Labor Code of the Russian Federation Article 80 Working. Dismissal at your own request - the rules of registration and controversial situations. Development - species and deadline for dismissal warning

The worker has the right to terminate the employment contract, warning about this employer in writing no later than two weeks, unless otherwise established by this Code or other federal law. The course of the specified period begins the day after receiving the employer of the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated before the expiration of the prevention of dismissal.

In cases where the statement of the employee on dismissal on his initiative (at wish) is due to the inability to continue their work (enrollment in the 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, conditions 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 statement.

Before the expiration of the warning about the dismissal, the employee has the right to withdraw his statement at any time. Dismissal in this case is not carried out if another employee is not invited to his place in writing, who, in accordance with this Code and other federal laws, cannot be denied the conclusion of an employment contract.

After the expiration of the warning about the dismissal, the employee has the right to stop work. On the last day of work, the employer is obliged to issue an employee a labor book or provide information on labor activities (Article 66.1 of this Code) from this employer, to issue other documents related to the work on the written statement of the employee and to make a final calculation with it.

If, after the expiration of the warning about the dismissal, the employment contract was not terminated and the employee does not insist on dismissal, the work of the employment contract continues.

Publications on the topic

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In Article 80, the Labor Code of the Russian Federation refers to the procedure for termination of the employment contract on the initiative of the employee. In accordance with Article 80 of the Labor Code of Russia, the employee is obliged to prevent the employer about his dismissal without me than in two weeks, after which it has the right to stop working and get a labor book and full calculation. In the text of Article 80 of the Labor Code of the Russian Federation, there are also cases of termination of the employment contract before the expiration of the prevention of dismissal, in particular, in cases of retirement, enrollment in the educational organization or violation by the employer of labor legislation.

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Question

I got a job in a company 2 weeks ago. When taking a job, a test 3-month term was stipulated. Throughout the time of work in the company, I was also reminded of a probationary period every day. Work does not like categorically. The employment contract for my hands was not given. I would like to quit sooner. Should I work out a 2-week period after writing an application for dismissal?

Lawyer's answer:

In accordance with the current legislation, if the employee decides during the period of the test period that the executable work is not suitable for him, he has the right to terminate the employment contract at his own request. At the same time, in accordance with Article 71 of the Labor Code of the Russian Federation, he must prevent the employer's decision for 3 days. However, it is necessary to take into account that in the text of the employment contract you signed may be missing a item about establishing a test term. In this case, the law (Article 80 of the Labor Code of the Russian Federation) provides for the obligation of the employee to warn the employer about the desire to quit in 2 weeks. Thus, it is advisable to pre-explore the conditions of the employment contract signed by you. It is possible to refer to him from the company's 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 coercion by the employer, issued and referred to the employer a statement about the dismissal at his own desire with the date of dismissal coinciding on the day of writing the application. However, neither on this day, after a week dismissal did not take place. Does it loss in such a situation a statement about dismissal force?

Lawyer's answer:

No, does not lose. According to Art. 80 TC RF employee has the right to terminate the employment contract subject to the written warning of the employer no later than in 2 weeks. During these two weeks, the employee may cancel his dismissal application at any time.

Question

The company is liquidated. Workers require writing statements about dismissal at their own request. How to proceed?

Lawyer's answer:

For employees, the most profitable option should recognize the termination of employment contracts due to the liquidation of the company. This option implies the implementation of compensation payments (Art. 178 of the Labor Code of the Russian Federation). If the statements about the dismissal at their own will not be written, it should not worry. According to Art. 80 TK RF before the moment of warning about the dismissal, employees have the right to recall their statements at any time. The termination of contracts in this case is not fulfilled (except when other employees have already been invited to the place of workers in writing, which cannot be denied an employment contract). Therefore, as soon as possible, you should withdraw the declarations of dismissal at your own request, sending valuable letters to the employer with the extensions and notifications about the presentation.

Question

The head rudely humiliated a worker and forced her to write a statement about dismissal at his own request. In fact, the employee dismissed does not seek. Can a female worker be fired if it is not on maternity leave, and the child has not reached the age of 3 years?

Lawyer's answer:

Termination of labor contracts with women with children under 3 years of age, according to part 4 of Art. 261 TK RF, on the initiative of the employer is unacceptable. Exception should be recognized by dismissal in accordance with paragraph 1, 5 - 8, 10, 11 of Art. 81 TK RF or paragraph 2 of Art. 336 TK RF. If there is evidence that the employee was forced to write a statement about dismissal on their own, an effective form of protection will be the appeal to the prosecutor's office or GIT.

