takes it. However, you can apply for layoffs 2 weeks before the end of your vacation and leave on your first working day.

Dismissal procedure

The Work Book contains a date that coincides with the date in the resignation letter if:

• upon dismissal of an employee receiving a pension;
• if the employee is enrolled as a full-time student;
• if an employee is transferred to another region or country;
• if the employee is married and the spouse moves to work in another country;
• if the employer does not comply with the employment contract or applicable laws.

There are no valid reasons in the Labor Code that would allow other citizens not to work. They submit an application to the tax office, receive an order, sign it and wait 14 days. On the last day they come up to get a work book and payments.

How to write an application, form and sample

An employee has the right to fill out an application in free form; the exact form is not established by law. The main thing is that the document contains the following points:

• basis in accordance with Article 80 of the Labor Code;
• last working day;
• Full name of the manager, company details, date of filling out the document;
• Full name of the employee and his position;
• if there are, then additional reasons to leave work immediately, for example, a certificate from a university, an extract from a spouse’s work, a notice from the hospital.

Sometimes you need to fill out an application in 2 copies, keeping one for yourself, noting it with the secretary. This document will help prove that the citizen is right if violations occur on the part of the employer.

Most employees are required to give their employer 14 days' notice of termination. However, there are groups of citizens who receive relief and leave day after day. Seasonal workers, pensioners and students have the right to leave at any time by filling out an agreement.

The employer will not be able to prevent a person from leaving the enterprise. An employee has the right to go on vacation to avoid long-term work. It is important to follow the procedure for dismissing a citizen; each step must comply with the Labor Code.

In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, 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.

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, cannot be denied a contract.

On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

Article 80 of the Labor Code of the Russian Federation

Upon expiration of the notice period for dismissal, he has the right to stop working. On the last day of work, the employer is obliged to issue a work book and other documents related to work, upon a written application from the employee, and make a final payment to him.

Commentary on Article 80 of the Labor Code of the Russian Federation

commentary to it). The employer is obliged (except for the specified case) to cancel the application (return it to him). 5. It should be borne in mind that the Plenum of the Supreme Court of the Russian Federation in the Resolution of March 17, 2004

No. 2 in paragraph 22 indicated that if, after the expiration of the notice period, the employment contract was not terminated and the employee does not insist on dismissal, the employment contract is considered continued.

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.

In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing legal norms, local regulations, 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.

Before the expiration of the notice period for dismissal, he 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, cannot be denied an employment contract.

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 a work book and other documents related to work, upon written application, and make final payments to him.

Labor Code of the Russian Federation

64 Labor Code (see commentary to it). The employer is obliged (except for the specified case) to cancel the employee’s application (return it to him).

No. 2 in paragraph 22 indicated that if, after the expiration of the notice period, the employment contract was not terminated and the employee does not insist on dismissal, the employment contract is considered continued.

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 and other documents related to work, upon written application, and make final payments to him. The essence of the dispute: 2.036 - Disputes arising from labor relations -> Cases of reinstatement at work, state.

How to quit your job voluntarily?

Few people have not gone through the dismissal procedure. Most often, leaving the company is based on one’s own desire. The procedure to follow here is quite simple. The initiative comes from the employee, and the employer only agrees with his decision and signs the application. However, there are some nuances here that you should know. Therefore, we will describe in the article how to do this correctly on your own initiative.

Dismissal at one's own request according to the Labor Code of the Russian Federation 2018

One of the reasons to quit is one’s own desire. This is regulation Article 77 of the Labor Code of the Russian Federation. The employee must want this, no other reasons are required. To terminate the contract in 2018 by law, namely Article 80 of the Labor Code of the Russian Federation, the following procedure is established:

• writing an application;
• submitting the application to management for signing;
• issuance of an order;
• familiarization with the order;
• performing calculations;
• entry in the work book and its issuance.

Your own desire to quit requires you to notify your employer two weeks before leaving. Accordingly, you need to write a statement within this period, since a two-week work period follows. Therefore, in order to start a new job, you must work for a certain period of time at the old one and complete all the steps in the procedure for leaving work.

Dismissal at the request of a pensioner

How is it correct to dismiss a pensioner on his initiative? This procedure is identical to the dismissal of an employee who is not of retirement age. If a pensioner resigns, he also writes a statement. However, there is a significant difference here. For pensioners, the legislation does not provide for working off, that is, you can specify any convenient date. The employer cannot refuse him within these terms.

