Dismissal from the civil service at your own request. How does the dismissal of a municipal employee occur at his own request?

Life is like a movie! Why wasn't Novoseltsev fired?

Removal from work of a person at his own request is so popular that it often became one of the plot lines in cinema.

Take, for example, the film “Office Romance” and Novoseltsev writing a letter of resignation. Anatoly Efremovich was not calculated; a quarrel with his boss ended in a wedding.

Indeed, if the employment contract is not terminated and the resignation letter is not accepted, then the employment agreement is continued. An employee may terminate his or her employment contract by giving his or her supervisor at least two weeks' notice before leaving.

This is done in writing. But if the employment contract was concluded for only two months, the employee was hired for a probationary period, or he performed seasonal work, then he must give three days’ notice of his dismissal.

If the application was written by a coach or athlete, the terms of dismissal are doubled, and the employment contract is canceled after a month.

It should be taken into account that with the consent of the employer, it is possible to pay before any deadline specified in the Labor Code of the Russian Federation.

If the dismissal is a consequence of the fact that a person, due to some objective circumstances, cannot continue his work, then the manager is obliged to cancel the employment contract within the period established by the employee himself. This could be, for example, if a person entered a university.

On his final working day, the subordinate takes the paycheck and applies for a work book.

It is these actions that mean that all material relations with the employer are terminated.

That’s why in “Office Romance” “mymra” did not accept the statement from her lover, although TK at that moment was somewhat different.

If full payment is refused, the manager will financially compensate for any day associated with delay.

Cash compensation must be paid based on average earnings, up to the day of final payment and delivery of his work book to the dismissed employee.

The period is counted from the moment the application is submitted to the manager. Applications are written both by hand and printed. There is no special form for it.

It is necessary to indicate who the application is intended for, who it is from, indicate the positions occupied by the boss and the worker, and clearly indicate that the dismissal is made at one’s own request.

You must indicate a specific date for your final day of work at the institution.

If, after the date determined by the employee himself, he did not stop working and did not demand termination of his employment contract, then the previously submitted application completely loses all legal force.

The employee will not be considered dismissed.

The procedure for dismissing the head of a city settlement at his own request

carries out general management of the activities of the Administration of the urban settlement of Lesnoy, its structural divisions to resolve all issues within the competence of the Administration of the urban settlement of Lesnoy; 2) represents the Administration of the urban settlement of Lesnoy in relations with the population, local governments of other municipalities, government bodies, judicial authorities and the prosecutor's office, enterprises, institutions, organizations, public associations in the Russian Federation and abroad, acts on behalf of the Administration without a power of attorney of the urban settlement of Lesnoy, including appearing in court, issuing powers of attorney to represent the interests of the Administration of the urban settlement of Lesnoy; 3) organizes the development (drafting) of the draft budget of the urban settlement of Lesnoy and submits it for approval to the Council of Deputies of the settlement; initiates the submission for consideration of the Council of Deputies of the urban settlement of Lesnoy of draft normative legal acts providing for the establishment, amendment and abolition of local taxes and fees, expenditures from the settlement’s budget (or gives appropriate conclusions on them); 6) on behalf of the Administration, exercises the rights of the owner in relation to the municipal property of the urban settlement of Lesnoy, carries out the formation, management and disposal of the municipal property of the settlement, including the development of a forecast plan for the privatization of municipal property, owns, uses and disposes of the municipal property of the urban settlement of Lesnoy; 7) on behalf of the Administration, accepts escheated property in the prescribed manner, which, in accordance with the legislation of the Russian Federation, passes by inheritance into the ownership of the urban settlement of Lesnoy, receives a certificate of the right to inheritance of escheated property; concludes lease agreements for land and real estate that are municipally owned, makes decisions on the provision or withdrawal of land plots in accordance with current legislation; 10) organizes the development of draft plans and programs for the development of the settlement and submits them, as well as a report on their implementation, for approval to the Council of Deputies of the urban settlement of Lesnoy; 12) determines the staff and number of the Administration of the urban settlement of Lesnoy and its bodies, establishes wage funds for their employees within the limits of the funds provided for these purposes by the budget of the urban settlement of Lesnoy; 13) appoints and dismisses deputy heads of the Administration of the urban settlement of Lesnoy, heads of structural divisions, officials of the Administration of the settlement and heads of its bodies, hires and dismisses other employees of the Administration of the urban settlement of Lesnoy, and also decides on the application of disciplinary measures to them ; 14) within the limits of its powers established by federal laws, laws of the Moscow region, this Charter, regulatory legal acts of the Council of Deputies of the urban settlement of Lesnoy, issues resolutions of the Administration of the urban settlement of Lesnoy on issues of local importance and issues related to the implementation of certain state powers delegated to local authorities self-government by federal laws and laws of the Moscow region, as well as orders of the Administration of the urban settlement of Lesnoy on the organization of the work of the Administration of the urban settlement of Lesnoy; 15) within the limits of its powers, organizes the execution of decisions taken at a local referendum of the settlement, as well as decisions of the Council of Deputies of the urban settlement of Lesnoy on issues of local importance; 16) exercises the powers delegated to him by the local government bodies of the Pushkin municipal district in accordance with current legislation; 17) ensures the exercise by the Administration of the urban settlement of Lesnoy of powers to resolve issues of local importance and certain state powers transferred to local government bodies by federal laws and laws of the Moscow region; 20) carries out personal reception of citizens, considers proposals, applications and complaints of citizens, makes decisions on them, organizes reception of citizens by officials of the Administration of the urban settlement of Lesnoy; 21) on behalf of the Administration of the urban settlement of Lesnoy, in the manner established by the Council of Deputies of the urban settlement of Lesnoy, makes decisions on the creation, reorganization and liquidation of municipal enterprises and institutions, determines the goals, conditions and procedure for their activities, approves their charters, appoints and dismisses them managers; 22) makes a decision on the establishment by the Administration of the urban settlement of Lesnoy of a printed mass media for the publication of municipal legal acts, discussion of draft municipal legal acts on issues of local importance, bringing to the attention of residents official information about the socio-economic and cultural development of the urban settlement of Lesnoy, on the development of its public infrastructure and other official information;

