Art. 80 of the Labor Code of the Russian Federation. Termination of the employment contract on the initiative of the employee

The employer can dismiss an employee only in cases prescribed by law. But for the worker art. 80 of the Labor Code allows the dismissal of their own volition at any time, even despite the terms of the contract. Let us consider in more detail what the dismissal procedure is based on the initiative of the employee, as well as all the nuances stipulated by law.

Concept of an employment contract

An employment contract is an agreement in writing between a manager and a subordinate, establishing their mutual duties, as well as rights. According to the agreement, the employee must perform certain work that is commensurate with his qualifications, and the employer must provide this work, as well as provide conditions and pay.

In Russia, the labor agreement obliges the employee to assume responsibility for the performance of work and to comply with the internal regulations of the company. This factor is decisive in the drafting of the treaty and distinguishes it from other agreements of a civil-law nature.

Legal grounds

Dismissal, as desired, legally provides art. 80 of the Labor Code of the Russian Federation. The current reaction of the employer may be ambiguous, but nevertheless this basis is the most common among others, even if the dismissal is not due to the desire of the employee.

Unlike the previously prescribed requirements, the current legislation does not require the employee to have special reasons for termination of the agreement. Now it can be almost any reason.

To the most common reasons why an employee can leave the workplace, you can include:

• retirement;
• Admission to any educational institution;
• Violation of the Labor Code by the employer;
• changing of the living place;
• Impossibility to continue work due to deterioration of health status;
• Absence of any perspective;
• The availability of new work, etc.

Art. 80 of the Labor Code does not prohibit employees to terminate the agreement ahead of schedule for any circumstances, irrespective of whether a fixed-term contract or an indefinite one.

Write a statement of care employee has the right when it is convenient, even being on sick leave or on vacation. The indication of the reason is strictly a personal matter for every citizen, you can specify it, but you can keep silent about it. But if there is a desire to quit in the shortest possible time, the reason still needs to be indicated. Otherwise, it will be necessary to work out on general grounds.

Writing an application and terminating an agreement is a legal right of an employee, which the employer can not neglect. The application is notifying, not permissive. In other words, the employee tells the supervisor that he is quitting, and does not ask for permission. Consequently, the head can not refuse to accept the application, as the Labor Code says. Art. 80 TC RF, in turn, states that the document must be submitted in writing and in advance, otherwise the employee will violate the law.

Conditions

The most important condition for termination of an agreement is an advance notice to the employer. It is necessary to withstand the following conditions:

• The application is submitted only in writing;
• Adherence to the established terms of warning.

For general cases, the term should be at least two weeks, although you can warn before. For what it is necessary to warn in advance:

1. To enable the employer to find a new employee.
2. To give time to a person to think and, possibly, change the decision, having made thus a response about dismissal. In this case, the subordinate can, until the dismissal, withdraw the application and continue working in the organization. An exception is the situation when a new employee was already invited to the position and it is not possible to refuse him because of the requirements of the law.

According to Art. 80 of the Labor Code of the Russian Federation, a two-week period for notification of dismissal can be changed for certain categories of employees.

The period may be:

• Three days, if the nature of the work is seasonal or the employee is on probation. By the way, the same concerns the labor agreement, concluded for two months.
• Month, if the employee who occupies a managerial position is dismissed.

Special conditions for dismissal are defined for those categories of citizens who work for an IP or in a religious organization. Here the terms of notification are not defined by law, but are prescribed individually when concluding an employment agreement with the employee. Under certain circumstances, which are prescribed in the Labor Code, the terms of notification can be reduced, and the employee himself determines the time of writing the application, indicating the reason for leaving.

Art. 80 of the Labor Code of the Russian Federation with the commentary permits the termination of the employment contract earlier than the established time, if both parties have come to this decision voluntarily.

The employer has no right to dismiss the employee ahead of time, while the employee can not violate the labor discipline and leave the workplace earlier than indicated in the application. In this case, he can be fired for another article.

Notification of employer

As stated above, the very dismissal is preceded by the writing of the application, according to Art. 80 of the Labor Code of the Russian Federation. The reaction of the head can be ambiguous, therefore the application must be drafted and filed according to the rules of the law.

There is no established form for writing a statement, but it always begins with the words "I ask you to fire me ...". The reason can be specified or not. But if you do not want to work out two weeks, it's better to specify it. The date in the application is put, unless the wording of the dismissal is specified within two weeks.

The application for dismissal can be transferred personally or sent by mail. In the first case, it is better to make a copy of the document and certify with a note from the authorized person. In the second case - send by registered mail with the inventory. Such measures, according to Art. 80 of the Labor Code of the Russian Federation, will help in future the employee avoid unpleasant situations if, for example, the head refuses to dismiss him due to the fact that no statement has been written.

Preparation of documents

After the application is written and sent to the personnel department, the remaining documents must be prepared, taking into account the provisions of the LC RF and in particular Art. 80 of the Labor Code of the Russian Federation. Dismissal of one's own will involves the preparation of such documents as:

• Dismissal order;
• The employment form with the appropriate care record;
• Certificate of insurance contributions;
• Certificate of wages;
• Certificate about the time of work in this company.

