Dismissal at the initiative of the employee (at his at will) - traditionally the most common ground for termination employment contract. Despite the apparent simplicity of the registration, specialists often have questions about how to correctly reflect this entry in the employee’s work book. Let's look at situations in which mistakes are made in order to avoid them.

Dismissal at the initiative of the employee

• « dismissed at his own request, Labor Code Russian Federation»;
• “dismissed at the initiative of the employee, Labor Code of the Russian Federation”;
• “the employment contract was terminated at one’s own request, according to the Labor Code of the Russian Federation”;
• “the employment contract was terminated at the initiative of the employee, the Labor Code of the Russian Federation”;
• “the employment contract was terminated at one’s own request, according to the Labor Code of the Russian Federation”;
• « the employment contract was terminated at the initiative of the employee, the Labor Code of the Russian Federation.”

In addition, any of these formulations can be supplemented with an indication of the reasons for providing the employee with benefits and benefits.

A record of dismissal is made in the “Information about work” section of the work book or an insert in it.

Then all records made in this organization are certified by the signature of the person responsible for maintaining work books and the seal of the organization.

The employee himself, the owner of the work book, signs below (clause 35 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225).

The article describes in detail how to make an entry in the work book about the dismissal of an employee at his own request, in what time frame to make it according to the rules of 2019, and provides a sample of entries for all occasions.

How to make entries in the work book in 2019

Entries in the work book upon dismissal in 2019, a sample of which we will provide below, raise many questions from employers. Regulatory documents will help you deal with these issues:

1. Instructions for filling out (approved by Resolution of the Ministry of Health and Social Development of the Russian Federation dated October 10, 2003 No. 69);
2. Rules for maintenance and storage (Resolution of the Government of the Russian Federation dated April 16, 2003 No. 225).

Second– Abbreviations are not allowed in the work book. However, abbreviations may still appear in records before 2003. There is no need to fix them.

Third– the notes themselves must be made carefully. You should use a fountain pen, gel pen or ballpoint pen. The ink in them must be light-resistant. Colors – black, blue or purple.

Record of dismissal in the work book

Record your entries in the “Work Information” section like this (sample below):

• column 1 - serial number of the entry;
• Column 2 - date of dismissal - this is the employee’s last day of work. What if, for example, an employee took a vacation and was subsequently fired? Then the last day of his vacation will be the date of dismissal.
• Column 3 - reason for dismissal. Make a link to the paragraph, part of the article of the Labor Code of the Russian Federation;
• Column 4 - date and number of the document on the basis of which the dismissal was recorded.

Responsibility for failure to make entries in the work book

For untimely entry into the dismissal book in 2019, administrative liability is provided (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). The fine ranges from 30,000 to 50,000 rubles.

And the employee responsible for maintaining the books can also be brought to disciplinary liability (parts 1 and 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation, article 192 of the Labor Code of the Russian Federation).

What entry needs to be made in work book upon dismissal of an employee at his own request different situations? Which articles of the law should be referred to? In our articles, we will tell you how the employer can correctly fill out the work book of a dismissed employee, and the employee can check that the entry was made correctly.

Entry into the work book, despite the gradual de facto exclusion of this document from circulation in labor relations, today still has great importance and leaves behind many questions. For example, questions often arise about what entry to make in the work book in accordance with the norms of current legislation. In this article, we will tell you about all the legal intricacies of filling out a work book when terminating an employment contract at the initiative of an employee.

When an employee is dismissed, an entry in the work book is made solely on the basis of a document drawn up in accordance with the T-8 form, signed by the head of the organization or an authorized person, as well as with a note indicating familiarization with the order of the dismissed employee.

Entries on the basis and reasons for termination of the employment contract must be made in accordance with the wording of the Labor Code of the Russian Federation, referring to the relevant articles, parts and paragraphs of the document - this rule is established by Article 84.1 of the Labor Code of the Russian Federation.

