How to correctly record in the workbook about the dismissal of one's own volition

Regularly employees of the personnel service are faced with the execution of the documents of the resigning employee. Of course, there are many reasons for dismissal, so it is necessary in each case to reflect them in the work book. Personnel must refer to the article and part of the Labor Code, which reflects the reason for dismissal. However, there are often controversial questions about how much to indicate in the workbook and how to record in the workbook about the dismissal at will.

Let's take a closer look at the most common phenomenon - dismissal at the request of the employee.

Each employee has the right to terminate the employment contract on his own , in advance (for 2 weeks) to notify his employer about it in writing. But, there are also categories of employees who have the right to leave without working off. These include: concluding a fixed-term contract up to 2 months and seasonal workers. In this case, employees are required to notify in writing about their dismissal of the employer in writing in 3 days. In addition, under the law, there is the possibility of applying for a period of leave or temporary incapacity for work.

The employee who submitted the application has the right to withdraw it before the date of dismissal. However, if a person has already been admitted to the place of the dismissed person and an order has been issued for him, then the application is prohibited by law.

What kind of record in the work book when you leave at will?

Some personnel officers, while recording, rely on the Instruction of the Ministry of Finance No. 69 and record that the employee was dismissed on the basis of Clause 3 Article 77 of the TCRF. And others rely on the requirement of the TC and indicate in the workbook of paragraph 3 of part 1 of Art. 77 TCRF.

Regardless of the preference of the personnel officer, the record is fixed, and the employee is obliged to put the inscription "Acquainted" and sign in the work card.

In the event that dismissal occurs as a result of preferential benefits granted by law, it is necessary to make a record in the work record of dismissal at will and indicate the reason.

One of the reasons for such dismissal can be the care of a child under 14 years of age (with a certificate from a medical institution). Also this kind of dismissal is quite often found among employees whose husbands are transferred to another locality (at the same time it is necessary to provide a certificate from the workplace of the spouse).

So, there is one nuance - dismissal as a result of transferring to another job. According to the law, this dismissal is also one's own desire. How correctly to make record in the work-book about dismissal? Let's see how to deal with such a problem.

According to the TC (clause 5 article 77) the employer has the right to carry out this dismissal when:

1. The request of the employee himself
2. With the consent of the employee

Of course, from the basis of dismissal depends on the recording. The new organization should make a note in the text that the employee is "accepted at the time of transfer." However, the reason for the transfer is not indicated.

Performing a record in the workbook about dismissal at will, be extremely attentive. After all, despite the ten-year action of TCRF, common mistakes are made. Some personnel officers, writing out a record in the work record of dismissal at their own will, refer to Article 80 of the TCRF. This action is unacceptable, since this article is only an explanation of the dismissal procedure and is not an excuse for dismissing an employee. Such registration will create certain problems not only for the retired employee, but also for his employer. After all, the next place of work will be asked to make appropriate corrections.