If such a right of a pensioner is violated, then he can contact the labor inspectorate with a complaint and then the employer faces paying a fine. If we consider the opportunity to join the labor exchange, then the pensioner will no longer have it, much less receive benefits.

How to quit while on vacation?

What is the best way to resign of your own free will or by agreement of the parties during vacation? In the second case, care during vacation is impossible. But this is likely in the second situation. Here you can carry out the procedure in two ways. The first refers to the situation when the application is written directly while on vacation. If the period is more than two weeks, you do not need to work additionally; if it is shorter, then you will still need to continue your work duties.

In the second option, an application for leave is initially written and a note is made about subsequent dismissal. The last working day is indicated as the date of dismissal. On this day, the calculation is made, then the labor certificate is issued. It is important that benefits in the form of compensation are no longer provided, since vacation pay has been paid.

Is it possible to resign of your own free will while on sick leave?

Only a statement of one’s own free will can become a reason to dismiss an employee while on sick leave. If the employer initiates such a possibility, other than the liquidation of the enterprise. If an employee falls ill, there is also no provision for extending the period of work.

During sick leave, the date of dismissal is not postponed, but remains the one indicated in the application written by the employee. As for the repayment of sick leave, it occurs after its closure within six months. The period for its provision is 10 days. In addition, the employer must pay temporary disability benefits.

Forced to resign voluntarily - what to do

The employee’s initiative to resign and the procedure for its implementation is set out in Article 80 of the Labor Code of the Russian Federation. This is possible if the employee wants it. The employer should not force this. However, in practice, it happens that personal hostility or staff reduction becomes a reason to force employees to write a statement and resign. This is illegal and the employer faces liability before the law.

Will help solve this issue Labour Inspectorate. You need to write a statement about this fact and it is advisable to attach evidence in the form of an audio recording or witness testimony.

Resignation letter - sample

The resignation letter does not have unified sample, however, must contain the following information:

• position and full name of the director and employee;
• the text itself, containing a request to dismiss for a specific reason and the desired date;
• date and signature.

The main thing is to provide it on time.

How to make an entry in the work book?

Dismissal at one's own request requires an entry in the work book. You need to fill in 4 fields:

• In the first, the serial number of dismissal is filled in;
• The second column contains the date when the employee was fired;
• The third column contains a comment on the reason for dismissal, the grounds in the form of a link to the article;
• The last one is information about the order.

This procedure is completed by the signature of the manager and the seal of the enterprise.

Thus, you need to know how to resign correctly, even if it is the employee’s own initiative. The procedure is regulated by law and must be strictly followed.

Dismissal at one's own request has to be formalized quite often. According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate on his own initiative any contract - fixed-term or concluded for an indefinite period. The decision to terminate it is made by him at his own discretion. Any coercion by an employer of a citizen to exercise this right is unacceptable. If an employee decides to leave the company, he must notify the employer about this by submitting a written statement to him. According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, this must be done no later than 2 weeks, unless another period is provided. Having received the application, the employer cannot refuse to satisfy the worker’s request. Termination of the contract will be carried out in due time. The employer does not have the right to change the date of the last day of work indicated in the application.

Dismissal at will in 2018, procedure and nuances

Under what article are people fired at their own request in 2018? Sometimes citizens wonder under what article they are fired at their own request? Some people still confuse the procedure for terminating a contract (Article 80 of the Labor Code of the Russian Federation) and the basis for dismissal (Clause 3, Part 1, Article 77), and sometimes even remember the Labor Code, which has not been in force since 02/01/02. Let’s answer this question. Options and methods for terminating a working relationship are discussed in detail in Art.
80

This is stated in the Instructions for filling out books dated October 10, 2003 N 69. What rules about voluntary dismissal does the Labor Code contain? Let's talk about the norms that it contains labor Code 2016.

Dismissal at one's own request - article of the Labor Code of the Russian Federation

Law Dismissal of one's own free will on the part of an employee is interpreted in law as “at the initiative of the employee.” The main legal regulations on this issue are contained in Article 80 of the Labor Code of the Russian Federation, as well as Article 77 of the Labor Code of the Russian Federation.

