In what cases does an employee have the right to terminate an employment contract? Termination of the employment contract Terminate the employment contract by notifying the employer.

Termination employment contract at the initiative of the employee - the most common type of termination labor relations between employee and employer. We will tell you how to formalize the dismissal procedure and not violate labor laws.

Termination of the employment contract at the initiative of the employee is regulated by Article 80 Labor Code RF. If the employee decides to terminate the employment relationship own will The employer has no right to refuse.

To terminate the employment contract on their own initiative, the employee must write a letter of resignation. It is impossible to get by with verbal agreements with the management. The intention to leave must be written by hand in the name of the head with the date of submission and personal signature.

Deadlines must also be met. The employee must notify the employer of his departure at least 14 calendar days. But if there are cases when the terms can be shifted both up and down. We will tell you more about the procedure below.

Features of termination of the employment contract at the initiative of the employee

So, if an employee announced his decision to quit, he is not obliged to explain the reasons for dismissal and justify it. At the request of the head, he can only explain why he is leaving.

Reason for termination of employment contract at the initiative of the employee is production, the employer does not have the right to retain the employee and delay the term of dismissal. The presence of unfinished work or the lack of replacement is also not a reason.

Notify employer of termination needed within the stipulated time. By general rule- at least two weeks in advance (part 1 of article 80 of the Labor Code of the Russian Federation). And if the employee is on probation, then in three days (part 4 of article 71 of the Labor Code of the Russian Federation). If the head quits, then in a month (Article 280 of the Labor Code of the Russian Federation).

Working period . An employee can quit earlier by agreement with the employer (part 2 of article 80 of the Labor Code of the Russian Federation). Such consent can be formalized by a record with a signature on the application or preliminary agreement - in this case, the employee in the application indicates a specific date.

Also, according to part 3 of Art. 80 of the Labor Code of the Russian Federation, the employment contract must be terminated at the initiative of the employee within the period specified in the application, if continuation of work is impossible. Wherein complete list there are no such cases in the code.

Dismissal before two weeks is possible in case of transfer of the husband of the worker to another city, the need to care for a child under the age of 14, etc.

Despite the fact that an application has been submitted to terminate the employment contract at the initiative of the employee, before the expiration of the warning period, the employee can withdraw the application (part 4 of article 80 of the Labor Code of the Russian Federation). A recall is not possible if the employer has already invited another employee and does not have the right to refuse him.

Until the termination of the contract, the employee is obliged to fulfill his obligations. But the employee has no obligation to be at the workplace, the employee can warn about dismissal during vacation, illness, business trips and appear only to receive documents.

Documentation of termination of the employment contract at the initiative of the employee

To comply with the procedure for terminating an employment contract at the initiative of an employee, you must follow the algorithm of actions:

the employee writes a statement;
the employer accepts a letter of resignation;
the employer issues an appropriate order;
the employer makes an entry in the work book, calculates the employee and issues a package of documents.

The employee is obliged to notify the employer of his dismissal within a certain period in writing.

You can write a letter of resignation by hand or draw up in in electronic format and sign.

Sample application for termination of an employment contract at the initiative of an employee

Standard wording in a statement:

"In accordance with Article 80 of the Labor Code, I ask you to dismiss me of my own free will from my position ... "

You can specify the term of dismissal - from such and such a date, or simply indicate the date of filing the application, since two weeks will be counted from this date.

The employee must write a letter of resignation addressed to the head of the company. To save time explaining and correcting mistakes, you can pre-compile a resignation letter template of your own free will in 2019. And employees will enter their data there themselves.

Termination of the employment contract must be formalized by a dismissal order in the form T-8. It is from the next day after the date of dismissal specified in the order that all payments in favor of the employee cease. Except if the employee falls ill within 30 days after dismissal. Then the company will be obliged to pay him temporary disability benefits (part 2 of article 5 of the Federal Law of December 29, 2006 No. 255-FZ).

The right to early termination of the employment contract is not only for the employer, but also for employees. In the case when the initiative comes from an employee, one desire will be enough. This solution does not have to be justified. The Labor Code of the Russian Federation establishes that in order to terminate a working relationship, you just need to write a statement. This must be done 14 days before the actual date of dismissal.

Such decisions do not bear negative consequences if the employee left ahead of schedule without violating the order. All payments are provided in the same form as in the case when the initiative comes from the employer.

Conditions and procedure for terminating an employment contract

The main condition of any dismissal procedure is the basis for it. The agreement of the parties, their own desire, the liquidation of the company - these and many other reasons are given in Article 77 of the Labor Code of the Russian Federation. The following situations are also mentioned in this article:

refusal to continue to perform duties due to changes in conditions;
refusal to transfer due to the transfer of the employer;
refusal to continue work due to a change of ownership.

In each case, the algorithm of the procedure may be different. For example, when conditions change, the manager notifies of such a need, after which he offers the employee a different position, and if he disagrees, he writes a written refusal.

The procedure for termination is different if the enterprise is liquidated or the staff is reduced. Here, the notice is prepared 60 days before the date of the specific legal action. During this time, a person continues to be paid a salary, and on the last working day he must receive all weekend payments.

Termination of an employment contract by agreement of the parties

The agreement of the parties, according to. experts - best option termination of the relationship for both the employee and his employer. For both parties, this option has the least consequences. If we are talking about this type of notification, then the employee prepares statements, after which he draws up a written agreement, which indicates all the conditions for terminating the contract and the fact of consent from the employer and from the employee.