Labor Code of the Russian Federation:

Article 80 of the Labor Code of the Russian Federation. Termination of the employment contract on the initiative of the employee (at esquisite)

The worker has the right to terminate the employment contract, warning about this employer in writing no later than two weeks, unless otherwise established by this Code or other federal law. The course of the specified period begins the day after receiving the employer of the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated before the expiration of the prevention of dismissal.

In cases where the statement of the employee on dismissal on his initiative (at wish) is due to the inability to continue their work (enrollment in the 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, conditions 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 statement.

Before the expiration of the warning about the dismissal, the employee has the right to withdraw his statement at any time. Dismissal in this case is not carried out if another employee is not invited to his place in writing, who, in accordance with this Code and other federal laws, cannot be denied the conclusion of an employment contract.

After the expiration of the warning about the dismissal, the employee has the right to stop work. On the last day of work, the employer is obliged to issue an employee to the employment record or provide information on labor activities (this Code) in this employer, to issue other documents related to the work, on the written statement of the employee and make a final calculation with it.

If, after the expiration of the warning about the dismissal, the employment contract was not terminated and the employee does not insist on dismissal, the work of the employment contract continues.

Return to the category of document: Labor Code of the Russian Federation in the current edition

Comments on Article 80 of the Labor Code of the Russian Federation, judicial practice of application

Article 80 of the Labor Code of the Russian Federation establishes a common (single) procedure and conditions of termination on the initiative of the employee of both an urgent employment contract and the employment contract concluded for an indefinite period. Employee's right to terminate the employment contract before its expiration on its own initiative is not related to the presence of good reasons. The employee is entitled to terminate any employment contract at any time. He is obliged only to warn about this employer in writing no later than for two weeks.

Other deadlines for dismissal employer

The employee has the right to terminate the employment contract, warning about this employer in writing no later than two weeks. The following norms of the Labor Code of the Russian Federation have established a different period of dismissal warning:

• . Test result when taking. If during the testing period, the employee will come to the conclusion that the work proposed for him is not suitable for him, he has the right to terminate the employment contract on his own request, warning about this employer in writing three days.
• . Early termination of the employment contract on the initiative of the head of the organization. The head of the Organization has the right to terminate the employment contract ahead of time, warning about this employer (owner of the property of the organization, his representative) in writing no later than one month.
• . Termination of employment contract. The employee who concluded an employment contract for up to two months is obliged to warn the employer in writing three calendar days On the early termination of the employment contract.
• . Termination of an employment contract with employees employed in seasonal work. An employee engaged in seasonal work is obliged in writing to warn the employer about the early termination of the employment contract for three calendar days.
• . Termination of an employment contract (with an employee working at the employer - an individual). The timing of dismissal prevention, as well as cases and sizes of the existence paid under the termination of the employment contract and other compensation payments are determined labor contract.
• . Features of termination of an employment contract with an athlete, with a coach. Athlete, the coach has the right to terminate the employment contract on its own initiative (at its own request), warning about this employer in writing no later than one monthExcept in cases where the employment contract is concluded for less than four months.

The written form of the declaration of dismissal is obligatory. Oral statement of the employee about the termination of an employment contract cannot be the basis for publication by the employer of the appropriate order of dismissal

By agreement between the employee and the employer, the employment contract may be terminated and before the expiration of the established period of warning. It should be borne in mind that in this case the basis of the dismissal will be their own desire of the employee, and not an agreement of the parties provided for by paragraph 1 of Part 1 of Art. 77 TK RF.

Clarification of the Supreme Court of the Russian Federation

In paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 "On the application of the courts of the Russian Federation of the Labor Code of the Russian Federation" contains the following explanations:

Termination of the employment contract on the initiative of the employee

When considering disputes on termination at the initiative of an employee of the employment contract concluded for an indefinite period, as well as an urgent employment contract (paragraph 3 of the first part of Article 77, Article 80 of the Labor Code of the Russian Federation) courts should be borne in mind the following:

• a) Termination of the employment contract on the initiative of the employee is permissible in the case when the submission of a declaration of dismissal was voluntary by its will. If the plaintiff argues that the employer forced him to apply on the dismissal at his own request, then this circumstance is subject to verification and the obligation to prove it is assigned to the employee;
• b) the employment contract may be terminated on the initiative of the employee and before the expiration of a two-week period of preventing the dismissal by agreement between the employee and the employer.
• c) based on the content of part of the fourth article 80 and part of the fourth article 127 of the Labor Code of the Russian Federation, the employee who warned the employer to terminate the employment contract, has the right before the expiration of the warning period (and when granting leave followed by dismissal - until the day of the holidays), to withdraw their statement, and dismissal In this case, it is not done under the condition that another worker is not invited in writing in writing ... (For more details, see paragraph 22 of the Resolution).

