Labor Code of the Russian Federation, Article 80. Dismissal at will - registration rules and controversial situations

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

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. 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 before the expiration of the notice period for dismissal.

In cases where an employee’s application for dismissal on his initiative (by at will) due to the impossibility of continuing his work (enrollment in educational organization, retirement and other cases), as well as in cases of established violation by the employer labor legislation and other regulatory legal acts containing norms labor law, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws the conclusion of an employment contract cannot be refused.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to give the employee work book, 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

Employment contract- urgent or with an indefinite period of validity - 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,).

Dismissal of an employee at his own request before the expiration of the notice period is possible both by agreement of the parties and if there is good reasons(retirement, admission to study, etc.), as well as in cases of established violation by the employer of the labor rights of employees (see clause 22 of the Russian Federation PPVS dated March 17, 2004 No. 2).

If an employee withdraws an 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).

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).

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.

Article 80 of the Labor Code of the Russian Federation, like all other articles of Chapter 13, are relatively special - they regulate the features of each method of termination labor relations. Article 80 regulates the termination of an employment contract at the initiative of the employee (at his own request).

Most often, employers are faced with the following problems of these articles - if Article 80 is special regarding, then how is it necessary to dismiss an employee, what article should be indicated in the work book?

According to Government Decree No. 225 of April 16, 2003, it is established that when employees are dismissed for reasons provided for in Art. 77, an entry is made in the work book with reference to the corresponding paragraph of this article. The exceptions are clause 4 (termination of the contract at the initiative of management) and clause 10 (conditions independent of the wishes of the parties), in such a case a mark is placed with reference to the relevant article of legislation.

So, when dismissing an employee at his own request, it is indicated.

Second commentary on Article 80 of the Labor Code

1. Article 80 of the Labor Code of the Russian Federation gives the employee the right, on his own initiative, to terminate an employment contract at any time by notifying the employer in writing no later than two weeks in advance, unless the Labor Code of the Russian Federation 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 of the employee who has submitted a notice of resignation of his own free will, with the employer can be terminated even before the expiration of the notice of dismissal.

3. In cases where the employee’s resignation 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 if the employer violates the employee’s labor rights, the 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 to whom is invited in his place in writing from another organization. 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 Supreme Court 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 employment 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 informed about this.

6. If the employee left work before the expiration of the notice period and without an order to early dismissal, the employer can classify this as absenteeism without good reason and fire such an employee for absenteeism (see).

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 of the Russian Federation, if there is no written statement from the employee about this.

7. After the notice period has expired, if the employer does not dismiss the employee for some reason (which is often the case in practice), the latter can leave the job. The employer is obliged to issue him a work book and make payments to him. Otherwise, according to , the employee is paid the earnings he did not receive during his illegal deprivation of the 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 their term of service cannot be dismissed at their own request without permission in writing from the criminal correctional inspection (

According to statistics, leaving at will (Article 77 of the Labor Code of the Russian Federation) is the most common type of termination of cooperation. Employees choose this option because there is no need to write down the actual reason for leaving the organization. And employers welcome: there is no need to carry out a complex procedure for terminating a contract, paying additional compensation, or looking for valid reasons for terminating the agreement.

According to the Labor Code, to terminate an employment contract on your own initiative you must:

• To write an application. There is no strict form, follow general rules. You can ask for a sample at .
• Submit the document personally to the manager or through personnel officers. You can send a valuable letter with an inventory by mail.
• Work for 2 weeks. You can leave without work if:
  1. Mutual consent of the parties.
  2. Enrollment in a university for full-time study.
  3. Retirement.
  4. Moving to a new place military service spouse.
• Familiarize with an order, get in hand, work book and calculation.

The legislation provides for the possibility of going on vacation with subsequent termination of cooperation.

Dismissal of an employee at his own request

Upon termination of a TD, the employer takes the following measures:

• Registration of application. Accept the document from the employee, check the correctness of its preparation, endorse it and determine the working period of 2 weeks, unless otherwise provided by law.
• Order of dismissal. After complying with the formalities associated with mandatory service, the personnel officer is required to make an order (Form T-8 or T-8a). On the day of departure, the employee is presented with a document against signature; at his request, the manager is obliged to issue a certified copy.
• Certificate of income for the last 2 years. Received from the accounting department (in accordance with the norms of Order of the Ministry of Labor No. 182n). If one has not been issued, the employee has the right to request it at any time. Law No. 255-FZ of December 29, 2006 allows 3 working days to issue a certificate. The drafting rules are regulated by FSS letters No. 25-0314/12-7942 and No. 15-02-01/12-5174l.
• Certificate of contributions to the Pension Fund. According to Law No. 27-FZ of April 1, 1996, the accounting department is obliged to prepare a document containing information about all deductions and information intended pension fund. Depending on the place of presentation, the certificate is issued in the form SZV-M or RSV-1 PFR.
• Recording data in(Form No. T-2). In the column “Grounds for termination of TD” write “Employee’s initiative”, in the line “Date” indicate the last day of work, enter information about the order. The data is endorsed by the personnel officer and the person leaving.
• Note-calculation. On the day of care is drawn up internal document according to form No. T-61. The front side contains information about the employee and the termination of the TD. On the reverse side, the accounting department calculates the amounts due.
• Calculation. According to Art. 84.1 and 140 of the Labor Code, on the last day the employee is paid wages for time worked, bonuses and other payments due.
• Recording dismissal in labor records. The personnel officer is required to fill out the experience book in accordance with the requirements of Part 5 of Art. 84.1 of the Labor Code, certify the entry with the signature of a specialist from the HR department, the employee himself, and seal it with a wet seal. Then on receipt.

During dismissal, an employee may request other documentation in writing, for example, a copy of the order for enrollment, etc. The employer is obliged to issue the required duplicates, duly executed.

Application deadlines

The procedure for dismissal at the request of an employee (Article 77 of the Labor Code of the Russian Federation) requires filing an application 2 weeks before leaving. If, the paper is sent 3 days before the date of termination of cooperation. But the heads of organizations are required to notify higher management and the HR department at least a month before the termination of the TD.

The employer does not have the right to increase the working period, but there are cases when they can be reduced:

• the employee goes on vacation, after which he immediately quits. The application is submitted on the last day actually worked, and that’s all personnel documents issued on the same date;
• by mutual agreement of the parties;
• an employee has been found to fill the position of the person leaving;
• Violations of discipline, Labor Code norms or local regulations have been committed.

Part 4 art. 80 of the Labor Code provides for the opportunity to withdraw an application for dismissal during the period of service.

Which article of the Labor Code should I refer to when applying - 77 or 80

Representatives of Rostrud gave a comprehensive answer:

• Clause 15 of the “Rules for maintaining and storing work books” states: “when the validity of a trade union is terminated at the initiative of the employee, Art. 77 with the corresponding paragraph."
• The instructions that are followed when filling out labor documents also prescribe a reference to Article 77 indicating the paragraph.

Based on the norms of the law, the correct entry should look like: “Dismissed at my own request, clause 3, part 1, article 77 of the Labor Code of the Russian Federation,” which can also be supplemented with the reason for the calculation - in connection with relocation, study. The indication of Article 80 makes information about the termination of TD invalid.

Record of dismissal in labor

What difficulties may arise

Despite the fact that cessation of activities in an organization at one’s own request is a simple procedure from the point of view of the law, practice shows that difficulties often arise. Let's look at the most common ones and find a solution:

• The employer refuses to accept the application. Send the document by mail with an inventory and notification.
• The employee submitted an application and did not show up for work. This is considered absenteeism and.
• The manager forces the employee to resign at will. Go to court, this is a violation of Art. 391, 394 and 395 TK.
• The dismissal was issued on a date earlier than the established deadline. Challenge the action in the courts.

Many do not defend their rights in court for fear of high costs. According to Article 393 of the Labor Code, all costs of conducting a case are paid by the employer if the court finds the manager’s actions illegal. The employee will be reinstated and compensated.

There are also nuances to the withdrawal of an application. The employer has the right to refuse recall if an employee who is being transferred to work from another institution has already been found to fill the dismissing position.

If you apply for a vacation and then plan to resign, remember that you can withdraw your letter of resignation only before the start of the vacation (Article 127 of the Labor Code).

Conclusion

The Constitution guarantees the right to work, and the Labor Code enshrines the right of an employee to resign at his own request without giving reasons. To terminate labor activity It is enough to correctly draw up the application and comply with the formalities provided for by law.

For the employer, this form of TD termination is not burdensome: there is no need to collect evidence of the employee’s non-compliance or draw up internal documentation about absenteeism or disciplinary violations, using special procedure dismissals.

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 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 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.

Publications on the topic

• Application for resignation at own request (sample)
• Termination of an employment contract at the initiative of the employee
• Dismissal at will in 2020, procedure and nuances

Article 80 of the Labor Code of the Russian Federation talks about the procedure for terminating an employment contract at the initiative of the employee. In accordance with Article 80 of the Labor Code of the Russian Federation, an employee is obliged to notify the employer of his dismissal at least two weeks in advance, after which he has the right to stop working and receive a work book and full payment. The text of Article 80 of the Labor Code of the Russian Federation also stipulates cases of termination of an employment contract before the expiration of the notice period for dismissal, in particular, in cases of retirement, enrollment in an educational organization, or violation of labor legislation by the employer.

