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

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

Official text:

Article 80. Termination of an employment contract at the initiative of the employee (at his own request)

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.

Lawyer's comment:

This article defines the procedure and conditions for terminating an employment contract at the initiative of the employee (at his own request), concluded both for an indefinite period and for a fixed-term one. The previously valid norm (Article 32 of the Labor Code) provided for the termination of a fixed-term employment contract, but in the presence of valid reasons. According to the Labor Code, an employee has the right to terminate an employment contract (including a fixed-term one) by notifying the employer in writing two weeks in advance. 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 obligation to prove it rests with the employee (subparagraph “a” of paragraph 22 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2).

Article 80 of the Labor Code is supplemented by a provision according to which the specified period begins the next day after the employer receives the employee’s resignation letter. In accordance with Part 2 of Article 80, by agreement (agreement) between the employee and the employer, the employment contract can be terminated before the expiration of the established notice period for dismissal. However, if the parties have not agreed on a specific notice period (within a two-week period), the employee is obliged to work for the established two-week period. If the resignation letter does not indicate a specific date of dismissal, then the employer does not have the right to dismiss the employee until two weeks after he submits the application or before the expiration of the period specified in the application. Likewise, an employee does not have the right to leave work without permission without notice of dismissal or before the expiration of the notice period. Such abandonment of work may be considered a violation of labor discipline with corresponding adverse consequences for the employee.

An employee can terminate an employment contract at his own request at any time (including while on vacation, during a period of temporary disability, or on a business trip, since the purpose of such a statement is to notify the employer of dismissal so that he has the opportunity to select a new employee). In cases where the employee’s application for dismissal is due to the inability to continue working (him accepting full-time training, retirement, transfer of a spouse to another locality, etc.), as well as in cases where the employer has violated the law or other regulatory legal acts on labor , the terms of an employment or collective agreement, agreement, the employer is obliged to terminate the employment contract within the period specified by the employee. It is necessary to keep in mind that these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, labor unions, the court (paragraph 2 of subparagraph "b" of paragraph 22 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated 17.03 .2004 No. 2).

When demanding immediate termination of the employment contract (or within the period specified by the employee), the employee must provide evidence demonstrating the impossibility of continuing work (for example, an order for enrollment in full-time study at a university or an order (instruction) of the employer to send a pregnant woman or a minor on a business trip) . The main purpose of the notice of dismissal, on the one hand, is to enable the employer to select a new employee to replace the dismissed one, and on the other hand, to provide the employee with the opportunity to reconsider his decision to dismiss. Part 4 of Article 80 establishes the right of an employee to withdraw his application before the expiration of the warning period, except in the case when another employee who cannot be refused employment is invited in his place in writing (). Thus, the employee can withdraw his application at any time (except in the specified case), and the employer can return it to the employee.

After the warning period has expired, the employer has no right to detain the employee. In practice, there are cases of illegal refusal to dismiss an employee, despite the expiration of the notice period (for example, the employee did not hand over the material assets assigned to him or has a monetary debt, etc.). The legislator clearly defined that the day of termination of the employment contract is considered the last day of work and on this day the employee must be issued a work book and other documents related to work, at the written request of the employee, and a final settlement must be made with him (Article 140 of the Labor Code). If the employer has not fired the employee after the expiration of the notice period, he has the right not to go to work. In accordance with Article 234 of the Labor Code, the employee is paid the earnings he did not receive during the illegal deprivation of his opportunity to work, since he cannot take another job without a work book.

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. Essentially, this provision provides for the right of the employee and the employer to maintain the validity of the employment contract. In this case, no additional agreements are required. Article 80 does not provide for the employee’s obligation to indicate the reason for dismissal. However, in some cases, the legislator links the reason for dismissal with the provision of certain benefits and guarantees to the employee. In such cases, the reason for dismissal must be indicated (for example, when dismissing voluntarily due to the husband (wife) moving to work in another area or retiring to an old-age pension, the employee retains continuous work experience regardless of the duration of the break in work (in general As a rule, continuous work experience is maintained for three weeks)).