Articles of the Labor Code of the Russian Federation and features of voluntary dismissal

Application form for dismissal at one's own request FORM_ABOUT_TERMINATION_BY_OWN_WISH.doc Dismissal at one's own request: Article 80 of the Labor Code of the Russian Federation Main legal regulation dismissal at will is carried out by Articles 80 and 77 of the Labor Code of the Russian Federation. Article 80 of the Labor Code of the Russian Federation reads as follows (the article highlights the most “dangerous” points that cause disputes between an employee and an employer): What to do if you are forced to resign of your own free will? If you are forced to resign of your own free will, first of all it is necessary to collect sufficient evidence that your will to terminate the employment relationship was not there.

Under what article are workers fired at their own request?

1. If an employee wants to resign and before that go on vacation, then he can receive an application for recall only before the vacation itself, but not during it.
2. If a new employee has already taken the place of the resigning employee and a contract has been signed with him, then it will not be possible to write an application for recall.

It’s worth noting that you don’t have to work the required two weeks. If both the employee and the employer have no claims, then terminate labor Relations you can immediately.

The procedure for dismissal at will

However, it should be remembered that you cannot quit on the day you submit your application; you must work fictitiously or actually for 1 day. More information about mining at the link. Also, the period can be increased if necessary if the resigning person agrees.
However, there are cases when a quitter does not need to work 14 days. Dismissal at one's own request without service is possible under the following circumstances:

1. A move is taking place.
2. The employee wants to retire.
3. Health problems.
   Supported by a medical certificate.

The basis for such a decision may be the unlawful actions of the boss or the violations of the employee himself. The application must then indicate the reason when, as usual, such information is not required.

Dismissal at will and the labor code

• Dismissed at his own request, paragraph 3 of Article 77 of the Labor Code of the Russian Federation.
• P.
  3 tbsp.

Can you please tell me the article number for voluntary dismissal?

Payments are somewhat more complicated if you were unable to receive them due to absence from work - then you will have to write an application addressed to the manager. The paper must indicate the requirement to pay the required amounts.

Payments and compensation The amounts of payments in 2017 are fixed by Article 140 of the Labor Code of the Russian Federation. It states that the employee must receive in an indisputable amount the amount due to him cash. On the day of dismissal, the employee is entitled to the following payments:

• Salary from the date of its last payment.
• Compensation for allotted vacation days, regardless of the statute of limitations.
• If the contract stipulates severance pay, - then it must also be compensated.

If an employee resigns due to joining the army, then he is also entitled to a benefit, the amount of which is specified in Article 178 of the Labor Code of the Russian Federation.

Voluntary dismissal in 2018

The employee is required to work for two weeks after writing a letter of resignation of his own free will. It must be remembered that the two-week period begins the next day after writing the letter. That is, in this case we mean 14 full days.
IN given period includes working and non-working days. EXAMPLE: a letter of resignation was written by an employee on Wednesday, the 8th of the month. This means that the work period expires on Thursday, the 23rd of the same month. 3. An agreement to reduce the period of work with the employer (less than two weeks) must be concluded in writing (at least with a duly certified inscription of the employer on a copy of the employee’s application: “I agree to the period of work 5 days after writing the application” or similar).

Dismissal at will Article number

As for violation of labor rights, what is meant is not the subjective opinion of the employee. This refers to the official holding of the employer to responsibility. And it must necessarily concern the employee who decided to leave earlier than expected. When will the payment be made? After an official order, all payments for time worked must be made on the day of dismissal. And this is not a “gift” from the company, it is an obligation according to the Labor Code. Violation of this norm is a reason to defend your rights and contact regulatory authorities. In addition to salary, the employee is entitled to payment for unused vacation. You can calculate it yourself if you know your average monthly earnings and the exact number of days worked. Payments under it must also be made on the day of the dismissal order. The only exception to this rule is sick pay.

Dismissal at one's own request articles

The law specifies the terms for termination of the contract, as well as the obligations of the parties. Submitting an application The first thing an employee must do is prepare a resignation letter, indicating in it that such a decision is due to his own desire. This can be done at any time, regardless of the reason. The law does not oblige an employee to explain to his superiors what caused his decision. However, Article 80 of the Labor Code of the Russian Federation requires that the employee inform the manager of his desire 2 weeks before the planned date of termination of the employment contract. The resignation letter can be written in free form.

Then the document should be transferred to the personnel service or manager. If you suspect that your application will be ignored, you can send it by registered mail with an inventory.