Examples of entries in the work book when leaving at your own request

The Labor Code of the Russian Federation has been in force in the country for many years, however, many still make gross mistakes when filling out the work books of their employees. For example, when making an entry in the work book, some provide a link to Article 80 of the Labor Code of the Russian Federation, which does not serve as a basis for dismissal, but only regulates the procedure for terminating an employment contract between an employer and an employee at the initiative of the latter. When making an entry in the work book at the initiative of the employee, personnel officers or managers must rely on the requirements of Article 84.1 of the Labor Code of the Russian Federation, in this case the entry will look like this: “The employment contract was terminated at the initiative of the employee, paragraph 3 of part 1 of Article 77 of the Labor Code of the Russian Federation.” The record also includes the actual date of dismissal, the number and date of the dismissal order, the position of the authorized person, his signature and the seal of the organization. The above entry is typical for regular situations of dismissal of employees, however, voluntary dismissal is often accompanied by reasons that, according to the law, may entail the provision of certain benefits and advantages. Therefore, even if in, as well as in the order, there is no complete information about the reasons for dismissal, they must be recorded in the work book, depending on the reason, the following entries are made:

• “The employment contract was terminated at the initiative of the employee in connection with the transfer of the husband to work in another area, clause 3, part 1, art. 77 of the Labor Code of the Russian Federation";
• “The employment contract was terminated by transfer at the request of the employee, clause 5, part 1, art. 77 of the Labor Code of the Russian Federation";
• “The employment contract was terminated due to the expiration of the employment contract, clause 2, part 1 of Art. 77 of the Labor Code of the Russian Federation";
• “The employment contract was terminated due to refusal to transfer to work in another area together with the employer, clause 9, part 1 of Art. 77 of the Labor Code of the Russian Federation";
• “The employment contract was terminated due to refusal of a job offer due to a change in the owner of the organization’s property, clause 6, part 1 of Art. 77 of the Labor Code of the Russian Federation";
• “The employment contract was terminated by agreement of the parties, clause 1, part 1 of Art. 77 Labor Code of the Russian Federation"
• “The employment contract was terminated at my own request due to enrollment in higher education. educational institution, clause 3, part 1 art. 77 of the Labor Code of the Russian Federation."

The official date of termination of the employment contract presupposes a full settlement between the employer and the employee and the obligatory delivery of a work book to him. In addition, the employer, upon application of the employee, is obliged to give him all Required documents, related to the work, duly certified. If an employee cannot receive a work book on the day of termination of the employment contract due to absence or refusal, the employer is obliged to send the employee a corresponding notice of the need to obtain it. From the moment such notification is sent, the employer is not responsible for the delay in issuing the work book.

The work book is still the main document for recording length of service and completing stages labor activity. It records information about hiring, promotion, changes in qualifications, gratitude and awards. One of the most important information characteristics placed in the work book are records of dismissal.

Basic rules for recording a dismissal

Entries in the work book about the end of the employment contract are made in strict accordance with labor legislation. General rules their conduct is documented in two fundamental regulatory guidelines:

1. In the Rules for maintaining and storing work books (Government Decree No. 225 of April 16, 2003).
2. In the Instructions for filling out work books (Resolution of the Ministry of Labor and Social Development No. 69 of October 10, 2003).

The reference to the reason for dismissal is of fundamental importance in the record. When indicating such a basis, no deviations from the letter of the law are allowed. Records must be compiled in strict accordance with the statement of grounds for dismissal contained in Art. 84.1 Labor Code of the Russian Federation.

The entry is made on the day of the change in the employee’s work activity. This regulation applies even more so to such a fundamentally important record for any worker as the recording of dismissal. The registration must be completed on the same day with the signature of the dismissal order. The only exception to this rule is the termination of an employment contract due to the death of an employee, when it is necessary to wait for the receipt of a death certificate.

Work books are strict reporting forms. Based on this fact, business guidelines have been drawn up that require strict adherence to the procedure for filling them out, recording and storing them. They are set out in the sixth section of the Rules, which requires the maintenance of two journals for their accounting:

1. A receipt and expenditure book, which records information on the acquisition and consumption of work books.
2. Book of movement of labor records, in which all data about the worker is entered: F.I. O., position held by staffing table, rank, category, time of hiring, stages of promotion, existing penalties, awards, time and reasons for dismissal.