Positions of the Constitutional Court of the Russian Federation

Part 1 Art. 80 of the Labor Code of the Russian Federation on the possibility of the employee at any time will not contradict the Constitution

Provided in part of the first article 80 of the Labor Code of the Russian Federation, the opportunity for an employee unhindered at any time to quit on his own initiative and establishing the only requirement - to warn about this employer no later than two weeks, the federal legislator created a legal mechanism that ensures the realization of the right of citizens to free The disposal of your work abilities. In addition, in order to maximize the interests of employees, part the fourth of the same article provides an employee the right to withdraw its application before the expiration of the dismissal prevention period (if another worker is invited to his place in writing, who cannot be denied the conclusion of an employment contract).

At the same time, the Supreme Court of the Russian Federation in the decision of the Plenum dated March 17, 2004 N 2 "On the application of the courts of the Russian Federation of the Labor Code of the Russian Federation" indicates the need for verification by the courts when considering disputes on the termination of the employment contract on the initiative of the approval of the statement of the absence of voluntary will worker for dismissal (subparagraph "A" of paragraph 22).

Thus, the indicated legal regulation is aimed at protecting the labor rights of employees and cannot be considered as the applicant's violating constitutional rights (definition of the Constitutional Court of the Russian Federation of November 20, 2014 N 2577-O)

Part 3 Art. 80 TC RF about the possibility of a worker to quit at any time in case of violation by the employer of the law does not contradict the Constitution

Part Three of Article 80 of the Labor Code of the Russian Federation provides an employee with the opportunity to stop labor relations in the period elected themselves in the case when the employer violates the requirements of labor legislation, regulations and other regulatory legal acts containing labor law standards, local regulations, collective agreement conditions, agreements or employment contract; This provision is warranty and in itself cannot be regarded as violating any constitutional rights of citizens (definition of the Constitutional Court of the Russian Federation of 06/23/2015 N 1242-O)

Part 3 Art. 80 TC RF about the possibility of a worker to quit at any time in the event of a retirement does not contradict the Constitution

The Labor Code of the Russian Federation provides for the right of the employee to terminate the employment contract with the employer, who warning it about it in advance in writing. At the same time, as previously noted the Constitutional Court of the Russian Federation, the requirement addressed to the employee to prevent the employer about his dismissal, as a general rule, no later than two weeks (part of the first article 80 of the Labor Code of the Russian Federation) is due to the need to provide the employer with the opportunity to choose the opportunity to select a timely Employee, and enshrined part of the fourth of the same article The right of an employee before the expiration of the warning about the dismissal to withdraw its application (if another worker was invited to his place in writing, who cannot be denied the conclusion of an employment contract) aims to protect the employment of employee ( Definitions of January 25, 2007 N 131-O-O and on March 22, 2011 N 297-O-O).

In an exception to the general rule about the need to work for two weeks from the date of submission of a declaration of dismissal at your own request, part of the third article 80 of the Labor Code of the Russian Federation obliges the employer to terminate the employment contract in the period specified in the statement of the employee, in case the dismissal is due to the inability to continue their work ( enrollment in the educational organization, retirement and other cases).

Thus, the challenged liabilities, allowing to determine the date of dismissal in a statement about the dismissal at his own request, acts as an additional guarantee for those who wish to leave work in connection with retirement, is aimed at maximizing their interests in a situation where the continuation of the work is impossible, and Does not violate the constitutional rights of the applicant (definition of the Constitutional Court of the Russian Federation of 07/03/2014 N 1487-O)

Labor legislation provides for the possibility of termination of work on the initiative of the employee at any time in the fulfillment of obligations.

Article 80 of the Labor Code of the Russian Federation - dismissal at its own desire without working, such a basis must be indicated in the application for termination of the employment contract.

As a general rule, to warn the employer about the termination of relationships is required in 14 days. In what cases exceptions are made and the work is not required - all this will be discussed in this publication.

Development - species and deadline for dismissal warning

The law has been established a period of testing - a period after submitting an application for termination of the contract for 2 weeks.

This time is provided for the possibility of finding a new candidacy for a replaceable employee, as well as transferring the latest cases in its competence. In 14 days, a new person should find a new person who will be ready to start executing labor duties.