Terms of termination of the contract After informing the boss about his own desire to quit, the person must work for another 2 weeks.

Dismissal at one's own request article number

Article 80 of the Labor Code of the Russian Federation 2018

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Is it legal to dismiss oneself later than the date specified in the application if the employee quits due to retirement? - Is it legal to dismiss oneself at will before the expiration of two weeks if the application does not indicate the date of dismissal? - Is it legal to dismiss oneself if the employee has withdrawn his application, but another employee who has not yet been dismissed has already been invited to take his place by way of transfer? - Is it legal to dismiss oneself if the employee sent a revocation of the application by mail, but the employer did not receive it at the time the dismissal order was issued? 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.

Labor Code (Labor Code of the Russian Federation) 2018

The fact of violation by the employer of laws and other normative legal acts containing labor law norms, the terms of a collective agreement, agreement or employment contract, as a circumstance obliging the employer to terminate the employment contract within the period specified in the employee’s application, can be established, in particular, by the bodies implementing state supervision and control over compliance with labor legislation, trade unions, labor unions, courts (subclause

In all other cases, regarding the termination of an employment contract at the initiative of the employee without working out the period established by law or with a reduction in this period, the agreement of the parties must be reached (subclause

An error occurred.

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, cannot be denied an employment contract.

Labor Code of the Russian Federation (Labor Code of the Russian Federation)

Consequently, notice of voluntary dismissal can be given earlier than two weeks.

Temporary or seasonal worker must notify the employer about this three days in advance (see.

Art. Art. 292, 296 of the Labor Code of the Russian Federation and commentary thereto). The same period is provided for the dismissal of an employee at his own request during the probationary period (see.
Art. 71

Labor Code of the Russian Federation 2018 - dismissal

It includes the following provisions:

• employee initiative - at any time, for any reason with the possibility of possible rework (by agreement);
• employer's initiative - systematic absenteeism, loss of confidence, repeated violation of discipline, professional unsuitability;
• staff reduction or final liquidation of the organization;
• agreement of the parties.

Article 78 – termination by agreement of the parties This is possible at any time, but only without violating the preferences of each party.
Therefore, a staff member can count on receiving all mandatory compensation and other payments, and the employer can freely ask for voluntary and only paid work until the position is successfully filled.

The Supreme Court of the Russian Federation draws the attention of courts to the need to proceed from the fact that termination of an employment contract at the initiative of an employee is permissible in cases where filing a letter of resignation 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 obligation to prove it rests with the employee (subparagraph “a”, paragraph 22

Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

However, the employer’s threat to terminate the contract with him on his own initiative cannot be considered as forcing an employee to resign at his own request, provided that the employer had grounds for this, provided for by law (see.

Art. 81 of the Labor Code of the Russian Federation and commentary thereto). 5.

Labor Code of the Russian Federation and commentary thereto), while the day of dismissal is considered the last day of vacation.

However, if the employee insists on terminating the employment contract from the initially determined date, his request must be satisfied. Since the law provides for a mandatory written form for filing an application for resignation of one’s own free will, it should be assumed that the employee’s will to cancel this application must be expressed in the same form.
6. 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 contract continues.
Thus, the fact that the employee’s work period has expired excludes the possibility for the employer to terminate the employment contract on the grounds in question, if “the employee does not insist on dismissal.”
The latter formulation is broad and vague.

Article 80 of the Labor Code of the Russian Federation 2017

In the same time arbitrage practice proceeds from the fact that an arbitrary reduction by the employer of the period of work or dismissal without work gives the employee grounds to demand reinstatement at work with payment for the time of forced absence.
There is one exception to this rule, when the reduction of the period is due to good reasons, the list of which is given in part 3 of the commented article.

Among such cases, one can indicate the entry of an employee into military service under a contract (see.

Art. 83 of the Labor Code of the Russian Federation and commentary thereto).

Article 80 of the Labor Code of the Russian Federation 2017 with comments

Articles of the Labor Code of the Russian Federation on dismissal Dismissals directly relate to disposition numbers 38, 46, 71, 74, 77, 78, 80, 84 of the Labor Code. Each of them concerns the procedure for terminating the primary contract, as well as the procedure for settlements between the two parties. In particular, Article 33 describes all possible grounds on which cooperation can be terminated.

Every employee should at least superficially know their content.