In a large company, the HR department is in charge of processing and storing work books. But if a small organization or individual entrepreneur does not have such a service, then its function is performed by the responsible persons appointed by order for the enterprise or the individual entrepreneur himself (clause 45 of the Rules).

Features of recording records depending on the reason for dismissal

The main difficulty when recording a dismissal is recording its reason. IN real life There can be a lot of reasons for dismissal, from “they don’t get along” to “moving to another area.” The Labor Code contains a list on this subject with strictly defined wording set out in Art. 84.

Here are thirteen main reasons for dismissal:

1. By agreement of the parties.
2. Due to the expiration of the contract.
3. At the request of the worker himself.
4. At the initiative of the employer.
5. Due to transfer to another job.
6. When electing a team member to an elective position.
7. When an employee does not want to continue the employment relationship due to undesirable changes in working conditions or a change in the owner of the company.
8. Due to the employee’s reluctance to remain in an enterprise that has undergone reorganization with different conditions of labor relations, or when changing subordination.
9. For health reasons, when a member labor collective It becomes physically impossible to work in the same place, and the company does not have a position with easier conditions.
10. When an employee himself does not want to move to the position offered to him at the enterprise, which is accessible to him based on his physical characteristics.
11. Due to a change in the location of the company and the employee’s refusal to move to another region.
12. Due to the inability to continue the employment relationship for reasons beyond the control of both parties (call for military service, conviction by court verdict, death, etc.). Almost all of these situations are described in Art. 83 Labor Code of the Russian Federation.
13. Due to identified violations of a previously concluded agreement that can no longer be corrected.

As you can see, there are many reasons for dismissal. But there are even more formulations that need to be stated in strict accordance with the provisions of the Labor Code and indicating the specific clause of the article of the Labor Code of the Russian Federation, which is the basis for dismissal.

Resignation at your own request

This basis is used most often, as it is the most convenient for the employer in material and legal aspects.

There are two options for recording here:

1. “Dismissed at his own request”;
2. “The employment contract was terminated at the initiative of the employee.”

The first option follows the requirements of paragraph 5.2 of Instruction of the Ministry of Labor No. 69, and the second corresponds to the provisions of Art. 84.1 Labor Code of the Russian Federation. Both recording methods are quite correct and legally identical. After writing the grounds for dismissal, a link to paragraph 3 of Art. 77 Labor Code of the Russian Federation.

Currently, the legislator requires that the dismissal record be certified by the employee himself. To certify that he has read the record, he must simply sign below the signature of the HR employee or first write the word “acquainted” and sign. These options are constantly discussed by specialists who cannot come to a single solution.

The basis for voluntary dismissal is clause 3, part 1, art. 77 Labor Code of the Russian Federation

When resigning at their own request, employees often receive benefits established by law. The most common conditions for receiving such additional payments are:

• dismissal to care for a child under 14 years of age;
• dismissal when one of the spouses moves to work in a region far from the enterprise.

If special circumstances arise, in addition to the main record, this reason for dismissal is indicated (clause 5.6 of the Instructions of the Ministry of Labor).

Dismissal at the initiative of the employer

There are five grounds on which a worker is dismissed at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation):

1. Termination of the company's activities.
2. The emergence of a new owner of the company.
3. Team reduction.
4. Gross violations of discipline and labor protection.
5. Systematic neglect conscientious execution their work responsibilities.

Although the list of reasons for parting with an employee does not end there. Here you can also write “dismissed” or “employment contract terminated” in the third column of the book. Both options are correct and can be applied on the same legal basis.

Dismissal due to staff reduction is one of the most common cases of dismissal at the initiative of the employer.

Table: the most common formulations used for dismissal at the initiative of the employer

Dismissal due to health reasons

Dismissal due to deteriorating health is possible both at the request of the worker himself and at the initiative of the employer. The entry for dismissal caused at the request of the employee himself, in this case, is identical to the entry for dismissal at his own request.

True, there is one significant nuance here - if the manager is interested in the employee staying, he has the right to demand that he write about the reasons for his decision and ask him to document his level of health. Then, upon receipt of a medical report confirming the impossibility of further work, it is easier and more cost-effective for the enterprise to register the entry as voluntary dismissal.