When voting on the issue of electing the Head of a city settlement, each deputy can vote for only one candidate. If, as a result of voting on the issue of electing the Head of a city settlement, none of the candidates received the number of votes required for the election of deputies of the Council of Deputies of the city settlement, then the procedure for nominating candidates and voting on this issue is carried out again until any of the candidates is elected more than half of the deputies from the established number of deputies of the Council of Deputies of the urban settlement will not vote for the position of Head of the urban settlement. Early re-election of the Head of an urban settlement by the Council of Deputies of an urban settlement of one convocation is allowed only in the event of early termination of the powers of the Head of an urban settlement on the grounds provided for by the current legislation and this Charter.

Payments

Recipient payments:

salary, already earned by that time, corresponding to the official’s class;
payment of bonus;
compensation for special working conditions;
for working with restricted information;
additional payment for total length of service in state budgetary structures;
make a refund for unused vacation;
compensation for unused financial aid.

We invite you to familiarize yourself with: Termination of a municipal contract Acts, samples, forms, contracts Consultant Plus

The employer bears financial responsibility for the delay in labor documentation in the amount of the employee's monthly salary, as well as the obligation to pay compensation for the delay of all amounts that were not paid upon dismissal.

Typically, the employer justifies his actions by the fact that the employee has a debt. If he is a financially responsible person, then, for example, he must reimburse some amounts to the employer. And until these amounts are reimbursed, the work book will not be issued. These actions by the employer are illegal. If the employee actually caused material damage, then the employer has every right to recover it through the court within three years from the date of causing this damage.

Council of Municipalities

According to paragraph 2 of part 6 of Article 36 of the Federal Law of October 6, 2021 No. 131-FZ, the powers of the head of a municipal entity are terminated early in the event of resignation of his own free will. In this regard, the head of the municipal entity issues a legal act (if the head of the municipal entity heads the local administration, he issues a legal act in the form of an order of the local administration) on resignation at his own request. This act should indicate that the powers of the head of the municipality are terminated in accordance with paragraph 2 of part 6 of Article 36 of the Federal Law of October 6, 2021 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation” from a certain time (indicating the hours and minutes, date). It is also necessary to determine, in accordance with the provisions of the charter of the municipality, a local government official who will temporarily fulfill the powers of the head of the municipality from the specified time. The order of the local administration must come into force from the moment it is signed.

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According to paragraph 8 of Article 36 of the said Federal Law, in the event of early termination of the powers of the head of a municipal entity elected in municipal elections, early elections of the head of the municipal entity are held within the time limits established by federal law. In turn, Federal Law No. 67-FZ dated June 12, 2021 “On basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation” establishes that in the event of early termination of powers of bodies or deputies, entailing the incompetence of the body, early elections must be carried out no later than six months from the date of such early termination of powers.