Article 80 of the Labor Code of the Russian Federation 2017 dismissal

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, cannot be denied an employment contract. 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 and other documents related to the work, upon the employee’s written application, and make a final payment to 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. 1. The commented article regulates the procedure for termination, at the initiative of the employee, of both a fixed-term employment contract before its expiration, and a contract concluded for an indefinite period. 2.

Article 80 of the Labor Code of the Russian Federation 2017

Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2). It can be expressed in the form of a written statement from the employee about resignation of his own free will, indicating in it the conditions for dismissal without service or with a shortened period of service, or a corresponding order from the employer containing the signature of the resigning employee. Since the Labor Code of the Russian Federation does not provide for a form of agreement between the employee and the employer regarding the period of service upon dismissal at their own request, such an agreement can also be reached orally.

However, the difficulty of proving the existence of this agreement should be taken into account.

As a general rule, if there is another reason for terminating an employment contract (for example, a change of owner of the organization (see.

Art. 75 of the Labor Code of the Russian Federation and commentary to it), transfer to work for another employer or to elective position(see art.

Article 80 of the Labor Code of the Russian Federation 2017 dismissal of a pensioner

ST 80 Labor Code of the Russian Federation. 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.

Dismissal at will and the Labor Code

Under what article are people fired at their own request in 2018?

Sometimes citizens wonder under what article they are fired at their own request? Some people still confuse the procedure for terminating a contract (Article 80 of the Labor Code of the Russian Federation) and the basis for dismissal (Clause 3, Part 1, Article 77), and sometimes even remember the Labor Code, which has not been in force since 02/01/02. Let’s answer this question.

Options and methods for terminating a working relationship are discussed in detail in Art. 80 Labor Code of the Russian Federation. At the same time, the most common reason for dismissal is termination of the working relationship at the initiative of the employee (clause 3, part 1, article 77 of the Labor Code of the Russian Federation). According to this basis, an entry will be made in the form. This is stated in the Instructions for filling out books dated 10.10.03 N 69.

What rules on voluntary dismissal does the Labor Code contain?

Let's talk about the standards contained in the Labor Code of 2016. Dismissal at one's own request has to be formalized quite often. According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate on his own initiative any contract - fixed-term or concluded for an indefinite period. The decision to terminate it is made by him at his own discretion. Any coercion by an employer of a citizen to exercise this right is unacceptable.

If an employee decides to leave the company, he must notify the employer about this by submitting a written statement to him. According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, this must be done no later than 2 weeks, unless another period is provided. Having received the application, the employer cannot refuse to satisfy the worker’s request. Termination of the contract will be carried out in due time. The employer does not have the right to change the date of the last day of work indicated in the application. The next day after the manager receives the application, the period of notice of dismissal begins to count (Part 1 of Article 80 of the Labor Code of the Russian Federation). At this time, the so-called “working out” begins, during which the employee must perform all his work duties.

The employer and employee can agree to terminate the working relationship without working off. The employer’s consent to this can be expressed by the inscription on the document: “Dismiss (date) in accordance with the application.”

According to Part 3 of Art. 80 of the Labor Code of the Russian Federation, sometimes the employer is obliged to terminate the contract at the request of the employee on the date specified in the application. This may be due to the inability to continue working (due to enrollment in an educational institution, retirement, etc.).

According to Part 4 of Art. 80 of the Labor Code of the Russian Federation, a citizen has the right to withdraw an application. This can be done at any time before the dismissal order is issued. You can withdraw your application by requesting it in writing.

On the employee’s last working day, the manager must issue an order with the wording: “The employment contract was terminated at the initiative of the employee, clause 3, part 1, art. 77 Labor Code of the Russian Federation.” Based on the order, a corresponding entry is made in the employee’s work book. The employee gets acquainted with the order, he is given a form, for the receipt of which he signs in the work record book. On the day of dismissal, the final payment is made to the employee.

If the termination of the employment contract was not formalized on the last working day, and the employee does not insist on it, the working relationship continues (Part 6 of Article 80 of the Labor Code of the Russian Federation).

The article was written based on materials from the sites: vash-yurist102.ru, legionfg.ru, zakon52.ru, advokattat.ru, clubtk.ru.

New edition of Art. 80 Labor Code of the Russian Federation

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 the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, 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.

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, cannot be denied an employment contract.

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 and other documents related to the work, upon the employee’s written application, and make a final payment to 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.