This rule is standard. In some cases, the term can be reduced to 3 days or increase to 1 month.

When the term of working out is 3 days:

1. During the trial period, when the refusal of labor relations follows from the employee or directly the employer. The form of registration of a breaking of relations under the initiative of the employee is a declaration of dismissal, an employer - an order to terminate the contract. There is such an opportunity when there are no more than 3 months in the labor relations of the parties. If the specified time is exceeded, testing will be 14 days.
2. When performing seasonal work. An employee may notify the administration for 3 days, but if the initiative comes from the company - the notification is awarded an employee for 7 days. It often happens when the labor agreement is terminated due to the elimination of the enterprise or a reduction in personnel.
3. If the contract is short-term, is concluded for a period of no more than 2 months. This requirement is applied to relationships in the liquidation of the enterprise or the closure of an individual enterprise.

It is necessary to work out in the following cases.:

1. When dismissing the chief accountant or the head of the enterprise on the basis of Art. 280 TC RF.
2. With the termination of labor relations with a coach or an athlete, if the contract is concluded for a period of 4 months and more - art. 348.12 TK RF.
3. If it is impossible to carry out responsibilities under the contract with IP. The application is filed through local governments.

It's important to know: During the work on any reason, an employee needs to regularly fulfill their employment responsibilities on the basis of a contract concluded with the employer and job descriptions. With the nebid personnel for work, dismissal is possible on the article.

The legislation does not provide for such a concept as "working out". This term is not a legal nature and means the warning of the employer for a certain period of termination of the contract with the fulfillment of obligations under the usual mode during the specified period.

Reasons for dismissal at their own accord without work

Termination of labor relations is possible by the mutual consent of the employee and the employer on the day of signing the contract or any other time during the amount of 14 days due to the law (Article 81 of the Labor Code of the Russian Federation).

Other reasons for termination of relations the next day after submission of the application may be established by the employment contract, the rules of the internal labor order in the organization or IP.

These include:

1. Care at your own request of an employee who is retired.
2. Pregnancy.
3. Child content up to 14 years or disabled in providing medical detention.
4. The unsatisfactory state of health - the employee cannot work at the employment site on an objective reason. Act of therapeutic institution is provided.

It is interesting: During the term of working, if a new person is not found on a vacant position, the employee is entitled to cancel the application for dismissal. The employer in this case cannot prevent the employee to take a notice and continue to fulfill labor duties in normal mode.

If a person is fired, but he did not pay wages, he is entitled to demand the granting calculation, taking into account the accrued penalties. The penalty is taken equal to the 1/300 refinancing rate for each day of delay. This is indicated in a statement to the court or labor inspection.

Payments are established by judicial order or decree, which, when entering into force, are mandatory for the enterprise. Recovery is carried out by the service in a compulsory basis.

Some tricks - how to avoid working out

In exceptional cases, testing is not required:

1. Enrollment in higher educational institutions in granting an order for training.
2. When leaving the annual paid leave, if it is 2 weeks, subject to the preliminary submission of an application for dismissal in 14 days (Article 127 of the Labor Code of the Russian Federation).
3. If the husband or wife is transferred to work abroad or another region. It is necessary to confirm the circumstance by the order, then the dismissal without work will be legal.
4. When disabilities of labor legislation, the employer: regular non-payment of wages, the absence of annually paid. All of these facts must be recorded by the conclusion of the Labor Inspectorate, the court decree or the answer to the prosecutor's office.
5. Exit to the hospital coincided with the time of two-week workout before dismissal.

Sample application for dismissal

In a statement to the termination of the contract without working within the framework, you must specify the following details:

• the basis of the termination of the contract - Art. 80 TC RF;
• detaching date - the employer can express agreement with it or establish a different period - this is his right, not a duty;
• full name of the employee;
• commenting the termination of obligations without work out -, pregnancy, severe health care, a change in residence, enrollment in university, etc.;
• application of documents - confirmation of the reason for leaving the workplace.

The document is affixed by the date of application, the signature of the employee.

You can download a sample application for dismissal without working out.

Take into account: There is no unified form of a document, but it is better to take a sample for an example, it will help to avoid errors when filling. In addition, it is often an amendment to the document blank.

Make up paper in two originals: one is transmitted to the employer, the second is affixed by the mark on receiving with the date and number of the incoming one. It remains at the employee in his arms to confirm his intentions and to ensure the evidentiary base in the event of a dispute.