The simplicity of the procedure is also confirmed by the law regulating this procedure - the 78th article of the Labor Code of the Russian Federation. It says that in this way you can end a working relationship at any time. There are no requirements and consequences in the law.

The employment contract was terminated at the initiative of the employee - entry in the labor

If the employee wishes to terminate the contract, labor record a corresponding notice of dismissal is made. The wording is as simple as possible - "... at the initiative of the employee." In this case, upon termination of relations with the employer, paragraph 3 of clause 77 of Art. TK RF. Representatives personnel service make such an entry in the work book.

In some cases, employees ask to slightly change the record. For example, when dismissed due to the need to care for a child under 3 years of age, you can literally quote given ground after words indicating the employee's initiative.

Termination of the employment contract at the initiative of the employee without working off

You can quit without working off if the employer himself does not object. However, there are certain legal circumstances under which employers do not have the right to interfere with an employee - they are required to release subordinates without working off. Supporting documents are traditionally attached to statements indicating these legal circumstances.

Urgent relocation to another city, transfer of a spouse to another locality, admission to a university, medical conclusion about the impossibility of continuing activities in the current position, reaching retirement age, caring for a disabled relative - all these grounds are considered sufficient. Each of the mentioned grounds gives the right to terminate the relationship without working off.

Legal consequences of violation of the procedure for terminating an employment contract

If violations were made during dismissal, then the legal consequences approved in Article 394 of the Labor Code of the Russian Federation will come into force. If the employer fires a person illegally, he will be obliged to reinstate him back to workplace. Compensation for non-pecuniary damage and payment of compensation are considered acceptable consequences.

Every situation is different. If, for example, restoration is not possible due to liquidation, then the entry will be changed in the labor record, and compensation will be paid for the entire time of forced absenteeism. Such issues are resolved in court.

Can an employment contract be terminated early?

The Labor Code of the Russian Federation provides that termination of a fixed-term employment contract is possible not only after the expiration of the term. Even if the period for which it was signed is minimal, there is still the possibility of terminating the relationship ahead of schedule. For example, if an employee violates discipline, then his manager will be able to terminate the contract in accordance with the procedure established in the Labor Code.

Termination of an employment contract means the end of the employment relationship between the employee and the employer. In the current labor legislation, along with the concept of "termination of an employment contract", there are other concepts that mean the end labor relations between the parties to the employment contract: "termination of the employment contract" and "dismissal". These concepts are close in meaning, but are not identical and differ in their legal content.

Thus, the termination of an employment contract is the end of the employment relationship between the employee and the employer. "Termination of an employment contract" is the most general and broad concept that covers all cases of termination of a concluded employment contract, termination of an employment relationship (by agreement of the parties; at the initiative of an employee or employer; at the request of authorized third parties; on grounds that exclude for any circumstances, the possibility of continuing the employment relationship, etc.).

The concept of "dismissal of an employee", in fact, is close to the concept of "termination of an employment contract", but it does not cover cases of termination of an employment contract due to circumstances beyond the control of the parties.

"Cancellation of an employment contract" is a narrower concept, it is a volitional termination of employment relations at the initiative of one of the parties to the employment contract or at the initiative of certain bodies that have the right to demand this termination. The difference between the concept of "termination of an employment contract" and the concept of "termination of an employment contract" is that the first covers both volitional unilateral and bilateral actions, as well as events, and the second covers only unilateral volitional actions.

An employment contract is terminated only if there are certain grounds for its termination and compliance with the rules for dismissing an employee on this specific basis. The basis for termination of an employment contract is a life circumstance, which is enshrined in law as legal fact necessary to terminate the employment relationship. Termination of the employment contract means at the same time the dismissal of the employee.

An entire chapter is devoted to the termination of an employment contract in the Labor Code of the Russian Federation - 13, which provides for the grounds and procedure for terminating an employment contract. At the same time, the Labor Code of the Russian Federation is not the only legal act regulating the termination of an employment contract. Thus, the grounds for termination of employment contracts, other than those given in the Labor Code of the Russian Federation, are contained in a number of other federal laws.

It should be noted that the terms of the employment contract may also establish additional grounds for dismissal, if this is allowed by the current legislation and does not contradict it. The Labor Code of the Russian Federation regulates the right of the parties to an employment contract, in certain cases, to include in the employment contract additional grounds for terminating employment relations (Articles 278, 307, 312, 347 of the Labor Code of the Russian Federation).

Termination of an employment contract is considered legal provided that, in addition to the grounds provided for by law, the employer complies with the established procedure for terminating an employment contract, and also provides guarantees upon dismissal established by law for certain categories of employees.

Thus, it is not allowed to dismiss an employee at the initiative of the employer during the period of his temporary disability and during his vacation (part 3 of article 81 of the Labor Code of the Russian Federation), pregnant women, as well as women with children under the age of three, single mothers raising a child under the age of 14 years (a disabled child under eighteen years of age), other persons raising these children without a mother, at the initiative of the employer, is not allowed (with the exception of dismissal under clause 1, sub-clause "a" clause 3, clause 5-8, 10 and 11 article 81 of the Labor Code of the Russian Federation).