Commentary on Article 80 of the Labor Code of the Russian Federation

The procedure for terminating an employment contract at the initiative of an employee is determined by Article 80 of the Labor Code of the Russian Federation. This article gives the employee the right to early termination of an employment contract at his own request, without making this desire dependent on the motives that guide the employee in this case - they can, in principle, be anything.

Early termination of an employment contract at the initiative of the employee is preceded, as already noted, by a written warning to the employer, which must be sent to the latter no later than 2 weeks before the expected date of dismissal of the employee. It is noteworthy that such an application must be submitted by the employee, regardless of whether he is “on duty” or, say, on sick leave.

Accordingly, when submitting an application to return to work (for example, after a vacation), the employee must assume that, in general, the employment contract with him will be terminated on the 15th day after submitting the application. Upon expiration of the notice period for dismissal, the employee has the right to stop working.

However - and dear readers should pay special attention to this - by agreement between the employee and the employer, the employment contract can be terminated before the expiration of the notice period, i.e. earlier than 14 days. To do this, the employee must indicate in a written statement the desired date of dismissal.

For its part, the employer can satisfy this request of the employee, or he can refuse it. However, in cases where the submission of a written application for early termination employment contract at the initiative of the employee is due to the impossibility of continuing his work, for example in connection with enrollment in educational institution, retirement and other similar reasons, as well as in cases of established violation by the employer of laws and other regulations containing labor law norms, the terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified by the employee in the application .

On the other hand, Article 80 of the Labor Code of the Russian Federation gives the employee the right, before the expiration of the notice period for dismissal, to withdraw a previously submitted written application at any time. The occurrence of such a situation, which in practice, by the way, is by no means rare, suggests two options for its resolution:

1. At the time the employee recalled the written application for early termination of the employment contract, another employee had not been invited in writing to the position (workplace) he was vacating.

In this case, the employer does not have the right to refuse to continue working for the employee who has “come to his senses” under the conditions stipulated by the “almost” unterminated employment contract. Thus, if, after the expiration of the notice period for dismissal, the employment contract was not terminated and the employee no longer insists on dismissal, continuing to perform the work assigned to him in accordance with the employment contract ( labor function), then the employment contract continues until circumstances arise that make it possible to terminate it legally.

2. At the time the employee recalled a written application for early termination of the employment contract to the position (workplace) he was vacating, the employer invited in writing another employee, who - we emphasize this - in accordance with the Labor Code of the Russian Federation and other federal laws cannot be refused concluding an employment contract. Let's illustrate this with the following example:

A few days after this, employee N.N. Novikov was invited in writing to fill the position of employee Lukin L.L., who submitted a written application requesting resignation of his own free will. At the same time, for Lukin L.L. the work he performed was the main one, and Novikov N.N. invited to work as a part-time worker.

Three days before the end of the warning period, Lukin L.L. submitted a written application to the employer with a request to continue working in the same capacity. In this situation, the employer has the right:

b) propose to Novikov N.N. performing the work as the main one and, if the latter agrees, expressed in the form of a written statement, notify Lukin L.L. that an employee for whom this work will also be the main one. However, in case of refusal of Novikov N.N. from performing work as his main job, he, in turn, may be denied this work, since Lukin L.L. is still ready to perform it as the main one (as was provided for in the previously concluded employment contract with him);

c) in case of consent of Novikov N.N. to perform work previously performed by L.L. Lukin, L.L. Lukin may (but is not obligated) to offer L.L. Lukin as the main employer. other work available at the enterprise and, with the consent of L.L. Lukin, accept him to the enterprise in a new capacity, having previously terminated the employment contract with him on the basis provided for in Article 80 of the Labor Code of the Russian Federation, and then concluded a new employment contract with the employee.

The employer issues a corresponding order regarding the dismissal of an employee on the grounds provided for in Article 80 of the Labor Code of the Russian Federation. Based on the order to dismiss the employee, other necessary documents are drawn up.

Another comment on Art. 80 Labor Code of the Russian Federation

1. Article 80 of the Labor Code of the Russian Federation regulates the procedure for termination, at the initiative of the employee, of both a fixed-term employment contract before its expiration, and a contract concluded for an indefinite period. Previously existing legislation established restrictions on an employee’s ability to terminate a fixed-term employment contract early (Article 32 of the Labor Code), justifiably based on the fact that the term condition is one of the many conditions that make up the content of the employment contract, due to which an unmotivated unilateral violation of this condition is contrary to the universal principle of contract law - “contracts must be performed.”