Who will fire the boss?

Oddly enough, problems can arise in connection with the dismissal of the director of any enterprise from his place of work.

A patron who wields the rod of omnipotence faces quite serious legal difficulties.

According to Art. 280 of the Labor Code of the Russian Federation, the manager is obliged to announce his dismissal thirty days before the date of resignation. Who should be notified? It all depends on the form of the enterprise.

For example, the general director of an LLC must organize a convocation of participants. At the general meeting he will notify them of his dismissal. The director cannot be refused dismissal in accordance with Art. 37 of the Constitution.

The dismissal is considered to have taken place after a month, after which it is formalized by order. From this moment on, the former manager is not a responsible person.

When changing the director of the company, an application (form No. P14001) and a decision of the public meeting are submitted to the tax office.

If a new director has not yet been hired, the company is recommended to resort to the help of a notary or archive, which for a while will take responsibility for storing documents and other important things, such as seals.

If the enterprise is municipal or state-owned, then the owner, most often this is the administration, must consider the application.

It is no secret that bosses sometimes persistently make attempts to expel employees “of their own free will.” Why? It is this form of dismissal that relieves the manager of a huge number of obligations.

Therefore, if the director forces someone to submit such an application, then, without wasting time, you need to rush to write a letter to a higher authority, notifying you of your reluctance to leave the workplace.

And immediately withdraw the application.

The letter must be registered with the secretariat or sent by mail with notification.

A person also needs to watch the documents that are given to him to sign, because a cunning boss can slip a paper in which the person confesses to the murder of Comrade Stalin.

Labor record upon resignation of the head of local government at his own request sample

10 tbsp. 37). Conventionally, all these grounds can be divided into three groups: 0 coinciding with the grounds for termination of an employment contract provided for by the Labor Code of the Russian Federation - death, agreement of the parties, recognition by the court as missing or declared dead, conscription for military service or assignment to an alternative civil service replacing it; O coinciding in whole or in part with the grounds for termination of an employment contract provided for by the Federal Law of the Federal Law “On Municipal Service in the Russian Federation” (hereinafter referred to as Federal Law 25-FZ) - recognition by the court as incompetent or partially capable, the entry into force of a court conviction, termination of citizenship of the Russian Federation and citizenship of a foreign state - a party to an international treaty of the Russian Federation, acquisition of citizenship of a foreign state or obtaining a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation on the territory of a foreign state; O being special, i.e.

The HR specialist will refer to Article 81 of the Labor Code of the Russian Federation. If the dismissal is by way of transfer, the entry in the employment record must first be made “dismissed by way of transfer”, and then “accepted”. Actions are regulated by paragraph 5 of Art.

Frequently asked questions about reducing the notice period for dismissal

The law establishes the conditions for reducing the two-week period:
By agreement of the parties, expressed in writing, no oral agreements are allowed. Otherwise, dismissal for absenteeism if the procedure is not followed.
Retirement of an official.
Upon admission to an educational institution.
Detected episodes of violation by the employer of the norms of the Labor Code of the Russian Federation, local regulations, collective agreements, labor agreements, confirmed by administrative documents or court decisions. That is, certain decisions of the labor inspectorate, decisions of the district court, and the like.
Appointment to another post.

Under these circumstances, dismissal will take place on the day indicated by the employee’s statement.

During the two-week period after writing the application, the civil servant has the right to change his mind and cancel his application, and this must be documented.

Dismissal of the head of administration at his own request

In accordance with Part 10 of Article 40 of the Federal Law of October 6, 2021 No. 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation” (hereinafter referred to as Federal Law No. 131-FZ), one of the grounds for early termination of the powers of the head of a municipality is “ voluntary resignation." It should be noted that the procedure for the resignation of the head of a municipal entity by Federal Law No. 131-FZ is not established. It is advisable to enshrine it in the charter of the municipality. From our point of view, this procedure should be carried out as follows. The head of a municipal entity who decides to resign of his own free will sends a corresponding application to the representative body.