The dismissal of an employee under paragraph 5 of Article 82 of the Labor Code of the Russian Federation is carried out taking into account the reasoned opinion of the elected trade union body of this organization in accordance with Art. 373 of the Labor Code of the Russian Federation.

The employer has the right to terminate the employment contract no later than one month from the date of receipt of the reasoned opinion of the elected trade union body.

Consideration of the opinion of the trade union body is not required if an employee who is not a member of a trade union is dismissed or the organization has a trade union, but the employee is connected by membership relations with another trade union that does not have a primary trade union body in this organization.

Representatives of employees participating in collective bargaining, during the period of their conduct, cannot be dismissed at the initiative of the employer without the prior consent of the body. Authorizing them to represent, except in cases of termination of the employment contract for committing a misdemeanor, for which, in accordance with the Labor Code of the Russian Federation, other federal laws provide for dismissal from work.

Termination of an employment contract with an employee under the age of 18 at the initiative of the employer (except in cases of liquidation of the organization), in addition to observing the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission on minors.

According to Art. 374 of the Labor Code of the Russian Federation dismissal at the initiative of the employer in accordance with paragraph 2, sub. "b" paragraph 3 and paragraph 5 of Art. 81 of the Labor Code of the Russian Federation of heads (their deputies) of elected trade union collegiate bodies of the organization, its structural divisions (not lower than shop and equated to them), not released from their main work, in addition to the general procedure, dismissal is allowed only with the prior consent of the relevant higher elected trade union body.

However, the provisions of the first part of Art. 374 of the Labor Code of the Russian Federation are subject to application in accordance with the constitutional and legal meaning identified in the ruling of the Constitutional Court of the Russian Federation of December 4, 2003 No. 421-O “In the case of checking the constitutionality of the provisions of part two of Article 170 and part two of Art. 235 of the Labor Code of the Russian Federation and paragraph 3 of Art. 25 of the Federal Law “On Trade Unions, Their Rights and Guarantees of Activity”, which recognized the norms contained in federal laws and prohibiting the dismissal of an employee who has committed an unlawful act, which is a legal basis for termination of an employment contract at the initiative of the employer, to be inconsistent with the Constitution. The establishment in the Labor Code of the Russian Federation of guarantees for an employee upon his dismissal for repeated failure to perform labor duties without good reason, if he has a disciplinary sanction, is a disproportionate restriction of the rights of the employer as a party to the employment contract and at the same time the subject of economic activity and the owner. This kind of restriction is not due to the need to protect the rights and freedoms enshrined in Art. 30 (part 1), 37 (part 1) and 38 (part 1 and 2) of the Constitution of the Russian Federation, violates the code of economic (entrepreneurial) activity, property rights, distorts the essence of the principle of freedom of labor and therefore contradicts the provisions of Art. 8, 34 (part 1), 35 (part 2), 37 (part 1) and 55 (part 3) of the Constitution of the Russian Federation.

General grounds for termination of an employment contract.

General grounds for termination of an employment contract are contained in Article 77 of the Labor Code of the Russian Federation

The grounds for termination of an employment contract are:

1) agreement of the parties (Article 78 of the Labor Code of the Russian Federation);

2) the expiration of the term of the employment contract (Article 79 of the Labor Code of the Russian Federation), except in cases where the employment relationship actually continues and none of the parties has demanded their termination;

3) termination of the employment contract at the initiative of the employee (Article 80 of the Labor Code of the Russian Federation);

4) termination of the employment contract at the initiative of the employer (Articles 71 and 81 of the Labor Code of the Russian Federation);

5) transfer of an employee at his request or with his consent to work for another employer or transfer to elective work (position);

6) the employee's refusal to continue working in connection with a change in the owner of the organization's property, with a change in the jurisdiction (subordination) of the organization or its reorganization (Article 75 of the Labor Code of the Russian Federation);

7) the employee's refusal to continue work in connection with a change in the terms of the employment contract determined by the parties (part four of Article 74 of the Labor Code of the Russian Federation);

8) the refusal of the employee to transfer to another job, necessary for him in accordance with the medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, or the absence of an appropriate job for the employer (parts three and four of Article 73 of the Labor Code of the Russian Federation);

9) the employee's refusal to be transferred to work in another locality together with the employer (part one of Article 72.1 of the Labor Code of the Russian Federation);

10) circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation);

11) violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work (Article 84 of the Labor Code of the Russian Federation).

An employment contract may also be terminated on other grounds provided for by the Labor Code of the Russian Federation and other federal laws.

Termination of an employment contract by agreement of the parties implies the mutual desire of the employee and the employer to terminate the employment contract (Article 79 of the Labor Code of the Russian Federation). The employment contract is terminated at the time agreed by the parties, that is, at any time. The agreement on termination of the employment contract does not exclude the possibility of dismissal of the employee at his own request or, if there are grounds for this, at the initiative of the employer.

Termination of the employment contract at the initiative of the employee implies the desire to terminate the employment contract of one party (employee), and the employer is obliged to terminate relations with the employee after the warning period has expired.

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by the Labor Code of the Russian Federation or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

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

In cases where the employee’s application for dismissal on his own initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in an educational institution, 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 collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application 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 the Labor Code of the Russian Federation and other federal laws, cannot be refused to conclude an employment contract.

The employer, before the expiration of the notice of dismissal, is not deprived of the right to dismiss the employee if he has committed an offense that is the basis for dismissal.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

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

The right to terminate the employment contract at the initiative of the employee is granted not only to the employee who has concluded an employment contract for an indefinite period, but also to the employee working under a fixed-term employment contract.