How to quit, not working out 2 weeks: instructions

In order to get dismissal without working, you must perform the following actions:

1. Apply for dismissal and attach documents to it, justifying the need for urgent termination of the contract: medical conclusion, notification of vacation, sick leave, pension certificate, etc. Either by agreement, together with a statement, an agreement is issued to the employment contract for the termination of duties.
2. The listed grounds for termination of the contract without work out are not listed in the law. Satisfying such an application at the discretion of the company. However, in the presence of good reasons, if a specialist denied dismissal, he is entitled to file a lawsuit in court, which in most cases is inclined to the position of the employee.
3. Wait for the day of dismissal. Happy and leave is the day after the end of their deadlines. According to the state of health and in connection with the translation - the day after submitting an application on the basis of Article 127 of the Labor Code of the Russian Federation.
4. The employer pays for vacation or sick leave in full, the employee receives the calculation.
5. On the last day of work, a workbook is issued, the order of dismissal and other necessary documents.

Good to know: The calculation of the dismissal is included for the annual paid leave, award and other payments due to the employee for the period of activity. The personnel of these advantages in connection with the urgent leaving of the workplace is impossible. The inclusions are accrued inclusive of NDFLs in order taken for tax accounting, as well as deductions to the FIU and the FSS of the Russian Federation.

As can be seen from the content of Art. 80 of the Labor Code of the Russian Federation, the circumstances that make it possible to complete work without working, quite a lot. You can not go to place of employment the day after submitting an application if the employer violates the terms of employment or an employee has good reasons for urgent termination of obligations.

The main thing is to correctly arrange documents: the application and with the agreement with the enterprise - an agreement on the termination of the employment contract without work.

Watch a video in which a specialist explains the nuances of dismissal at his own willingness and without it:

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Chapter 8. Participation of employees in organizing the organization

Chapter 9. Responsibility of the Parties to Social Partnership

Part of the third

• Section III. LABOR CONTRACT
  • Chapter 10. General
  • Chapter 11. Conclusion of the employment contract
  • Chapter 12. Changing the employment contract
  • Chapter 13. Termination of an employment contract
  • Chapter 14. Protection of personal data of the employee
• Section IV. WORKING TIME
  • Chapter 15. General
  • Chapter 16. Working Time Mode
• Section V. Rest Time
  • Chapter 17. General
  • Chapter 18. Breaks in work. Weekend and non-working holidays
  • Chapter 19. Vacation
• Section VI. Pay and standardization of labor
  • Chapter 20. General
  • Chapter 21. Wages
  • Chapter 22. Labor Regulation
• Section VII. Guarantees and compensation
  • Chapter 23. General
  • Chapter 24. Guarantees for the direction of workers in office business trips, other service trips and move to work to another area (as amended by Federal Law of June 30, 2006 N 90-FZ)
  • Chapter 25. Guarantees and compensation to employees in the performance of state or public duties
  • Chapter 27. Guarantees and compensation to employees related to the termination of the employment contract
  • Chapter 28. Other guarantees and compensation
• Section VIII. Labor routine. Discipline Labor
  • Chapter 29. General
  • Chapter 30. Labor discipline
• Section IX. Employee qualification, professional standard, preparation and additional professional education of employees (as amended by Federal Law of 02.05.2015 N 122-FZ)
  • Chapter 31. General
  • Chapter 32. Student Treaty
• Section X. Labor protection
  • Chapter 33. General
  • Chapter 34. Requirements for labor protection
  • Chapter 35. Organization of labor protection
  • Chapter 36. Ensuring the rights of workers on labor protection
• Section XI. Material responsibility of the parties to the employment contract
  • Chapter 37. General
  • Chapter 38. The material responsibility of the employer in front of the employee
  • Chapter 39. Material Responsibility of the employee