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.

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

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. 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. The corresponding employee initiative is usually expressed in the form of a statement.

In practice, there are often cases when an employer delays making payments to an employee and issuing a work book to him, citing the fact that the employee did not fill out the so-called bypass sheet, did not hand over the material assets he accepted, etc. This type of practice is not provided for by 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 Art. 62, 140 Labor Code and commentary thereto).

3. Termination of an employment contract at the initiative of the employee is possible at any time and without specifying the reasons that served as the basis for dismissal. However, if the employee believes that the reason that determined his intention to terminate the employment contract is significant, he can indicate it in his resignation letter. Accordingly, this reason is indicated in the order to terminate the employment contract, on the basis of which an entry is made in the employee’s work book.

4. 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 Armed Forces of the Russian Federation dated 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 Article 81 of the Labor Code and the commentary thereto).

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 the commented article is quite unambiguous: we mean only those cases when another employee is invited, and in writing, to replace an employee who resigns at his own request, i.e. a person employed by another employer who is dismissed by transfer to this employer (see Article 72, paragraph 5 of Article 77 of the Labor Code and commentary thereto). Accordingly, all other statutory guarantees for concluding an employment contract (see Article 64 of the Labor Code and the commentary thereto) 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 with subsequent dismissal in the event of termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by way of transfer (see Article 127 of the Labor Code and the commentary thereto) ). 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 Article 124 of the Labor Code and 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. 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. 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 the commented article should also apply when the employee expressed a desire to continue working and 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 the commented article, such a requirement cannot be considered legal: the employment contract must be terminated according to the rules established by the commented article article, including working out 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 the commented article, 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 about this three days in advance (see Articles 292, 296 of the Labor Code and commentary thereto). The same period is provided for the dismissal of an employee at his own request during the probationary period (see Article 71 of the Labor Code and the commentary thereto). The head of an organization has the right to terminate an employment contract early by notifying the employer (owner) of the organization’s property no later than one month in advance (see Article 280 of the Labor Code and the commentary thereto). The expiration of the period begins the next day after the calendar date on which the application was submitted (see Article 14 of the Labor Code and the commentary thereto).

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 at the initiative of the employer (subparagraph “a”, paragraph 6 of Article 81 of the Labor Code). At the same time, judicial practice proceeds from the fact that an arbitrary reduction of the working period by the employer, without the consent of the employee, 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 period is due to valid 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 Article 83 of the Labor Code and the commentary thereto).

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 (subparagraph “b”, paragraph 22 of the Resolution of the Plenum of the Armed Forces 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 Resolution of the Plenum of the Armed Forces of the Russian Federation of 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 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.

8. As a general rule, if there is another reason for terminating an employment contract (for example, a change of owner of the organization (see Article 75 of the Labor Code and commentary thereto), transfer to work for another employer or to an elected position (see Article 77 of the Labor Code and commentary to it), the employee’s refusal to continue work due to a change in the essential terms of the employment contract (see Article 74 of the Labor Code and the commentary to it), refusal to transfer to another job in accordance with a medical report, refusal to transfer due to relocation employer to another location (see Article 72.1 of the Labor Code and the commentary thereto)), priority should be given to the employee’s expression of will to resign at his own request.

An employee's submission of a written resignation letter of his own free will cannot be considered a circumstance excluding the possibility of termination of an employment contract with him at the initiative of the employer - if there are grounds for this established by law.

9. For the specifics of terminating an employment contract with an athlete on the latter’s initiative, see Art. 348.12 TC and commentary thereto.

Text of Article 80 of the Labor Code of the Russian Federation in the new edition.

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

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.

N 197-FZ, Labor Code of the Russian Federation, current edition.