If an application for termination of an employment contract is submitted by an employee who has not reached the age of 18, the consent of the relevant state labor inspectorate and the commission on minors must first be obtained.

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004 contains a provision explaining to the courts the issues of application of legislation governing the termination of an employment contract at the initiative of an employee concluded for an indefinite period, as well as a fixed-term employment contract (paragraph 3 of article 77, article 80 of the Labor Code of the Russian Federation ). Keep in mind the following:

a) termination of the employment contract at the initiative of the employee is permissible in the case when the filing of an application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee;

b) the employment contract may be terminated at the initiative of the employee and before the expiration of the two-week notice period for dismissal by agreement between the employee and the employer.

An employment contract may be terminated at the initiative of the employer in the following cases:

1) liquidation of the organization or termination of activity by an individual entrepreneur;

2) reduction in the number or staff of employees of the organization, individual entrepreneur;

3) inconsistency of the employee with the position held or the work performed due to insufficient qualifications, confirmed by the results of certification;

4) change of the owner of the property of the organization (in relation to the head of the organization, his deputies and the chief accountant);

5) repeated non-performance by an employee without good reason job duties if he has a disciplinary sanction;

6) a single gross violation of labor duties by an employee:

a) absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in case of absence from the workplace without good reason for more than four hours in a row during the working day ( shifts);

b) the appearance of an employee at work (at his workplace or on the territory of the organization - the employer or the facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcoholic, narcotic or other toxic intoxication;

c) disclosure of legally protected secrets (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties, including the disclosure of personal data of another employee;

d) committing at the place of work theft (including small) of another's property, embezzlement, its deliberate destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to deal with cases administrative offenses;

e) a violation by an employee of labor protection requirements established by the labor protection commission or the labor protection commissioner, if this violation entailed serious consequences (accident at work, accident, catastrophe) or knowingly created a real threat of such consequences;

7) the commission of guilty actions by an employee directly servicing cash or commodity values if these actions give rise to a loss of confidence in him on the part of the employer;

8) commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

9) making an unreasonable decision by the head of the organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the property of the organization;

10) a single gross violation by the head of the organization (branch, representative office), his deputies of their labor duties;

11) submission by the employee to the employer of false documents when concluding an employment contract;

12) is no longer valid.

13) provided for by the employment contract with the head of the organization, members of the collegial executive body of the organization;

14) in other cases established by the Labor Code of the Russian Federation and other federal laws.

The certification procedure (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of employees.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (as vacant position or work corresponding to the qualifications of the employee, as well as a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

In the event of termination of the activities of a branch, representative office or other separate structural subdivision of an organization located in another locality, termination of employment contracts with employees of this subdivision is carried out according to the rules provided for in cases of liquidation of the organization.

Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where the guilty actions that give grounds for the loss of confidence, or, accordingly, an immoral offense are committed by the employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer.

It is not allowed to dismiss an employee at the initiative of the employer (with the exception of the case of liquidation of the organization or termination of activity by an individual entrepreneur) during the period of his temporary disability and during the period of vacation.

When considering a case on the reinstatement of a person whose employment contract was terminated at the initiative of the employer, the obligation to prove the existence of a legal basis for dismissal and compliance with the established procedure for dismissal rests with the employer.

When considering reinstatement cases, it should be borne in mind that when implementing the guarantees provided by the Labor Code of the Russian Federation to employees in the event of termination of an employment contract with them, the general legal principle of the inadmissibility of abuse of the right, including by the employees themselves, must be observed. In particular, it is unacceptable for an employee to conceal temporary disability at the time of his dismissal from work or the fact that he is a member of a trade union or the head (his deputy) of an elected trade union collegial body of an organization, its structural divisions (not lower than shop and equated to them), not released from the main job, when the decision on the issue of dismissal should be made in compliance with the procedure for taking into account the reasoned opinion of the elected trade union body of the organization or, accordingly, with the prior consent of the higher elected trade union body.

If the court establishes that the employee has abused the right, the court may refuse to satisfy his claim for reinstatement (changing the date of dismissal at the request of the employee dismissed during the period of temporary incapacity for work), since in this case the employer should not be responsible for the adverse consequences that occurred as a result of dishonest actions on the part of the employee (clause 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004).

As a general rule, the parties cannot include in the employment contract additional grounds for the dismissal of employees other than those provided for in the law, as this can be considered as a decrease in the level of guarantees for employees. In accordance with Part 2 of Art. 9 of the Labor Code of the Russian Federation, labor contracts cannot contain conditions that restrict the rights or reduce the level of guarantees for employees in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms. If such conditions are included in the employment contract, then they are not subject to application.

Termination of an employment contract at the initiative of the employer with pregnant women is not allowed, except in cases of liquidation of the organization or termination of activity by an individual entrepreneur.

Part 1 Art. 261 of the Labor Code of the Russian Federation prohibits the dismissal of pregnant women at the initiative of the employer. The prohibition on dismissal applies to all grounds for dismissal at the initiative of the employer, specified both in the Labor Code of the Russian Federation and in other federal laws.