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Question

I got a job at the company 2 weeks ago. When hiring, a probationary period of 3 months was stipulated. Throughout my time with the company, I was also reminded of the probationary period every day. I don't like the job at all. They didn’t give me an employment contract. I would like to quit as soon as possible. Do I have to work a 2-week period after writing a letter of resignation?

Lawyer's answer:

In accordance with current legislation, if during the period probationary period the employee decides that work performed does not suit him, then he has the right to terminate the employment contract at his own request. Moreover, in accordance with Article 71 of the Labor Code of the Russian Federation, he is obliged to notify the employer of his decision 3 days in advance. However, it is necessary to take into account that the text of the employment contract you signed may not contain a clause establishing a probationary period for you. In this case, the law (Article 80 of the Labor Code of the Russian Federation) provides for the employee’s obligation to notify the employer of his desire to quit 2 weeks in advance. Thus, it is advisable to first study the terms of the employment contract signed by you. You can request it from the company management by writing a statement and referring to Article 62 of the Labor Code of the Russian Federation.

Question

An employee of the enterprise, acting under duress from the employer, completed and handed over to the employer a letter of resignation of his own free will with the date of dismissal coinciding with the day the letter was written. However, neither that day nor a week later the dismissal took place. Does the resignation letter become invalid in such a situation?

Lawyer's answer:

No, he doesn’t lose it. According to Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate an employment contract, subject to written warning to the employer no later than 2 weeks in advance. During these two weeks, the employee can cancel his resignation at any time.

Question

The company is being liquidated. Employees are required to write resignation letters of their own free will. How to proceed?

Lawyer's answer:

For employees the most profitable option termination of employment contracts due to the liquidation of the company should be recognized. This option involves making compensation payments (Article 178 of the Labor Code of the Russian Federation). If voluntary resignation letters have already been written, there is no need to worry. According to Art. 80 of the Labor Code of the Russian Federation, before the expiration of the notice of dismissal, employees have the right to withdraw their applications at any time. Termination of contracts in this case is not carried out (except for cases where other employees have already been invited in writing to take the place of employees and who cannot be refused to sign an employment contract). Therefore, as soon as possible, you should withdraw your resignation letter of your own free will by sending your employer valuable letters with descriptions of the contents and notifications of delivery.

Question

The manager rudely humiliated the employee and forced her to write a letter of resignation of her own free will. In reality, the employee does not want to quit. Can an employee be fired if she is not in maternity leave, and the child is not yet 3 years old?

Lawyer's answer:

Termination of employment contracts with women with children under 3 years of age, in accordance with Part 4 of Art. 261 of the Labor Code of the Russian Federation, at the initiative of the employer is unacceptable. An exception should be considered dismissal in accordance with paragraphs 1, 5 - 8, 10, 11 of Art. 81 of the Labor Code of the Russian Federation or clause 2 of Art. 336 Labor Code of the Russian Federation. If there is evidence that the employee was forced to write a letter of resignation of her own free will, an effective form of defense would be to contact the prosecutor’s office or the State Tax Inspectorate.

Article 80 of the Labor Code of the Russian Federation speaks about this possibility.

When a person enters into an employment relationship with a company, he first of all strives to carry out his professional activities in order to receive a constant cash income. This allows him to improve the quality of his life and gain material benefits for performing his functional duties.

However, it is not uncommon for some to resign at their own request. This happens for the following reason. The whole point is that everyone performs their duties under certain conditions. These include:

• working day routine;
• amount of monetary reward;
• breaks for meals and rest;
• surcharges and allowances;
• provision of special clothing and tools.

Often, already in the process of performing their functions, they may not suit the person, or the employer may not fulfill part of the agreements. This leads to voluntary dismissal.

Basic information on this issue is contained in Article 80 of the Labor Code of the Russian Federation.

Article 80 labor code The Russian Federation with comments is very informative. It specifies all the conditions for terminating an employment relationship at the personal request of a person.

Each part touches very important points following procedure:

• Part 1 – opportunity to interrupt activities;
• Part 2 – early termination relationships;
• Part 3 of Article 80 – cases when the date of departure is determined by the employee himself;
• Part 4 – a person’s ability to cancel his appeal;
• Part 5 – the employer’s obligation to issue personal labor document resigning employee and final financial settlement;
• Part 6 – cases of continuation of activities in the organization.