Commentary to Art. 80 Labor Code of the Russian Federation

Comments on articles of the Labor Code will help you understand the nuances of labor law.

§ 1. Article 80 of the Labor Code gives the employee the right, on his own initiative, to terminate the employment contract at any time by notifying the employer in writing no later than two weeks in advance, unless the Labor Code or other federal law establishes a different period. You need to know that the specified period begins the next day after the employer receives the employee’s resignation letter. This provision reflects the principle of freedom of labor and freedom of employment contract.

§ 2. An employment contract by agreement between an employee who has submitted a notice of resignation of his own free will and the employer can be terminated before the expiration of the notice of dismissal.

§ 3. In cases where an employee’s application for dismissal is due to the impossibility of continuing work (his admission to full-time study at a university or other educational institution, retirement, transfer of a spouse to another locality and other valid reasons), as well as in case of violation by the employer of labor employee rights, terms of an employment or collective agreement, agreement, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

§ 4. The employee has the right to withdraw his application at any time before the expiration of the warning period, except in the case when an employee who cannot be refused employment in accordance with Art. 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).

§ 5. It should be borne in mind that the Plenum of the Supreme Court of the Russian Federation in Resolution No. 2 of March 17, 2004, in paragraph 22, indicated that if, after the expiration of the warning period, the employment contract was not terminated and the employee does not insist on dismissal, the effect of the employment contract the contract is considered continued.

If a notice of resignation is filed by an employee under 18 years of age, the commission for minors’ affairs must be notified about this.

§ 6. If an employee left work before the expiration of the warning period and without an order for his early dismissal, the employer may qualify this as absenteeism without good reason and dismiss such an employee for absenteeism (see Article 81 of the Labor Code and the commentary thereto).

The employer does not have the right to dismiss the employee without the consent of the employee based on his application before the expiration of the notice period. He cannot fire him under Art. 80 of the Labor Code, unless there is a written statement from the employee about this.

§ 7. After the expiration of the notice period, if the employer does not dismiss the employee for some reason (which is often the case in practice), the latter may leave the job. The employer is obliged to issue him a work book and make payments to him. Otherwise, according to Art. 234 of the Labor Code, the employee is paid the earnings he did not receive during the illegal deprivation of his opportunity to work, since he cannot get another job without a work book.

§ 8. During the warning period, the employer has the right to dismiss the employee if he has committed an offense that is grounds for dismissal (showing up at work while drunk, etc.).

When dismissing a temporary or seasonal employee at his own request, the notice period is three calendar days.

§ 9. The warning period is calculated from the next day after the employee submits the application. If the last day of the warning period falls on a non-working day, then the next working day following it is considered the end of the warning period. On the last day of work, the employer is obliged to formalize the dismissal and make a payment, issue the employee with a work book with a written record of the grounds for dismissal.

§ 10. Since Art. 80 does not stipulate (as was the case in Article 31 of the Labor Code) that in this way an employment contract for an indefinite period is terminated, we conclude that it provides a similar right to terminate a fixed-term employment contract at will.

§ 11. Those sentenced to correctional labor without imprisonment during the term of their serving cannot be dismissed at their own request without permission in writing from the criminal correctional inspection (Article 40 of the Penal Code of the Russian Federation).

The following commentary to Article 80 of the Labor Code of the Russian Federation

If you have questions regarding Art. 80 TK, you can get legal advice.

9. For the specifics of terminating an employment contract with an athlete on the latter’s initiative, see Art. 348.12 TC and commentary thereto.

Article 80 of the Labor Code of the Russian Federation establishes the procedure for dismissal at the employee’s own request. Let us consider what provisions this article establishes, provide explanations from lawyers on its application and a sample application.

From this article you will learn

An employee has the right to resign at his own request; Article 80 of the Labor Code of the Russian Federation establishes notice periods and the possibility of terminating the employment relationship before the expiration of the notice period. You need to pay special attention to the most difficult moments. A selection of articles prepared by our experts will help you carry out the procedure correctly.