The dismissal of a pregnant woman on other grounds not related to the initiative of the employer, including due to circumstances beyond the control of the parties to the employment contract (Article 83 of the Labor Code of the Russian Federation) and in case of violation of the rules for hiring (Article 84 of the Labor Code of the Russian Federation), is carried out in general order.

In the event of the expiration of a fixed-term employment contract during the woman's pregnancy, the employer is obliged, upon her written application and upon presentation of a medical certificate confirming the state of pregnancy, to extend the validity of the employment contract until the end of pregnancy. A woman whose employment contract has been extended until the end of pregnancy is obliged, at the request of the employer, but not more than once every three months, to provide a medical certificate confirming the state of pregnancy. If at the same time the woman actually continues to work after the end of pregnancy, then the employer has the right to terminate the employment contract with her due to its expiration within a week from the day when the employer found out or should have found out about the fact of the end of pregnancy.

An employment contract extended in this way, by virtue of a direct indication of the law, does not cease to be urgent. At the same time, a woman is provided with all the benefits to which she is entitled in connection with pregnancy, including the right to transfer to another job and to be released from work while maintaining average earnings if such a transfer is impossible.

It is allowed to dismiss a woman due to the expiration of the employment contract during her pregnancy, if the employment contract was concluded for the duration of the duties of the absent employee and it is impossible, with the written consent of the woman, to transfer her before the end of pregnancy to another job available to the employer (as a vacant position or job, corresponding to the woman's qualifications, as well as a vacant lower position or lower paid job) that a woman can perform, taking into account her state of health. At the same time, the employer is obliged to offer her all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

Termination of an employment contract with women with children under the age of three, single mothers raising a child under the age of fourteen (a disabled child under eighteen), other persons raising these children without a mother, at the initiative of the employer is not allowed (except dismissal on the grounds provided for in paragraphs 1, 5 - 8, 10 or 11 of the first part of Article 81 or paragraph 2 of Article 336 of the Labor Code of the Russian Federation).";

An employment contract is subject to termination due to the following circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation):

1) calling an employee to military service or sending him to an alternative civilian service that replaces it;

2) reinstatement at work of an employee who previously performed this work, by decision of the state labor inspectorate or court;

3) non-election to office;

This basis applies to those employees who were not elected to a position for the second time for their position, although they applied for it. If the employee did not submit documents for election to the position, then he is dismissed due to the expiration of the employment contract under paragraph 2 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

4) condemnation of the employee to a punishment that precludes continuation previous work, in accordance with the verdict of the court, which has entered into force;

5) recognition of the employee as completely incapable of labor activity in accordance with a medical report issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation;

The recognition of an employee as completely incapable may take place in accordance with a medical certificate issued by an authority or institution that has the competence to issue such an opinion.

6) death of an employee or employer - individual, as well as recognition by the court of an employee or employer - an individual as dead or missing;

In accordance with Art. 45 of the Labor Code of the Russian Federation, a citizen may be declared dead by a court if there is no information about his place of residence in his place of residence for five years, and if he has gone missing under circumstances that threaten death or give reason to assume his death from a certain accident, - in within 6 months.

7) the onset of emergency circumstances that prevent the continuation of labor relations (military operations, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if this circumstance is recognized by a decision of the Government of the Russian Federation or a public authority of the relevant subject of the Russian Federation;

8) disqualification or other administrative punishment, excluding the possibility of the employee fulfilling obligations under an employment contract;

Disqualification is the deprivation of an individual of the right to borrow leadership positions in the executive body of the legal entity for a period of 6 months to 3 years. In addition to disqualification, there may also be expulsion from the territory of the Russian Federation of a foreign citizen (or stateless person) who was in an employment relationship with an employer.

9) expiration, suspension for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, the right to carry weapons, other special rights) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee to fulfill the obligations under the employment contract;

10) termination of access to state secrets, if the work performed requires such access;

11) cancellation of a court decision or cancellation (recognition as illegal) of a decision of the state labor inspectorate on the reinstatement of an employee at work.

An employment contract is terminated due to a violation of the rules for its conclusion established by the Labor Code of the Russian Federation or other federal law, if the violation of these rules excludes the possibility of continuing work, in the following cases:

the conclusion of an employment contract in violation of a court verdict depriving a particular person of the right to hold certain positions or engage in certain activities;

conclusion of an employment contract for the performance of work that is contraindicated for this employee for health reasons in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts Russian Federation;

the absence of an appropriate document on education, if the performance of work requires special knowledge in accordance with a federal law or other regulatory legal act;

the conclusion of an employment contract in violation of the decision of a judge, body, official authorized to consider cases of administrative offenses, on disqualification or other administrative punishment that precludes the employee from fulfilling obligations under an employment contract, or the conclusion of an employment contract in violation of the restrictions, prohibitions and requirements established by federal laws concerning the involvement in labor activity of citizens dismissed from the state or municipal service;

in other cases stipulated by federal laws.

If the violation of the rules for concluding an employment contract established by this Code or other federal law was committed through no fault of the employee, then the employee is paid severance pay in the amount of the average monthly salary. If the violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and the employee is not paid severance pay.

An employment contract is a document that describes the working relationship between a manager and a subordinate, and it specifies the rights as well as obligations of the parties. is between the two parties by mutual agreement.

You can terminate the contract. These actions will depend on the reasons and the content of the document itself. What is the procedure for terminating the employment contract at the initiative of the employee will be discussed in this article.