Part four

• Section XII. Features of labor regulation of individual categories of workers
  • Chapter 40. General
  • Chapter 41. Features of labor regulation of women, individuals with family responsibilities
  • Chapter 42. Features of labor regulation of workers under the age of eighteen
  • Chapter 43. Features of labor regulation of the head of the organization and members of the collegial executive body of the organization
  • Chapter 44. Features of labor regulation of part-time persons
  • Chapter 45. Features of labor regulation of workers who have entered into an employment contract for up to two months
  • Chapter 46. Features of labor regulation of workers employed in seasonal work
  • Chapter 47. Features of the labor regulation of persons working by the Watch method
  • Chapter 48. Features of labor regulation of workers working with employers - individuals
  • Chapter 48.1. Features of labor regulation of people working with employers - small businesses, which are attributed to microenterprises (introduced by Federal Law of 03.07.2016 N 348-FZ)
  • Chapter 49. Features of the regulation of the obsomnnar
  • Chapter 49.1. Features of labor regulation of remote workers (introduced by Federal Law of 04/05/2013 N 60-FZ)
  • Chapter 50. Features of labor regulation of persons working in the areas of the Far North and equivalent to them areas (as amended by the Federal Law of June 30, 2006 N 90-FZ)
  • Chapter 50.1. Features of labor regulation of workers who are foreign citizens or stateless persons (introduced by federal law of 01.12.2014 N 409-FZ)
  • Chapter 51. Features of labor regulation of workers of transport
  • Chapter 51.1. Features of labor regulation of workers engaged in underground work (introduced by federal law of 30.11.2011 N 353-FZ)
  • Chapter 52. Features of labor regulation of pedagogical workers
  • Chapter 52.1. Features of the labor regulation of scientists, heads of scientific organizations, their deputies (introduced by federal law of 22.12.2014 N 443-FZ)
  • Chapter 53.1. Features of labor regulation of workers sent by temporarily by the employer to other individuals or legal entities under the labor provision agreement (personnel) (introduced by Federal Law of 05.05.2014 N 116-FZ)
  • Chapter 54. Features of labor regulation of workers of religious organizations
  • Chapter 54.1. Features of the labor regulation of athletes and coaches (introduced by federal law of 28.02.2008 N 13-FZ)
  • Chapter 55. Features of labor regulation of other categories of workers

Part five

• Section XIII. Protection of labor rights and freedoms. Consideration and resolution of labor disputes. Responsibility for violation of labor legislation and other acts containing labor law standards (as amended by Federal Law of 30.06.2006 N 90-FZ)
  • Chapter 56. General
  • Chapter 57. State control (supervision) and departmental control over compliance with labor legislation and other regulatory legal acts containing labor law standards (as amended by Federal Law of July 18, 2011 No. 242-FZ)
  • Chapter 58. Protection of labor rights and legitimate interests of employees by professional unions (as amended by Federal Law of 30.06.2006 N 90-FZ)
  • Chapter 59. Self-defense workers of labor rights
  • Chapter 60. Consideration and permission of individual labor disputes (as amended by Federal Law of 30.06.2006 N 90-FZ)
  • Chapter 61. Consideration and resolution of collective labor disputes (as amended by Federal Law of 30.06.2006 N 90-FZ)
  • Chapter 62. Responsibility for violation of labor legislation and other acts containing labor law

Part of the sixth

• Section XIV. FINAL PROVISIONS

Article 80 of the Labor Code of the Russian Federation. Termination of the employment contract on the initiative of the employee (at esquisite)

The worker has the right to terminate the employment contract, warning about this employer in writing no later than two weeks, unless otherwise established by this Code or other federal law. The course of the specified period begins the day after receiving the employer of the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated before the expiration of the prevention of dismissal.

In cases where the statement of the employee on dismissal on his initiative (at wish) is due to the inability to continue their work (enrollment in the 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, conditions 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 statement.

Before the expiration of the warning about the dismissal, the employee has the right to withdraw his statement at any time. Dismissal in this case is not made if another worker is invited to his place in writing, in accordance with this Code and other federal laws cannot be denied the conclusion of an employment contract.

After the expiration of the warning about the dismissal, the employee has the right to stop work. On the last day of work, the employer is obliged issue Employee labor book or provide information on labor activities (this Code) for this employer, to issue other documents related to the work, on the written statement of the employee and make a final calculation with it.

If, after the expiration of the warning about the dismissal, the employment contract was not terminated and the employee does not insist on dismissal, the work of the employment contract continues.

Early termination of the term contract

Urgent work. The contract is an agreement between the employee and the employer, concluded at a certain period of time (for example, for half a year). After the expiration date specified in the agreement, the contract is terminated or, with the continuation of labor relations, is transformed into a permanent. The urgent contract can be terminated according to the same grounds as the usual, before its period of action ends. So, the urgent contract ceases early:

• by agreement of the parties (Art. 78 of the Labor Code of the Russian Federation);
• on an independent circumstances (for example, a call to the army of the employee) (Art. 83 of the Labor Code of the Russian Federation);
• at their own request of the employee (Art. 80 of the Labor Code of the Russian Federation);