What provisions are established in Article 80 of the Labor Code of the Russian Federation: dismissal at will?

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Employee's resignation letter
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On the basis of the Labor Code of the Russian Federation, dismissal at one's own request can take place before the expiration of the two-week warning period. The employer is obliged to terminate the TD within the period specified in the written notice if this is due to the inability of the employee to continue working, for example, upon enrollment in educational institutions, retirement, and so on. Also, before the end of the warning period, it is possible if a violation of the law on the part of the employer or a violation of other regulations that contain labor law norms, a collective agreement, an employment agreement, or local regulations is established.

Article 80 of the Labor Code of the Russian Federation “Dismissal at will”: what difficult points are important to take into account?

The employee may withdraw the application during the entire period of validity of the warning. According to Article 80 of the Labor Code, voluntary dismissal in this case is not carried out. But if another specialist takes the place of an employee planning to leave, who has been sent an invitation in writing, and he cannot be denied employment taking into account the Labor Code and other federal laws, the termination of the trade agreement with the employee will take place even if he changes his mind. For all the details, see the feature article:

After the warning period expires, the employee has the right to stop working; on the last working day, if dismissal at his own request on the basis of Article 80 of the Labor Code of the Russian Federation took place in 2018, it is necessary:

issue the final payment and work book;
give other documents related to work;
submit a salary certificate and extracts from the SZV-M and SZV-STAZH forms and calculations of insurance premiums, at the employee’s request, other extracts and copies of documents, if required.

If the contract has ended and the contract has not been terminated, the employee does not insist on leaving, the employment relationship continues. How to document everything, read the expert’s recommendations.

Question from practice

Ivan Shklovets answers:
Deputy Head of the Federal Service for Labor and Employment.

First, get a statement from the employee. Make sure it contains the date. When the warning period expires, issue an order, fill out a personal card and make an entry in the work book. On the last day of work, pay the employee the final payment, issue a work book and other necessary documents. Read our recommendations for details about each stage.

From the answer

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How to apply Article 80 of the Labor Code “Dismissal at will”: explanations from lawyers

Article 80 of the Labor Code of the Russian Federation “Dismissal at will” regulates the basic procedure for terminating both fixed-term and permanent employment at the initiative of the employee. It is important to take into account that the will to terminate the employment relationship at the initiative of the employee must be expressed in writing. In practice, an employee.

Dismissal at one's own request, which article of the Labor Code of the Russian Federation in 2018 regulates the procedure for terminating employment relations at the initiative of an employee, we have considered. Below we provide comments from lawyers on the application of Article 80 of the Labor Code of the Russian Federation. The employer must provide the employee with a complete calculation and labor on the last day of work. See the procedure in the thematic article:.

If this does not happen, the issuance is delayed and this is motivated by various reasons, for example, the lack of a completed bypass sheet, untimely delivery of material assets, and so on; such actions of the employer are considered unlawful. The employee has the right to appeal them in accordance with the procedure established by law.

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Work book (fragment). Registration of termination of trade agreement with an employee at his own request
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The employee may terminate the employment relationship at any time. In general, there is no need to indicate reasons. But if the employee is sure that the reason for termination of the TD is considered significant, which does not allow him to continue working, he must indicate this in his resignation letter. In this case

Even when an employee himself wants to leave the company, situations arise in which it is difficult for the personnel officer to understand how to do the right thing. For example, an employee sent an application by mail, and the employer received a letter later than the desired day of dismissal. Or another problem: the director signed the order, but the employee changed his mind about leaving. In this article, we looked at atypical situations that occur when a trade union is terminated on the initiative of an employee, and we came up with five rules. Check yourself to see if this is how you fire your employees.