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Legislative regulation

Grounds for termination

The employment contract is terminated in the same way as otherwise legal action, i.e. needed to stop it specific reasons. Given the law, the grounds for termination of an employment contract by an employee are the following circumstances:

Existence of valid reasons for dismissal. These include health issues, moving, family reasons for leaving, etc.
If the internal documents have been changed and the new work rules do not suit the employee, then he has the right to terminate the agreement by.
If the employer violated the rules contained in the internal documents of the enterprise.
If an employee found or was offered a new job with more favorable conditions labor.
If the employer and the subordinate drew up a work act and the term of this agreement has expired.

Do I need to write a notice?

If the document is torn at the request of the subordinate, then he needs to in writing notify the supervisor.

In any case, the manager must not interfere with the desire of the employee.

The employee must draw up a document within a certain time frame and it must contain the following information:

The name of the enterprise, as well as the data of the head.
You must specify personal data, as well as the position occupied by the employee. The document must express a desire to terminate the working relationship.
If serious reasons are present, they must be identified.
If desired, the employee can provide a link to desired article TK RF.
The document must be numbered and signed.

You can download a sample notice of termination of the contract.

Instead of a notice, you can write a letter of resignation of your own free will addressed to the director. It needs to be written For two weeks until the termination of the employment contract.

The procedure for dismissal at the initiative of the employee

The termination of the employment relationship between the manager and the subordinate must be carried out in the proper manner, in accordance with the law. This is necessary so that the person is not called to account for the illegality of actions.

The whole process will depend on who the initiative comes from. The subordinate has the right to draw up a letter of resignation and give it to the employer. The reasons for dismissal mentioned in the application must be in accordance with the law.

When the application is completed in full, it must be submitted directly to the head of the enterprise, or to an employee of the personnel department. After the application is given, during this period of time both parties other duties and rights.

Within two weeks, the resigning person is obliged to go to work and continue to perform their job duties.

At the same time, for the entire given period of time, the employee the same salary That and up until the moment he filed his resignation. When the working period ends, the employee must issue other documents.

What should an employee do if he changes his mind about leaving?

Life often makes its own adjustments to people's plans and it happens that employee changed his mind about leaving.

If two weeks have not yet elapsed from the date of application, the employee has the right to withdraw his application.

At the same time, the manager must meet the employee halfway and has no right to interfere with him. The employee will not be able to stay at the workplace if the employer found a replacement within two weeks. Only here there is a condition - an employment contract must be concluded with a new employee.

In addition, certain citizens are allowed to change their mind about resigning even after two weeks. This applies, for example, to officers of the armed forces. If an officer has drawn up a letter of resignation and retires, then he has the opportunity reinstate his position within three months.

A lawyer will tell us about the nuances of terminating an employment contract at the initiative of an employee:

New edition Art. 80 of the Labor Code of the Russian Federation

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

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

In cases where the employee's application for dismissal on his own initiative (of his own free will) is 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 law 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.

Prior to the expiration of the notice of 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 refused to conclude an employment contract.

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

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

The procedure for terminating an employment contract at the initiative of an employee is determined by Article 80 of the Labor Code of the Russian Federation. This article gives the employee the right to early termination of the employment contract at his own request, without making this desire dependent on the motives that the employee is guided by in this case - they can, in principle, be any.

Early termination of the employment contract at the initiative of the employee is preceded, as already noted, by a written warning to the employer, which must be sent to the latter no later than 2 weeks before the expected date of dismissal of the employee. It is noteworthy that such an application must be submitted by the employee, regardless of whether he is "on duty" or, say, on sick leave.

Accordingly, when applying for a job (for example, after a vacation), the employee must proceed from the fact that, in the general case, the employment contract with him will be terminated on the 15th day after the application is submitted. Upon the expiry of the termination notice period, the employee has the right to stop work.

However - and dear readers should pay special attention to this - by agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice of dismissal, i.e. earlier than 14 days later. To do this, the employee must indicate in a written application the desired date of dismissal.

For its part, the employer may satisfy this request of the employee, or may refuse to do so. However, in cases where the submission of a written application for early termination of the employment contract at the initiative of the employee is due to the impossibility of continuing his work, for example, in connection with enrollment in educational institution, retirement and other similar reasons, as well as in cases of established violation by the employer of laws and other regulatory legal acts containing labor law norms, the terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified by the employee in the application .

On the other hand, Article 80 of the Labor Code of the Russian Federation gives the employee the right to withdraw a previously submitted written application at any time before the expiration of the notice of dismissal. The occurrence of such a situation, which in practice, by the way, is by no means rare, suggests two options for resolving it:

1. At the time of the employee's withdrawal of a written application for early termination of the employment contract, another employee was not invited in writing to the position (workplace) vacated by him.

In this case, the employer does not have the right to refuse the “reasoned” employee to continue working on the conditions provided for “almost” by the unterminated employment contract. Thus, if after the expiration of the term of notice of dismissal, the employment contract has not been terminated and the employee no longer insists on dismissal, continuing to perform the work assigned to him in accordance with the employment contract (labor function), then the employment contract continues until the circumstances that make it possible legal termination.