But in case of dismissal at the initiative of the employer, depending on the specific situation, it is possible various ways recording is completed. In any case, the employer is first obliged to offer the employee a position that he can handle based on his physical condition. The employee must refuse the offered position in writing, and after that, on the basis of his disagreement with the employer’s position, he can be dismissed.

The record of dismissal for health reasons must indicate that the employee refused the position offered to him that was suitable for his level of health.

The entry will look like this:

The employment contract was terminated due to the employee’s refusal to transfer to another job, which he needed in connection with a medical report, clause 8 of part 1 of article 77 of the Labor Code of the Russian Federation.

But when the employer does not have a position that the employee could handle based on his physical capabilities, then the following entry is left in the work record:

The employment contract was terminated due to the employer’s lack of work required by the employee in accordance with the medical report, paragraph 8 of part 1 of article 77 of the Labor Code of the Russian Federation.

Dismissal due to transfer

The law provides two ways for transferring to another company (clause 5, article 77 of the Labor Code of the Russian Federation):

• at the request of the employee;
• at the initiative of the employer, but with the consent of the employee.

Depending on the variations of this basis, a suitable entry is made (clause 6.1 of the Instructions of the Ministry of Labor). Please note that when applying for a job at the company specified upon dismissal, it is also necessary to emphasize that we are talking about employment by transfer. However, the clarification that the transfer is carried out at the request of the employee or with his consent is not displayed in the record.

Dismissal due to transfer can be either at the request of the employee or at the initiative of the employer

Dismissal of an employee working under a temporary employment agreement

Hiring is formalized in a standard way, but upon dismissal, the entry in the work book is somewhat different. Here it looks like this:

Dismiss due to the expiration of the employment contract, clause 2 of part 1 of article 77 of the Labor contract of the Russian Federation.

Dismissal due to death

Death is recorded solely on the basis legal documents: death certificates or court orders declaring a missing person dead.

The order and record of dismissal here are not drawn up immediately, but on the basis of the received evidence or decision. The word “dismiss” cannot be used in the order or record, since only a living person can be fired. Instead you need to write:

Termination of an employment contract due to the death of an employee, clause 6, part 1 of article 83 of the Labor Code of the Russian Federation.

In this case, in the work book it is necessary to write about the termination of the employment contract, and not about dismissal

The work book is issued to one of the close relatives of the deceased or sent by registered mail. For personal issuance, a receipt is required from the recipient.

Certification of entries in the work book

The dismissal record is certified by two signatures and a seal. According to clause 10 of the Rules, records of dismissal are signed:

• the employer or employee responsible for maintaining work records;
• dismissed employee.

Typically, when the employer is individual entrepreneur, he himself certifies the record, since most often there is no special employee for this on the individual entrepreneur’s staff.

In a situation where an employee resigns from a more or less large company, the record theoretically has the right to be signed by its manager. In practice, the company issues an order that appoints someone responsible for maintaining work records. He signs the entry in the work book on full legal grounds. If such a situation arises that at the moment of dismissal such a responsible person is on vacation or on sick leave, then two options are possible:

• the entry is signed by the temporary performer appointed by the order;
• The signature is made by the head of the enterprise himself.

The signature is drawn up in accordance with GOST 6.30 (Unified system of organizational and administrative documents). It includes:

• job title of the signatory;
• the painting itself;
• FULL NAME.

At the same time, the position and full name The statements of the signatory must be written out in full without any abbreviations. For example, you cannot write “Individual Entrepreneur” instead of “individual entrepreneur”.

Below the signature of the responsible person is the signature of the dismissed employee. It is done in the same way as the previous signature, according to all the rules. It cannot be just an incomprehensible stroke of the pen.

And it is also not allowed for the employee’s signature to stand next to the signature of the responsible person. It should only fit below.

Before the employee’s signature, the entry “read” or “read the records” is placed in his own hand.

Signatures are certified by a seal. Previously, an entry in a work book could be certified with the seal of the organization or the seal of the personnel department. However, according to paragraph 35 of the order of Rostrud, since 2008, signatures can only be certified with the seal of the enterprise.