Article 80 of the Labor Code of the Russian Federation: dismissal at will without warning period

Article 32 of the Labor Code of the Russian Federation 2018 “Dismissal at one's own request” allows for early termination of a labor contract or contract if, for health reasons, the employee cannot continue working or in the event that the employer has violated labor legislation, collective provisions, labor agreements, or for other valid reasons.

Article 80 of the Labor Code of the Russian Federation “Dismissal at one’s own request” establishes the procedure for terminating employment, notice periods and the possibility of terminating the employment relationship before expiration. During the entire warning period, the employee has the right to withdraw his application. If a specialist from another organization who has already left his job was not invited to replace him, the employment relationship will continue. For valid reasons, termination of TD is carried out on the date specified in the application.

Article 80. Termination of an employment contract at the initiative of the employee (at his own request)

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

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

Commentary to Art. 80 Labor Code of the Russian Federation

1. An employment contract - fixed-term or with an indefinite duration - can be terminated at the initiative of the employee with mandatory written warning of this to the employer at least two weeks before dismissal, unless a different period is established by the Labor Code or other federal law (see commentary to Art. Articles 280, 292, 296 of the Labor Code).2. Dismissal of an employee at his own request before the expiration of the notice period is possible both by agreement of the parties and in the presence of valid reasons (retirement, enrollment in studies, etc.), as well as in cases of established violation by the employer of the labor rights of employees (see paragraph 22 PPVS of the Russian Federation dated March 17, 2004 N 2).3. If the employee withdraws the application before the expiration of the notice period, dismissal is not carried out, except in cases established by the Labor Code and other federal laws (see commentary to Article 64 of the Labor Code).4. After the warning period has expired, the employer has no right to detain the employee and must dismiss him with the issuance of a work book on the last day of work and execution of the final payment (see commentary to Article 84.1 of the Labor Code).5. If, upon expiration of the notice period, the employment contract was not terminated, i.e. the employer has not issued a corresponding order (instruction), and the employee does not insist on dismissal, the employment contract continues.

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

Decision of the Supreme Court of the Russian Federation dated August 20, 2002 N GKPI2002-771

The Labor Code of the Russian Federation does not regulate relations on compulsory social insurance, therefore the applicant’s arguments about the inconsistency of the provisions of the contested normative acts of Art. 6 of the International Covenant on Economic, Social and Cultural Rights art. Art. , , , Labor Code of the Russian Federation and the violation of the applicant’s rights to freely dispose of his ability to work are not based on the law.

Determination of the Constitutional Court of the Russian Federation dated January 22, 2004 N 11-O

1. In his complaint to the Constitutional Court of the Russian Federation, citizen Yu.V. Rogov requests that part three of the article of the Labor Code of the Russian Federation be recognized as contradictory to Article 37 (parts 1, 2 and 3) of the Constitution of the Russian Federation, according to which, in cases of established violation by the employer of laws and other regulatory legal acts containing labor law norms, the terms of a collective agreement, agreement or of an employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Determination of the Supreme Court of the Russian Federation dated July 28, 2006 N 75-B06-12

By the decision of the Lakhdenpokhsky District Court of the Republic of Karelia dated December 14, 2004, the claims were partially satisfied. The wording of the grounds for G.'s dismissal was changed, entry No. 25 in G.'s work book was declared invalid. The children's music school in Lakhdenpokhya is obliged to make an entry in its work book about the invalidity of entry No. 25 and the entry “dismissed on September 1, 2004 at its own request on the basis of Article of the Labor Code of the Russian Federation.” 18,290 rubles were recovered from the children's music school in Lakhdenpokhya in favor of G. 88 kop. for the delay in issuing the work book, compensation for moral damage in the amount of 3,000 rubles, in compensation for costs associated with the consideration of the case, 525 rubles. The rest of G.'s claim was rejected.

Decision of the Supreme Court of the Russian Federation dated November 16, 2006 N GKPI06-1188

As the applicant points out, paragraph 7.2 of the contested normative legal act in the part of the words: “for good reasons” contradicts part three of article of the Labor Code of the Russian Federation.