2. By virtue of Part 1 of Art. 80 of the Labor Code of the Russian Federation, the employee’s will to terminate the employment contract must be expressed in writing. All other forms of such expression of will have no legal significance. An employee's initiative aimed at unilateral termination of an employment contract is usually expressed in the form of a corresponding written statement.

In practice, there are often cases when an employer delays making payments to an employee and issuing him work book, citing the fact that the employee did not fill out the so-called bypass form, did not hand over the material assets assumed, etc. This type of practice is not provided for by current labor legislation and is therefore illegal. Moreover, after the expiration of the notice period for dismissal, the employee has the right to stop working, and the employer is obliged to issue him a work book on the day of dismissal (last day of work) and, upon the written request of the employee, copies of documents related to the work, as well as pay all amounts due to him from the employer (see article, to them).

3. Termination of an employment contract at the initiative of the employee is possible at any time and without specifying the grounds for dismissal. At the same time, without limiting the employee’s right to resign freely at his own request, the legislator connects the occurrence of various types of legal consequences with the presence of certain reasons for such dismissal. So, in accordance with paragraph 1 of Art. 29 and art. 30 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On Employment of the Population in the Russian Federation” the reasons for dismissal, the list of which is given in this Law, affects the amount of the scholarship paid to citizens during the period vocational training, retraining and advanced training as directed by the employment service, as well as the amount of unemployment benefits. Reasons for voluntary dismissal listed in paragraph 1 of Art. 29, are confirmed by entries in the work book. Consequently, the reason for dismissal must be indicated not only in the employee’s application or order to terminate the employment contract, but also in the work record book.

4. The decision to dismiss at one’s own request must be an act of free expression of the employee’s will, otherwise it cannot be said that the employment contract is terminated on his initiative. In this regard, the Supreme Court of the Russian Federation draws the attention of courts to the need to proceed from the fact that termination of an employment contract at the initiative of an employee is permissible in cases where filing a letter of resignation 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 Supreme Court of the Russian Federation dated March 17, 2004 No. 2 ). However, the employer’s threat to terminate the contract with him on his own initiative cannot be considered as forcing an employee to resign at his own request, provided that the employer had grounds for this provided for by law (see).

5. If, before the expiration of the notice period for termination of the employment contract, the employee refuses to be dismissed at his own request, he is considered to have not submitted an application and cannot be dismissed on the grounds in question. An exception is the case when another employee is invited in writing to replace the resigning employee, who by law cannot be refused to conclude an employment contract. The wording of Art. 80 of the Labor Code of the Russian Federation is quite unambiguous: we mean only those cases when another employee is invited to replace an employee who resigns at his own request, and in writing, i.e. a person employed by another employer who is dismissed by transfer to this employer (see, to them). Accordingly, all other statutory guarantees for concluding an employment contract (see herein) do not apply to the situation provided for in the commented article. For example, an employee cannot be denied annulment of a voluntary resignation on the grounds that his position is expected to be filled by a pregnant woman who has been promised the job.

When granting leave from subsequent dismissal in the event of termination of an employment contract at the initiative of an employee, this employee has the right to withdraw his resignation letter before the start of the vacation, unless another employee is invited to take his place by way of transfer (see). If, while on vacation, the employee becomes temporarily incapacitated, as well as in the presence of other valid reasons, the vacation must be extended by the appropriate number of days (see the commentary thereto), and the day of dismissal is considered the last day of vacation. However, if the employee insists on terminating the employment contract from the initially determined date, his request must be satisfied.

Since the law provides for a mandatory written form for filing an application for resignation of one’s own free will, it should be assumed that the employee’s will to cancel this application must be expressed in the same form.

6. In accordance with Part 6 of Art. 80 of the Labor Code, if after the expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the contract continues. Thus, the fact that the employee’s work period has expired excludes the possibility for the employer to terminate the employment contract on the grounds in question, if “the employee does not insist on dismissal.” The latter formulation is broad and vague. It should be assumed that this applies to the case where, after the expiration of the notice period for dismissal, the employee returned to work and was allowed to work (i.e., continued to perform duties under the employment contract). At the same time, part 6 of Art. 80 should also apply when the employee expressed a desire to continue work, was not allowed to work, but the employer delayed the issuance of a work book, other documents required by the employee related to the work, as well as settlement with him.