The dismissal order must be issued in the personnel department in accordance with the established model (Decree of the State Statistics Committee No. 1 of January 5, 2004). In the order there must be a reference to the article of dismissal, namely, p. 3 part 1, Art. 77 of the Labor Code of the Russian Federation, and information was entered from the employee's statement. This document must contain the signature of the dismissed and authorized person.

Further it is necessary to make, according to Art. 80 of the Labor Code of the Russian Federation, a record in the form of a work record. Here all the information from the order already signed by the employee is taken into account.

Record in the work

Information on dismissal is entered in the work book on the last day of the employee's stay at work.

Taking into account the provisions of Art. 80 of the Labor Code of the Russian Federation, the entry in the workplace must be made in accordance with the Decree of the Ministry of Labor No. 69 of 10.10.03 and the Instruction on keeping the forms.

In the first column the next record number is placed next to the previous one, in the second - the date of dismissal, which should correspond to the date of termination of the agreement, in the third column, relying on Art. 80 Part 3 of the Labor Code, the reason for dismissal and information about the authorized person, the fourth column should indicate information about the document, based on which, the employee was fired.

After the employee has received his labor, he must sign in the journal of accounting forms of labor. This is a guarantee of the company that in the future the citizen will not make any claims.

Calculation

According to Art. 80 p. 3 of the Labor Code of the Russian Federation, the termination of labor activity on the initiative of the employee is possible at any time and without giving reasons. Accordingly, and calculate the employee must on general grounds. When the activity is terminated, the employee is entitled to all payments that he deserved at the job site. This includes:

• Wages for the entire period before dismissal;
• Compensation for unused vacation;
• Other payments that were provided for in the employment agreement.

If during the work the vacation was used in advance, the accounting department should make a recalculation of the amount being given out, in other words, to withhold money from the salary. Calculated, as well as a work book, are issued on the last day of the employee's employment in the workplace. In some cases, all payments and compensations can be issued for the next day after the dismissal, but not later.

Do I need to work out

Retirement at dismissal is a rather delicate matter. Everything will depend on the specific situation. In most cases, the employee works out two weeks, when the employer needs to find a new person for the position. But even in this case, working off is not a strict criterion. First, both parties can reach a general consensus and terminate the employment relationship on the day of application. Secondly, if the employee has already found a new place of work, and he is forced to work, he can simply go to a sick leave or take a vacation. This time will be counted as a work-off, and after the employee can take all the documents and payments.

So, taking into account the provisions of Art. 80 part 3 of the Labor Code of the Russian Federation, a citizen is not required to work for two weeks, although the same article fixes the right to require the employee to work off the employee. How to bypass working off? Based on all the same legislation, in the application for dismissal, you can indicate the reason for the dismissal (new work, admission to the educational institution, recruitment, retirement, illness, etc.).

Another reason to quit at will without working out can serve as a violation of the head of labor law, the requirements of regulatory enactments and local documents operating in the company. This allows the employee to resign for several days or even on the day of filing the application.

The employee changed his mind

Considering the position of Part 4 of Art. 80 of the Labor Code, dismissal is an initiative of the employee, if the employer does not take any measures for this, then he eats, does not force to quit. And just as a subordinate has the right to resign at any time, he may want to stay in his place. The employer has no right to interfere with this fact.

You can withdraw the application for dismissal both during the working day and on the last day. The head can refuse the employee only in the event that the person has already been formally invited to take his place. In other cases, there are no obstacles to the employee to stay.

To withdraw the application for dismissal, you need to write one more statement, refuting the first. Or in the personnel department make a note on the document.

If an employee goes on leave with a subsequent departure from work, then he can change the decision only if the official leave has not started.

The employer does not let go

What if the application for resignation is already written, they are waiting for a new job, but the boss does not want to be dismissed? Are his actions lawful?

The first thing that needs to be done is to record the moment of delivery of the application. For this purpose, it is written in several copies, one of which remains with the personnel officer, and on the second the authorized person must issue a visa stating that the document was adopted, who accepted it and when. If the employee refuses to register the application, send it by registered mail with the inventory to the address of the organization. In this case, if the employer refuses to be dismissed, the employee will have two documents in his hands: a receipt for the payment of the letter and a notice of receipt. But here the work will start from the moment the letter is received by the organization.

If on the last day the authorized person does not issue a work book and settlement funds, the employee has the right to apply to the labor inspectorate or to the court. In the first case, an application is written to the authority, which is considered within a month. At the end of this time, the labor inspectorate must issue a writ that eliminates the violation. In most cases, the employee should only be threatened with an appeal to the inspection, so that all questions are immediately resolved. No employer will contact the authorities. In the second case, the application can be filed on the grounds that the employee is deprived of the opportunity to start a new job, and, in addition, to seek compensation for the delay in the documents.