On August 18, 2005, she turned to the administration of the kindergarten with a letter of resignation in connection with her move to permanent residence in Moscow from the moment she submitted her application. The administration refused to terminate her employment contract before the expiration of the two-week period.

Ruling of the Supreme Court of the Russian Federation dated 02/08/2007 N KAS06-550

Ya. appealed to the Supreme Court of the Russian Federation with an application to invalidate clause 7.2 of the Explanation regarding the words “for good reasons”. At the same time, the applicant indicated that this paragraph of the Explanation regarding the words: “for good reasons” contradicts part three of article of the Labor Code of the Russian Federation.

Review of judicial practice, Appendix to the letter of the FSS of the Russian Federation dated July 11, 2005 N 02-18/07-6203

According to an article of the Labor Code, an employee has the right to terminate an employment contract by notifying the employer in writing two weeks in advance.

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

Determination of the Constitutional Court of the Russian Federation dated January 25, 2007 N 131-О-О

According to Article 37 (Part 1) of the Constitution of the 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, as a general rule, two weeks in advance (part one of article 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 vacant position, and secured by part four of the same article The employee’s right to withdraw his application before the expiration of the notice period for dismissal (unless another employee is invited in his place in writing and who cannot be denied an employment contract) is aimed at protecting the employee’s labor rights.

Determination of the Supreme Court of the Russian Federation dated July 28, 2006 N 51-B06-4

Kh. filed a lawsuit against the district administration for reinstatement at work, recovery of wages for the period of forced absence and compensation for moral damage. She motivated her demands by the fact that she was fired in violation of the procedure established by Art. Labor Code of the Russian Federation.

Determination of the Supreme Court of the Russian Federation dated September 29, 2005 N 71-G05-12

Representative T., by proxy I., did not agree with B.’s demands, explaining that the applicant did not indicate what the violation of his rights was. G., to whom T. was directly subordinate, has currently gone on leave in connection with participation in the upcoming elections and the basis provided for in subparagraph “l” of Part 1 of Art. 29 of the Federal Law “On Basic Guarantees...”, which prevented T. from holding the position of chairman and member of the territorial election commission, has disappeared. In addition, on August 30, 2005, he submitted a letter of resignation from the position of head of the Zelenograd Cleanliness Municipal Unitary Enterprise effective August 31, 2005 in accordance with Part 3 of Art. Labor Code of the Russian Federation in connection with previous violations of labor legislation against him by the head of the municipality G., but his dismissal was unreasonably denied.

Determination of the Supreme Court of the Russian Federation dated September 26, 2008 N 6-В08-12

K.A. filed a lawsuit against fire department No. 31 of the State Fire Service for the protection of the urban settlement. Aleksandro-Nevsky of the State Institution of the Ryazan Region "Center for Fire Safety, Civil Defense and Emergency Situations" for reinstatement, recovery of average earnings for the period of forced absence and compensation for moral damage, citing the fact that he was wrongfully dismissed on the grounds established article of the Labor Code of the Russian Federation, namely: at one’s own request.

Determination of the Supreme Court of the Russian Federation dated July 11, 2008 N 48-B08-6

Meanwhile, this conclusion of the court does not correspond to the articles of the Labor Code of the Russian Federation, since on February 9, 2007, at the time of withdrawal of the application for dismissal, M. continued to work in the same place, the defendant had not yet become obligated to conclude an employment contract with her, in hiring she could have been denied a job as a transfer.

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

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

Commentary to Art. 80 Labor Code of the Russian Federation

The following commentary to Article 80 of the Labor Code of the Russian Federation

What provisions are established in Article 80 of the Labor Code of the Russian Federation: dismissal at will?

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Article 80 of the Labor Code of the Russian Federation: dismissal at will without warning period

Commentary to Art. 80 Labor Code of the Russian Federation

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