When establishing a seal impression, the following rules must be observed:

• the seal should not cover signatures and other lines, preventing them from being read;
• the imprint should lightly touch the record of the position of the dismissed employee;
• The print must be unsmeared and readable.

Correcting and replacing entries

Available by law established rules regulating changes in entries in work books.

Corrections to employee information

Changes in the name of the owner of the work book are made on the basis of information from documents proving his identity. They are placed on the title page by crossing out old lines and writing new entries next to the crossed out data. Previous data is crossed out with a thin solid line to make it readable. A record of the name of the document on the basis of which the personal data was changed is placed on the inner, empty cover page. The details of the document must be recorded. This entry is accompanied by the signature of the responsible employee or the signature of the employer. It is certified by the company seal. It is prohibited to affix the seal of the HR department.

When information about an employee changes, the old entry is neatly crossed out with one line, and the basis for the change is written on the back.

It should be especially emphasized that everything written in title page You can only change it and it is strictly forbidden to correct it. A book with an incorrectly filled out title page must be mandatory change as invalid and register a new one. The cost of its acquisition must be reimbursed by the employer himself, and the damaged copy must be destroyed.

Changes in employment information

All incorrect information may be corrected if certain conditions are met. These corrections are made at the company whose personnel officers made a mistake when filling out the entry, or at another production facility on the basis of documents sent from the first job. If the previous enterprise was reorganized, then its legal successor must provide the document. And if the old company is closed or the individual entrepreneur has closed his business, then the corrections are made by the new employer.

Unlike changes on the title page, entries about changed information about the work cannot be crossed out. To correct them, additional correct entries are made, indicating that the old entries should be considered invalid. Using a similar method, information about an erroneous dismissal is changed. Entries that indicate errors in old entries and enter their new edition are made below the last of the previous entries.

Entries about changes in job information are placed under the last entry in the work book with continuous numbering

Adjusting entries are made in the following order:

• the first column contains the serial number of the entry;
• the second column records the date of the new entry;
• the phrase “The entry numbered “n” is considered invalid” is entered in the third column and the correct entry is made below it;
• in the fourth column the date and number of the order are entered, in accordance with which the new entry is made.

An entry recognizing the old dismissal record as invalid and a reference to the order for reinstatement at the previous company is carried out in the same way:

• in column three the phrase “Record number “n” is invalid, reinstated at previous job”;
• Column four includes the number and date of the order for reinstatement.

Storage conditions for books

The storage procedure is regulated by clause 45 of the “Rules for maintaining and storing work books.” The employer is legally responsible for the safety of these valuable documents. If an individual businessman is considered the employer, then all responsibility falls on his shoulders. The person responsible for storage in the organization is appointed by the head of this enterprise by his order. In a small company, this position is occupied by an accountant, and in a reputable company, this position is occupied by an employee of the personnel department.

Work books, being strict reporting forms, are required by law to be stored in safes or durable fireproof metal boxes. Every month, the person responsible for their storage is required to draw up a report on available copies, as well as provide data on the purchase of new forms. If there are incorrectly compiled books that are subject to write-off, then an act of their destruction is attached to the report.

The accounting is recorded in a journal called the “Book of Accounting for the Movement of Labor Books.”

Issuance of a work book in person is possible only:

• to an employee upon dismissal;
• relative of the deceased employee.

The dismissed employee is given a work book exactly on the day of the dismissal order. If the worker fails to appear for any reason to receive it, he is sent a notification by mail about the need to pick up his book. The enterprise or entrepreneur is relieved of any responsibility for the delay in issuing the work book from the date of sending the notification.

Unclaimed work books are kept by the company for 75 years. The same storage period is provided for the “Book of records of the movement of labor books.”

For all other reasons, except death and dismissal, certified copies or extracts are issued at the employee's request.

True, according to changes in the Rules for maintaining and storing books from 01.01. 2015, it is allowed to issue a book to an employee upon his written application for three days to contact the authority social insurance. The employee can leave the book with the social insurance authority, but must return it within three days after receiving from this authority.

The procedure for recording dismissal in the work book is regulated by legislative documents and must be strictly observed. Correct formatting of this record guarantees the absence of errors and avoids the creation conflict situations between employer and employee.