The deadline for submitting an application for care on its initiative for a conscientious worker depends on what period of the contract is concluded. So, if the urgent contract was signed to perform seasonal work or work lasting up to 2 months, then applying must be submitted for at least 3 calendar days before the departure date (Art. 292 of the Labor Code of the Russian Federation). If the term of the contract is more than 2 months, then under Art. 80 TK RF statement is submitted no later than 2 weeks, that is, in the same time as the termination of ordinary work. contract. Footing by agreement with the leadership or in connection with unexpected circumstances, the employee may not work out the 3-day or 2 week period. But only if the agreement reaches the leadership or present a document confirming the need to quit urgently (agenda to the army, a document on the transfer of a spouse to another city or about the direction of study, etc.). Early dismissal of a temporary employee is issued as usual. According to general rules, the final cash payment is also made. Compensation for unused vacation temporary employees is also paid. And the employee with whom the contract was signed in less than 2 months or for the season, the calculation of paid leave is made according to the scheme: 2 working days for each month (Article 291 and Art. 295 of the Labor Code of the Russian Federation).

Dismissal of a remote employee in connection with retirement

Part 1 Art. 80 TC RF gives employees to terminate labor. Agreement on its intention, by giving a guide to no less than 2 weeks. In this case, the period of notification may be established by the Code or FZ. Counting 2 weeks begins the day after receipt by the head of the departure statement. There is a general rule by which without working it is possible to quit only with the consent of the employer. However, there are exceptions to the rule - the special circumstances provided for in Part 3 of Article 80 of the Labor Code of the Russian Federation. So, if the dismissal of the employee occurs due to the inability to work further on objective reasons, then his employer must dismiss his employer at that time that the employee writes in the application. Part 3 of Article 80 of the Labor Code of the Russian Federation includes the following grounds for dismissal without working:

• confirmed documenatory reason for the cessation of work activity - retirement, enrollment in the university, calling to the army, etc. (not closed list);
• a proven violation by the employer of the provisions of the TC RF, norms. Acts or contracts with an employee.

Retirement is a special circumstance, in connection with which the employee can put in a statement on dismissal on its initiative any suitable date for itself. At the same time, judges, considering disputes, clarify that the right of a pensioner for dismissal at a convenient term does not depend on the immediate point of retirement (the court's definition of 08.12.2010 No. 33-38420). An employee can take advantage of the possibility of dismissal immediately after retirement, or to work for some time after the pension, and then quarrel without working 2 weeks. That is, Part 3 of Article 80 of the Labor Code of the Russian Federation establishes for pensioners-workers a guaranteed opportunity at a convenient time to go on vacation. But does the fact that he is a remote employee? Is the meaning when dismissing the retirement age officer? To begin with, we will give the definition of remote operation. According to Article 312.1 of the Labor Code of the Russian Federation, this is the fulfillment of obligations imposed in the labor contract outside the workplace when interacting with the manual through the means of communication (telephone, Internet). Whether work is concluded with remote employees. Contracts in which their working conditions are prescribed. The action of the norms of labor law is fully applied to remote employees. Art. 3 of the Labor Code of the Russian Federation indicates the unacceptability of the restriction of labor. rights and freedoms of workers due to circumstances that are not related to their business skills and qualities. Consequently, the fact that the pensioner is working remotely, cannot affect his right to quit at a convenient time. Employees working on labor. Contracts on remote labor, have the same rights and obligations as full-time employees. The dismissal of a remote employee when retirement should be issued by the manual in the period specified by the pensioner in the application.

The worker has the right to terminate the employment contract, warning about this employer in writing no later than two weeks, unless otherwise established by this Code or other federal law. The course of the specified period begins the day after receiving the employer of the employee's application for dismissal.

By agreement between the employee and the employer, the employment contract may be terminated before the expiration of the prevention of dismissal.

In cases where the statement of the employee on dismissal on his initiative (at wish) is due to the inability to continue their work (enrollment in the 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, conditions 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 statement.

Before the expiration of the warning about the dismissal, the employee has the right to withdraw his statement at any time. Dismissal in this case is not carried out if another employee is not invited to his place in writing, who, in accordance with this Code and other federal laws, cannot be denied the conclusion of an employment contract.

After the expiration of the warning about the dismissal, the employee has the right to stop work. On the last day of work, the employer is obliged to issue an employee a labor book or provide information on labor activities (Article 66.1 of this Code) from this employer, to issue other documents related to the work on the written statement of the employee and to make a final calculation with it.

If, after the expiration of the warning about the dismissal, the employment contract was not terminated and the employee does not insist on dismissal, the work of the employment contract continues.