The resignation of the head of the settlement at his own request is carried out by sending a corresponding application in writing to the Council of the settlement. If the settlement council does not accept the resignation, the head of the settlement has the right to resign after two weeks from the date of filing the application with written notification of the settlement council. In the event of early termination of the powers of the head of the settlement, additional elections are held in the manner and within the time limits provided for by the legislation and municipal legal acts of the settlement. In the event of early termination of the powers of the head of the settlement, the deputy chairman of the settlement Council is obliged to convene an extraordinary meeting of the Council, at which a decision is made to call the election of a new head of the settlement. the Russian Federation, according to which a citizen of the Russian Federation who has the citizenship of a foreign state has the right to be elected to local government bodies; 10) recall by voters; 11) persistent inability for health reasons to exercise the powers of the head of the settlement established in court; 12) transformation of the settlement, carried out in accordance with parts 3, 5 of Article 13 of the Federal Law of October 6, 2021 No. 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation,” as well as in the event of the abolition of the settlement; 13) loss of the status of a municipal entity by the settlement due to its merger with the city district; 14) an increase in the number of voters in a settlement by more than 25 percent, which occurred as a result of a change in the boundaries of the settlement or the merger of the settlement with a city district. 2. RUSSIAN FEDERATION COUNCIL OF DEPUTIES OF THE STAROMELKOVSKY RURAL SETTLEMENT KONAKOVSKY DISTRICT OF THE TVERSKY REGION DECISION “04” February 2021 d. Old Melkovo No. 103 On the voluntary resignation of the Head of the Administration of the Staromelkovsky rural settlement Irina Gennadievna Meshkova and is entrusted and temporary performance of duties head of the administration of the Staromelkovsky rural settlement before assuming the post of Head of Administration on the basis of a decision of the Council of Deputies of the Staromelkovsky rural settlement and elected as a result of a competition to fill the post of Head of the Administration of the Staromelkovsky rural settlement Having considered the resignation letter at the own request of the head of the administration of the Staromelkovsky rural settlement Irina Gennadievna Meshkova, guided by subparagraph 2 paragraph 10 of article 37 of the Federal Law of October 6, 2021

How to fire the head of a local administration

Having considered N.’s cassation appeal against the court’s decision, the judicial panel of the Perm Regional Court came to the conclusion that it was canceled due to incorrect application of substantive law. At the same time, the judicial panel proceeded from the fact that the grounds for early termination of labor relations with the head of the local administration are provided for in Parts 10 and 11 of Art. 37 of the Law on General Principles of Organization of Local Self-Government. In addition, part 7 of Art. 16 of the new Law on Municipal Service directly establishes that the procedure for terminating a contract with the head of a local administration appointed to a position based on the results of a competition is determined by the Law on General Principles of the Organization of Local Self-Government.

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It should be noted that many regional legislators simply ignore this issue, without defining in their laws cases of termination of a contract with the heads of local administrations. As a result, judicial practice on this issue is also very contradictory.

The procedure for dismissing the head of a city settlement at his own request

To the head of the Staromelkovsky rural settlement, A.N. Zaitseva. issue an order to terminate the employment contract - contract dated October 16, 2021 with the Head of Administration of the Staromelkivsky rural settlement Meshkova I.G. and dismissal under clause 3 of Article 77 of the Labor Code of the Russian Federation. From our point of view, this procedure should be carried out as follows. The head of a municipal entity who decides to resign of his own free will sends a corresponding application to the representative body.

A candidate is considered elected to the position of Head of a city settlement if, as a result of voting, more than half of the established number of deputies of the Council of Deputies of the city settlement voted for his candidacy. When voting on the issue of electing the Head of a city settlement, each deputy can vote for only one candidate.

Dismissal due to expiration of the head's term of office

Please tell me, when the head of the district is dismissed due to the expiration of his term of office, which article of the labor code should be applied. The position was elective; the procedure for taking office has now been changed, i.e. not in general elections, but from among the deputies. There was no contract. Thanks in advance.

The procedure for serving in municipal positions (not to be confused with municipal service positions) by elected officials of local governments is regulated by special legislation.

The procedure for dismissing the head of a settlement at his own request

According to Article 80 of the Labor Code of the Russian Federation, an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal laws. The specified period begins the next day after the employer receives the employee’s resignation letter.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book, other documents related to the work, and make final payments to him.

Dismissal from civil service procedure and rules

In order to resign, a municipal (in local authorities) or civil servant must first inform management about it. This is done in the form of an application. A sample application can be obtained by contacting the HR department. There is no need to indicate a reason, except in cases where the dismissal is related to retirement or employment in an elective position.

You only need to choose the official form, that is, get it from the organization where you are serving, since they differ. In the case where a person downloaded a sample from the Internet, then most likely the application will have to be written again. After the termination of the employment relationship, a personal file is drawn up for each employee, which is then stored in the archive.