Leaving a job “on your own” is the most common reason for dismissal. There are two interesting points here:

1. Very often there are situations when an employee is simply forced to write a statement of his own free will, so as not to have any legal proceedings in the future.
2. Cases of “wrongful dismissal” are common.

We will examine the first point in more detail later. As for the second, the main reason lies in the incorrect application of some norms of the Labor Code.

"Correct" article

Despite the basic basic principles of legal acts, namely “absolute clarity in wording,” misunderstandings very often arise. Under what article should dismissal be made? Clause 3 art. 77 or art. 80 Labor Code of the Russian Federation?

But in fact there is no problem in understanding here. One is considered procedural (how to legally change jobs correctly), and clause 3 of Art. 77 of the Labor Code of the Russian Federation - normative, i.e. indicates the fact itself.

Almost everyone knows that you need to work for 2 weeks before leaving the organization. Let me immediately explain one very important nuance.

Dismissal (clause 3 of Article 77 of the Labor Code of the Russian Federation) does not provide for any work.

You just need to notify the employer no later than this period. Of course, during this period you will have to perform your functions at the enterprise. Hence the erroneous opinion. But let us clarify that compulsory work for half a month is optional.

You can go on sick leave or vacation, warning your employer about future dismissal. In this case, there can be no processing.

Clause 3 art. 77 Labor Code of the Russian Federation: entry in the work book

The most common mistake is incorrect entry. Very often, clerks incorrectly indicate the article in the work book. After this, many former employees face a problem during new employment or when applying for a pension. Clerks put the mark “dismissed on the basis of Art. 80 Labor Code of the Russian Federation."

But the legislation does not provide for the termination of obligations on the basis of this article. It is important to see the order to terminate the contract. If it is based on the same article, then legally the employee is not fired, because legal procedure was not followed.

Hence the problem for the former employee: on new position they may not take him. You must definitely contact former organization for correction. The document must contain the following entry: clause 3, part 1, art. 77 of the Labor Code of the Russian Federation (termination of an employment contract at the initiative of the employee).

But let's move on to another common mistake.

Clause 3 art. 77 Labor Code of the Russian Federation: entry into the labor record. Writing sample

Clerks and directors often face a similar problem. The article seems to be indicated accurately, but the entry is still invalid. The fact is that the wording is as follows: “P. 3 tbsp. 77, dismissal of one’s own free will.”

But according to the rules for filling out the entry must fully comply with the norms of the Labor Code of the Russian Federation.

Therefore, the writing sample will look like this: “Dismissed under clause 3 of Art. 77 of the Labor Code of the Russian Federation - termination of an employment contract at the initiative of the employee.”

The record is radically modified, although the underlying reason remains the same.

Consent of the parties: what is the difference?

There are situations when an employee is forced to write at his own request. The reasons, of course, are purely individual. The new director is selecting personnel, the employee is no longer happy, there is a reorganization, pregnant women are often forced to do this, etc. The Labor Code has two paragraphs of Article 77, which seem equivalent to ordinary citizens:

• By agreement.
• At your own request.

Many professional lawyers involved in labor disputes know that termination of a contract in the second case can be challenged in court. It is enough to provide arguments and prove that the employee was subjected to psychological influence by the administration of the enterprise. Consequently, the termination order will be canceled in court, and the employee will be reinstated with all rights.

Clause 1 art. 77 of the Labor Code of the Russian Federation does not provide for such a loophole. It just follows from the fact that the employee and the employer have any conflicts and disagreements.

Usually, former employee any “compensation” funds are paid in order to terminate the employment relationship peacefully and without consequences for both parties. In court, all arguments will be useless. It is almost impossible to recover.

How to resign correctly

To do this, you must notify the employer 2 weeks in advance. If the relationship is trusting, then this can be done orally. But in the event of a conflict, it will be difficult to prove this in court later. Therefore, to avoid misunderstandings, statements should be written.

Writing sample

No special requirements or special legal education required. You can write the following to the manager: “In accordance with Art. 80 of the Labor Code of the Russian Federation, I ask you to dismiss me from my position.”

Below is the number and signature. From the day the manager or other authorized official receives this application, the two-week period will begin to count.