Of course, Article 80 of the Labor Code of the Russian Federation is not the only one that concerns the termination professional activity. The current norms and regulations of the Russian Federation have a huge mass of articles and clauses that regulate situations when people...

However, those resigning should, first of all, carefully study the content of Article 80 and the comments to it. Art. 80 of the Labor Code of the Russian Federation is fundamental in resolving such a serious issue. The personal employment document will indicate that the employee resigned under Article 80.

When a person resigns, in most cases he does not even imagine the range of his possibilities when resigning of his own free will.

And in case. If the specified article of the Labor Code is studied in detail, the initiator will know for sure:

• what other articles mention;
• How does voluntary dismissal occur according to the Labor Code?

And when a person is fired, he will be able to apply for the restoration of his capabilities if they are violated or limited.

As stated above, any person has the opportunity to terminate their employment relationship with their employer at any time. This possibility is defined and established by the current rules and regulations.

In this case, it is the sole right that is meant. Any initiator of termination of his activities in the organization is not obliged to coordinate his intention with the employer. Such an initiative can be implemented by a person at any time, at his request. It absolutely does not matter how long the period of work in the organization was.

It is worth noting that sometimes problems may arise when leaving an organization. The employer may or may not transfer the final settlement amount.

However, as shows arbitrage practice, such moments are extremely unfavorable for the company.

Notice period for dismissal

According to current rules, the initiator of leaving must inform his employer of his intention.

There is a time period for this action. It is fourteen calendar days from the date of transmission of the relevant petition to the head.

A fairly long period is defined for one purpose. During this time, the parties to the relationship should have the opportunity to prepare. The employee is obliged to fulfill all orders and instructions given to him, and the head of the organization, in turn, is obliged to prepare all the necessary papers and calculate the final sum of money, which an individual receives when leaving.

During this time, it is possible to conduct a detailed analysis of the employee’s professional activity and find out whether any harm was caused. In this case, the resigning employee will be required to compensate it.

In principle, the termination of the relationship can take place before the specified period has expired. This happens by mutual agreement between the outgoing employee and the head of the organization.

Application form

The current regulations define the requirements for drawing up a motion to terminate.

First of all, it is worth noting that such paper is drawn up in writing and in your own hand. Its compilation begins with the design of the text header. It contains the name of the organization where the person works, its location, as well as information about the head of the company who will consider the appeal.

The next item will be information about the initiator of the petition. This is followed by the text of the paper, which should contain information about the intention of the initiator and the date of leaving work. The date of compilation and the personal signature of the compiler are indicated under the text of the appeal.

After drawing up the paper, it is submitted to the manager for review. The latter must make a decision, which is reflected in the visa imposed on the text. The request is then registered and forwarded for further execution to the company’s HR and financial specialists.

Is it possible to withdraw an application?

Often, a person, expressing his intention to leave an organization, is guided by emotions. Not logic and common sense. After some time, he begins to regret the hasty decision and wants to stay in the company.

For such situations, the current rules and regulations provide a way out.

The thing is that at any time, while a person is still officially an employee of the company, he can submit a petition and cancel his previous application.

The rules do not clearly define in what form such an appeal should be expressed, but in practice, most often this must be done in writing.

This happens as follows:

• the initiator draws up the necessary paper;
• submits it to the manager for approval;
• he reviews it and instructs the relevant specialists to cancel the previous appeal;
• they, in turn, make a corresponding note on the resignation letter and on the registration list.

It is worth paying attention to the fact that this will be possible if the person has not yet been fired. If he leaves, he will have to get a job again, on a general basis.

There are certain restrictions on the ability to cancel your application. will be impossible if the vacated workplace was promised to another applicant. The following factors are required:

• such an applicant must be informed in writing about the possibility of being accepted into the organization;
• existing regulations should prohibit refusal of such a person.

Preparation of documents upon dismissal

After the application for resignation has been received, reviewed and endorsed, the employer will be required to complete the necessary paperwork.

In his appeal, the initiator explained that he approached the company’s management at his personal request. During the entire wait, his request was not granted. He was not given a personal work document and his salary was not transferred. He contacted the state budget inspectorate, on whose initiative the money was nevertheless paid, however, no corresponding order was issued to terminate the relationship, and the initiator did not receive the employment document. Due to this, he was unable to find a job and was forced to take absenteeism.

The company representative did not appear for the proceedings and did not express any objections to the appeal. In this regard, the consideration took place without the participation of the latter.

During the trial, all the initiator's arguments were confirmed. According to the conclusion of the court, the person was paid compensation for forced absenteeism and was given a personal work document.