2. At the time of the employee’s withdrawal of a written application for early termination of the employment contract for the position (workplace) he is vacating, the employer invited another employee in writing, who - we emphasize this - in accordance with the Labor Code of the Russian Federation and other federal laws cannot be denied conclusion of an employment contract. Let's explain this with the following example:

For the position of employee Lukin L.L., who submitted a written application with a request for dismissal of his own free will, a few days after that, employee Novikov N.N. was invited in writing. At the same time, for Lukin L.L. the work performed by him was the main one, and Novikov N.N. invited to work as a partner.

Three days before the end of the warning period, Lukin L.L. filed a written application addressed to the employer with a request to continue working in the same capacity. In this situation, the employer has the right:

b) to offer Novikov N.N. performance of work as the main one and, if the latter agrees, expressed in the form of a written application, notify Lukin L.L. that an employee has been invited in writing to take his place, for whom this work will also be the main one. However, in case of refusal of Novikov N.N. from performing work as the main one, in turn, may be denied this work, since Lukin L.L. is still ready to fulfill it precisely as the main one (as it was stipulated by the employment contract previously concluded with him);

c) in case of consent of Novikov N.N. to perform work previously performed by Lukin L.L., as the main employer may (but is not obliged) to offer Lukin L.L. another job available at the enterprise and, with the consent of Lukin L.L., accept him at the enterprise in a new capacity, having previously terminated the employment contract with him on the basis provided for in Article 80 of the Labor Code of the Russian Federation, and then concluding a new employment contract with the employee.

On the dismissal of an employee on the grounds provided for in Article 80 of the Labor Code of the Russian Federation, the employer issues an appropriate order. On the basis of the order to dismiss the employee, other necessary documents are drawn up.

Another commentary on Art. 80 of the Labor Code of the Russian Federation

1. Article 80 of the Labor Code of the Russian Federation regulates the procedure for terminating, at the initiative of the employee, both a fixed-term employment contract before its expiration, and an agreement concluded for an indefinite period. The previous legislation established restrictions on the ability of an employee to terminate a fixed-term employment contract ahead of schedule (Article 32 of the Labor Code), reasonably based on the fact that the condition on the term is one of the many conditions that make up the content of the employment contract, due to which an unmotivated unilateral violation of this condition is contrary to the universal principle of contract law - "contracts must be performed."

2. By virtue of Part 1 of Art. 80 of the Labor Code of the Russian Federation, the will of the employee to terminate the employment contract must be expressed in writing. All other forms of such expression of will have no legal significance. The initiative of the employee, aimed at unilateral termination of the employment contract, is usually expressed in the form of an appropriate written statement.

In practice, it is not uncommon for an employer to delay making a settlement with an employee and issuing a work book to him, citing the fact that the employee did not fill out the so-called bypass sheet, did not hand over the accepted material values etc. This kind of practice is not provided for by the current labor legislation, and therefore is illegal. Moreover, after the expiration of the term of notice of dismissal, the employee has the right to stop working, and the employer is obliged to issue him on the day of dismissal (the last day of work) a work book and, upon a written request from the employee, copies of documents related to work, as well as pay all amounts due to him from the employer (see art., to them).

3. Termination of the employment contract at the initiative of the employee is possible at any time and without indicating the grounds for dismissal. At the same time, without restricting the right of the employee to freely quit at his own request, the legislator connects the onset of various kinds of legal consequences with the presence of certain reasons for such dismissal. So, in accordance with paragraph 1 of Art. 29 and Art. 30 of the Law of the Russian Federation of April 19, 1991 N 1032-1 "On Employment in the Russian Federation" the reasons for dismissal, a list of which is given in this Law, affect the amount of scholarships paid to citizens during the period vocational training, retraining and advanced training in the direction of the employment service, as well as the amount of unemployment benefits. Reasons for dismissal of one's own free will, listed in paragraph 1 of Art. 29 are confirmed by entries in the work book. Therefore, the reason for dismissal must be indicated not only in the employee’s statement, the order to terminate the employment contract, but also in the work book.

4. The decision to dismiss at will must be an act of free will of the employee, otherwise it is impossible to talk about the termination of the employment contract on his initiative. In this regard, the Supreme Court of the Russian Federation draws the attention of the courts to the need to proceed from the fact that the termination of an employment contract at the initiative of an employee is permissible in the case when the filing of an application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a letter of resignation of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee (subparagraph "a", paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 ). However, the threat of the employer to terminate the contract with him on his own initiative cannot be considered as forcing the employee to resign at his own request, provided that the employer had the grounds for this, provided for by law (see).

5. If, before the expiration of the notice period for terminating the employment contract, the employee refused to be dismissed of his own free will, he is considered not to have submitted an application and cannot be dismissed on the grounds under consideration. An exception is the case when another employee is invited in writing to replace the resigning employee, who, by virtue of the law, cannot be refused to conclude an employment contract. The wording of Art. 80 of the Labor Code of the Russian Federation is quite unambiguous: we mean only those cases when another employee is invited to the place of an employee leaving of his own free will, moreover, in writing, i.e. a person employed by another employer who is dismissed as a transfer to this employer(see, to them). Accordingly, all other guarantees established by law for concluding an employment contract (see to it) do not apply to the situation provided for by the commented article. For example, a voluntary resignation letter cannot be denied to an employee on the grounds that the job is to be filled by a pregnant woman who is promised the job.

When granting leave from subsequent dismissal in the event of termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his letter of resignation before the day the vacation begins, if another employee is not invited to his place in the transfer order (see). If during the period of vacation the employee is temporarily unable to work, as well as for other valid reasons, the vacation is subject to extension for the appropriate number of days (see also the commentary to it), while the day of dismissal is considered the last day of the vacation. However, if the employee insists on terminating the employment contract from the originally determined date, his claim must be satisfied.