The forms in which an employee can “insist on dismissal” are not defined by law. The most obvious is termination of work upon expiration of the notice period; however, the employee’s expression of will in other forms when continuing work is not excluded. In the latter case, dismissal must be carried out within other terms agreed upon by the parties.

It should be borne in mind that the employee’s demand in question has legal significance only at the time of expiration of the working period. If the employment contract was not terminated upon expiration of the service period, the employee continued to work, and subsequently demanded termination of the employment contract with him with reference to Part 6 of Art. 80, such a requirement cannot be considered legal: the employment contract must be terminated according to the rules established by Art. 80, including completion of the established notice period for dismissal.

7. The period of notice by the employee to the employer about the upcoming dismissal is determined by labor legislation. In accordance with Article 80 of the Labor Code of the Russian Federation, an employee, when terminating an employment contract, is obliged to notify the employer about this in writing no later than two weeks in advance. Consequently, notice of voluntary dismissal can be given earlier than two weeks. A temporary or seasonal worker must notify the employer three days in advance (see Art.,). The same period is provided for the dismissal of an employee at his own request during the probationary period (see also the commentary to it). The head of the organization has the right to terminate the employment contract early by notifying the employer (owner) of the organization’s property no later than one month in advance (see herein). The expiration date begins on the next day after the calendar date on which the application was submitted (see it).

An employee’s absence from work for valid reasons (for example, due to temporary incapacity for work) is not grounds for extending the period of service upon dismissal of his own free will. At the same time, the employee’s refusal to dismiss may be declared by the employee during his absence from work for the specified reasons.

As a general rule, unilateral reduction of the working period is not allowed. So, if an employee left work without working the period established by law, then this fact is regarded as absenteeism, giving grounds to dismiss the employee on the initiative of the employer (). At the same time, judicial practice proceeds from the fact that an arbitrary, without agreement with the employee, reduction of the working period or dismissal without working off gives the employee grounds to demand reinstatement at work with payment for the time of forced absence.

There is one exception to this rule, when the reduction of the term is due to valid reasons, the list of which is given in Part 3 of Art. 80 Labor Code of the Russian Federation. Among such cases, one can indicate the employee’s entry into military service under a contract (see).

The fact of violation by the employer of laws and other normative legal acts containing labor law norms, the terms of a collective agreement, agreement or employment contract, as a circumstance obliging the employer to terminate the employment contract within the period specified in the employee’s application, can be established, in particular, by the bodies implementing state supervision and control over compliance with labor legislation, trade unions, labor dispute commissions, courts (part 2, subparagraph “b”, paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

In these cases, the employer is obliged to terminate the employment contract within the period requested by the employee.

In all other cases, the agreement of the parties must be reached regarding the termination of an employment contract at the initiative of the employee without working out the period established by law or with a reduction in this period (subparagraph “b”, paragraph 22 of the said Resolution of the Plenum of the Supreme Court of the Russian Federation). It can be expressed in the form of a written statement from the employee about resignation of his own free will, indicating in it the conditions for dismissal without service or with a shortened period of service, or a corresponding order from the employer containing the signature of the resigning employee. Strictly speaking, since the law (Part 2 of Article 80 of the Labor Code of the Russian Federation) does not provide for the form of agreement between the employee and the employer regarding the period of service upon dismissal at their own request, such an agreement can also be reached orally. However, one should take into account the difficulties of proving the existence of this agreement.

8. It should be assumed that, as a general rule, if there is another reason for terminating an employment contract - for example, a change in the owner of the organization (see), the employee’s refusal to continue working due to a change in the essential terms of the employment contract (see), refusal to transfer to another job in accordance with a medical report, refusal to transfer in connection with the employer’s relocation to another location (see it) - priority should be given to the employee’s expressed will to resign at his own request.

In addition, at the request of an employee whose dismissal is declared illegal, the court may limit itself to making a decision to recover in his favor the average earnings for the period of forced absence and to change the wording of the grounds for dismissal to dismissal at his own request (see). Submitting a written resignation letter by an employee at his own request cannot be considered a circumstance excluding the possibility of termination of an employment contract with him on the initiative of the employer - if there is any established by law grounds.

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