Comments to Art. 80 TC RF

1. For the transfer of information on the accrued and paid insurance premiums of state pension insurance by the employer on the day of the issued and paid insurance premiums from April 1, 1996 N 27-FZ "On Individual (Personalized) accounting in the system of compulsory pension insurance."

2. If, after the expiration of the prevention of dismissal, the employment contract was not terminated and the employee does not insist on dismissal, the work of the employment contract continues.

3. The employer is obliged to reimburse the employee who has not received earnings in all cases of illegal deprivation of its ability to work. Such a duty, in particular, occurs if the earnings are not received as a result of illegal removal of the employee from work, its dismissal or transfer to another work (Art. 234 of the TC).

4. When dismissal due to the expiration of the labor contract, leave may be provided with subsequent dismissal and then when the vacation time is fully or partially coming out of the term of this contract. In this case, the day of dismissal is also considered the last day of vacation. When granting a vacation, followed by dismissal when terminating the employment contract on the initiative of the employee, this worker has the right to withdraw his application for dismissal before the day of the beginning of the vacation, if another worker is invited in his place (Article 127 of the TC).

5. The formulation of dismissal on this basis is as follows: "dismissed at its own request, paragraph 1 of Article 77 of the Labor Code of the Russian Federation."

6. Two weeks are 14 calendar days, as according to Art. 14 TC deadlines calculated by weeks expire to the corresponding number of weeks. On time, calculated in the calendar weeks or days, turn on and non-working days. If the last day of the term falls on a non-working day, then the end of the deadline is considered the nearest working day after him.

Before the expiration of the warning about the dismissal, the employee has the right to withdraw his statement at any time. Any time is any time during the warning period, including the last minute of the warning, even if all the dismissal documents are decorated. The employee is deprived of the right to withdraw his application for dismissal if the employer invited another employee in the writing.

The form of a review of the application for termination of the employment contract before the expiration of the warning about the dismissal of the TC is not established, so it can choose an employee: written feedback or oral.

7. The employer is obliged to terminate the employment contract within the period specified in the statement of the employee in cases when: 1) the employee cannot continue to work. The reasons that make it impossible to continue work are named in TC: a) enrollment in the educational institution; b) retirement; c) other similar cases; 2) established a violation by the employer of labor legislation and other regulatory legal acts containing the norms of labor law, local regulations, the conditions of the collective agreement, an agreement or employment contract.

8. When considering disputes on termination at the initiative of an employee of the employment contract concluded for an indefinite period, as well as an urgent employment contract (paragraph 3 of Part 1 of Art. 77, Art. 80 TC) courts should be borne in mind the following:

a) Termination of the employment contract on the initiative of the employee is permissible in the case when the submission of a declaration of dismissal was voluntary by its will. If the plaintiff argues that the employer forced him to apply on the dismissal at his own request, then this circumstance is subject to verification and the obligation to prove it is assigned to the employee;

b) the employment contract may be terminated on the initiative of the employee and before the expiration of a two-week period of preventing the dismissal by agreement between the employee and the employer. If the application of the employee is due to the inability to continue their work, as well as in cases of established violation by the employer of labor legislation, etc. (See above. 7 comments), the employer is obliged to terminate the employment contract in the period specified in the statement of the employee. It should be borne in mind that these violations can be established, in particular, by the state supervision and control by compliance with labor legislation, trade unions, CCC, by the court;

c) based on the content of h. 4 tbsp. 80 and part 4 art. 127 TC worker who warned the employer to terminate the employment contract, has the right before the expiration of the warning period (and when granting leaves, followed by dismissal - until the day of the beginning of the holiday), to withdraw its statement, and dismissal in this case is not done in accordance with its place in writing The form was not invited by another employee who, in accordance with TC and other federal laws, cannot be denied the conclusion of an employment contract (for example, by virtue of Part 4 of Art. 64, the TC is prohibited to refuse to conclude an employment contract to employees invited in writing to work in order of translation from another employer, for 1 month from the date of dismissal from the previous place of work). If, after the expiration of the warning, the employment contract was not terminated and the employee does not insist on dismissal, the work of the employment contract is considered continued (part 6 of Art. 80 of the TC) (paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2).

9. The employer has no reason for which he may refuse the employee in termination of the employment contract. If the employee on the legitimate basis should pay the employer with a sum of money (for example, to compensate losses), the employer may submit an appropriate lawsuit on the employee.

10. The worker can warn the employer to terminate the employment contract at a time when it consists in labor relations: during work, staying on sick leave, business trip, vacation, etc.

 

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