Since the law provides for a mandatory written form for submitting an application for dismissal of one's own free will, it should be assumed that the employee's will to cancel this application should be expressed in the same form.

6. In accordance with Part 6 of Art. 80 of the Labor Code, if after the expiration of the notice of dismissal the employment contract has not been terminated and the employee does not insist on dismissal, then the contract continues. Thus, the fact of the expiration of the work period by the employee excludes the possibility for the employer to terminate the employment contract on the basis in question, if "the employee does not insist on dismissal." The last wording is broad and vague. It should be assumed that it covers the case when, after the expiration of the term of notice of dismissal, the employee went to work and was admitted to it (that is, continued to fulfill the obligations under the employment contract). At the same time, part 6 of Art. 80 should also apply when the employee expressed a desire to continue working, was not admitted to it, however, the employer delayed the issuance of a work book, other documents related to work required by the employee, as well as settlement with him.

The forms in which an employee can "insist on dismissal" are not defined by law. The most obvious is the termination of work after the expiration of the termination notice; however, the will of the employee in other forms is not excluded during the continuation of work. In the latter case, the dismissal must be carried out within other terms agreed by the parties.

It should be borne in mind that the employee's requirement in question has legal meaning only at the time of expiration. If the employment contract was not terminated after the expiration of the working period, the employee continued to work, and subsequently demanded the termination of the employment contract with him with reference to Part 6 of Art. 80, such a requirement cannot be recognized as legitimate: the employment contract must be terminated according to the rules established by Art. 80, including with working out due date layoff notices.

7. The period of notice by the employee of the employer about the upcoming dismissal is determined by labor legislation. In accordance with Article 80 of the Labor Code of the Russian Federation, an employee, when terminating an employment contract, is obliged to notify the employer in writing no later than two weeks in advance. Therefore, a notice of dismissal of one's own free will can be made earlier than two weeks in advance. A temporary or seasonal worker must notify the employer of this three days in advance (see art.,). The same period is provided for when an employee is dismissed of his own free will during the test period (see also the commentary to it). The head of the organization has the right to terminate the employment contract ahead of schedule by notifying the employer (owner) of the organization's property no later than one month in advance (see to it). The expiration of the term begins on the next day after the calendar date on which the submission of the application is determined (see to it).

The absence of an employee at work for good reasons (for example, due to temporary disability) is not a basis for extending the period of working out upon dismissal of one's own free will. At the same time, the employee's refusal to dismiss may be declared by the employee during the period of his absence from work for the specified reasons.

As a general rule, unilateral reduction of the working period is not allowed. So, if an employee left work without having worked out the period established by law, then this fact is regarded as absenteeism, giving reason to dismiss the employee at the initiative of the employer (). In the same time arbitrage practice proceeds from the fact that an arbitrary, without agreement with the employee, reduction in the period of working off or dismissal without working off gives the employee a reason to demand reinstatement at work with payment for forced absenteeism.

There is one exception to this rule where the reduction is due to good reasons, a list of which is given in Part 3 of Art. 80 of the Labor Code of the Russian Federation. Among such cases, one can indicate the entry of an employee into military service under a contract (see).

The fact that an employer violates laws and other regulatory legal acts containing labor law norms, the terms of a collective agreement, an agreement or an employment contract, as a circumstance obliging the employer to terminate the employment contract within the period specified in the employee’s application, can be established, in particular, by the bodies exercising state supervision and control over compliance with labor legislation, trade unions, commissions for labor disputes, court (part 2, sub-item "b", paragraph 22 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2).

In these cases, the employer is obliged to terminate the employment contract within the period requested by the employee.

In all other cases, regarding the termination of the employment contract at the initiative of the employee without working off the period established by law or with a reduction in this period, the consent of the parties must be reached (subparagraph "b", paragraph 22 of the said Resolution of the Plenum of the Supreme Court of the Russian Federation). It can be expressed in the form of a written statement of the employee about the dismissal of his own free will, indicating in it the conditions for dismissal without working off or with a reduced term of working off, or the corresponding order of the employer containing the signature of the leaving employee. Strictly speaking, since the law (part 2 of article 80 of the Labor Code of the Russian Federation) does not provide for a form of agreement between the employee and the employer regarding the period of working out upon dismissal of one's own free will, such an agreement can also be reached orally. However, one should take into account the difficulties of proving the existence of this agreement.

8. It should be assumed that, as a general rule, if there is another reason for terminating an employment contract - for example, a change in the owner of an organization (see to it), an employee’s refusal to continue working due to a change essential conditions employment contract (see), refusal to transfer to another job in accordance with a medical report, refusal to transfer in connection with the employer’s relocation to another locality (see to it) - priority should be given to the employee’s expression of will on dismissal of his own free will.

In addition, at the request of an employee whose dismissal is recognized as illegal, the court may confine itself to making a decision on the recovery of average earnings in his favor during forced absenteeism and on changing the wording of the grounds for dismissal to dismissal of his own free will (see). The submission by an employee of a written application for dismissal of his own free will cannot be considered a circumstance that excludes the possibility of terminating an employment contract with him at the initiative of the employer - if there are grounds for this established by law.