Everyone should know this

It is important to know two very important things:

• It is not necessary to indicate regulations when writing such a statement.
• No one has the right to prohibit someone from resigning of their own free will.

They don't sign the application. What to do?

It’s a fairly common practice when a person wants to change a company for one reason or another, but they start putting spokes in his wheels: “there’s no director in place,” “let’s do it, I’ll sign it later,” etc. And after a while they refuse with the wording “there is no one to work”, “I do not agree to your dismissal”. Some are so dishonest that you can hear the answer “I didn’t see your application” and so on.

To avoid these or other problems, it is enough to follow one of two scenarios:

1. Write a written application and register it with the secretary or other authorized person.
2. Send a registered letter.

The first option will be faster, because... the two-week period will begin the day after registration. The employer will not be able to later claim that he “did not see and did not know.” The duty of the secretary or other authorized person to notify the authorities as soon as possible.

With the option of sending through the Russian Post service, everything will take a little longer. The two-week period will begin on the day the employer receives the letter, not on the date it is sent. When the application has reached the addressee, it will be indicated in the notification, which means the employee will know the exact date receiving.

After this, the director will have to release the employee. Clause 3 art. 77 of the Labor Code of the Russian Federation obliges us to do this.

If you change your mind, what should you do?

Such cases are also not uncommon. The reasons can be different: there was no agreement on a new place of work, the director realized that the employee really wanted to leave, and improved working conditions and much more.

To cancel an application that has already been submitted, you must write and also officially register a new one in accordance with all the rules. No matter how good the relationship between him and the employer may seem to the employee, it is important to know the main rule: the application for refusal of dismissal must be submitted officially, i.e. in writing through a secretary or by mail.

What is it for?

There are often cases when the employer is not against such dismissal. But he had no reason to do it himself. And then the employee himself brings such a letter of resignation under clause 3 of Art. 77 Labor Code of the Russian Federation.

Then after some time the employee announces that he has changed his mind. The director, knowing the legislation, says with joy on his face that “I understand everything, continue working.”

After a two-week period from the date of writing, the application is issued in accordance with clause 3 of Article 77 of the Labor Code of the Russian Federation - at one’s own request.

There is no use going to court. Legally, the director did everything correctly. One of the principles of law was at work here: “Most moral principles become legal norms, but not all.”

When refusing, there is one very important nuance. If from the moment of submission to his refusal a written invitation was sent to another person to accept this position, then it will no longer be possible to cancel it.

Here the law will be on the side of the future employee, i.e. someone who has already been invited. Because Now no one has the right to refuse him employment.

Therefore, it is necessary to weigh everything carefully before writing a letter of resignation. There are times when there is no way back.

Where to defend labor rights

If during the dismissal procedure or in any other case that arose during the employment relationship, your rights were violated, then you need to defend them in one of the following ways:

• Contacting the Labor Rights Protection Inspectorate.
• Statement of claim to court.
• Contacting the prosecutor's office.

A citizen of the Russian Federation whose rights have been violated may appeal simultaneously to all competent authorities. Administrative punishment is provided for the guilty person. But the citizen himself does not have the right to initiate such a case through the court. This can only be done by either the prosecutor's office or the labor inspectorate. To do this, you need to send a complaint to these structures.

In parallel, the employee has the right to file a lawsuit in order to receive compensation for moral damage or any other payment from the employer, if provided by law, because administrative sanctions do not provide for this. All fines issued by the prosecutor's office will go to the state. Therefore, it is better to contact the regulatory authorities in order to bring the offender to justice and go to court for moral or other payments.

Cases exempt from service

IN Labor Code there are reasons that allow an employee to leave earlier than the deadline at 14 calendar days. Let's say right away that the report begins the next day after the relevant notification is submitted.

These include:

• Employee training.
• Mutual agreement.
• Violation of labor rights.
• Other.

The first two are more or less clear. 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 the average monthly income and exact amount 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. From the moment the medical certificate is provided, the accounting department recalculates within 10 days and pays it on payday at the enterprises.

If the employee is not on site on the day of payment (business trip, vacation, sick leave), then all payments must be made no later than one day after his request.