Kostroma news

But even these fines pale in comparison to regulations that are simply not feasible. The heads of rural settlements speak. For example, in Karavaevo one of the kindergartens cannot obtain a license. Sanitary inspectors are demanding another locker room be built in the building. But there is no physical space for this. And children continue to queue for a place in kindergarten. Another example. Based on the results of a joint inspection by the traffic police and the prosecutor's office, most rural settlements in the Kostroma region were required to repair their roads. The deadline is until summer. But the cost of work for almost all of them is several times higher than the income of local budgets.

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www.gtrk-kostroma.ru Seven heads of rural settlements in the region resigned last year of their own free will. And this trend is observed not only in our region. The reasons for the flight of municipal leaders from their posts were discussed at the Council for the Development of Local Self-Government under the President of Russia. The heads themselves say: one of the main reasons discouraging the desire to work is endless inspections by supervisory authorities and excessive fines for unfulfilled orders.

The procedure for dismissing the head of a settlement at his own request

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in the case under consideration is not carried out unless another employee is invited in writing to fill the vacant position, who, by virtue of federal law, cannot be denied a new contract.

Reasons

The list of grounds is determined by the labor code, for example:

change of place of residence;
moving to another job in another area;
child care until the age of 14;
caring for a child with disabilities.

The list is far from exhaustive and has a lot of points.

The first question that arises is when can a civil servant write a letter of resignation.

Sample application for resignation of a civil servant at his own request

You can submit a document not only during the actual period of work, but also during a period of temporary disability or while on vacation. The only requirement is that the employer must receive a written statement from the official, and he must have confirmation of receipt of this statement by the employer.

For this purpose, the application is written in two copies. One of the copies is submitted to the personnel department, and on the second a note of acceptance is made indicating the date when the application was accepted and the person who accepted it. You can send your application by registered mail with notification of receipt. Accordingly, the date indicated in the notice of receipt will be the date from which the countdown of the two-week period from the date of notice of dismissal begins.

If the employer does not agree with the official’s departure or does not want to let him go, the employment contract will still be terminated after two weeks. In this case, the employer’s approval is not required to terminate the employment relationship.

Sample order for dismissal of a civil servant at his own request

In accordance with the Labor Code, the employee lawfully terminates his activities, and the employer is obliged to issue a work book on the final day and make a full payment. Pay all amounts due upon dismissal from state or municipal service at the initiative of the employee.

Sample entry in the labor report on the dismissal of a civil servant at his own request

How to properly dismiss the head of a settlement at your own request

On the day of dismissal, the employer is obliged to give the employee his work book with a notice of dismissal included in it and make a final settlement with him. Entries about the reasons for dismissal in the work book must be made in strict accordance with the wording of the current legislation and with reference to the relevant article, paragraph of the law.

Our lawyer will help you. On the voluntary resignation of the Head of the Administration of the Staromelkovsky Rural Settlement, Irina Gennadievna Meshkova, and on the assignment of temporary duties as the Head of the Administration of the Staromelkovsky Rural Settlement until assuming the post of Head of Administration on the basis of a decision of the Council of Deputies of the Staromelkovsky Rural Settlement and elected by the results of a competition to fill the position of the Head of the Administration of the Staromelkovsky Rural Settlement settlement Having considered the resignation letter at the own request of the head of the administration of the Staromelkovsky rural settlement, Irina Gennadievna Meshkova, guided by subparagraph 2 of paragraph 10 of Article 37 of the Federal Law of October 6. To do this, the employee draws up a resignation letter addressed to the head of the organization. The document is drawn up by hand or the resignation letter form is printed out on a computer and then signed by the employee. The employee has the right to withdraw his application at any time until the notice period for dismissal has expired.

Application for dismissal from civil service: sample

In 2021, the laws do not establish a uniform application form for everyone, which is written when a person wishes to resign from service. In this regard, it is compiled in free form or according to the format that is used in each specific organization. However, there are rules that must be followed when writing:

must be written by hand, that is, typewritten applications are not accepted;
must be addressed directly to the employer or his representatives, and not to the head of the department in which the service took place.

Legal advice on the early resignation of the head of a rural settlement at his own request

The classification of information products is carried out in accordance with the requirements of this Federal Law into the following categories of information products: 1) information products for children under the age of six; 2) information products for children over the age of six; 3) information products for children over the age of twelve; 4) information products for children over the age of sixteen; 5) information products prohibited for children (information products containing information provided for in Part 2 of Article 5 of this Federal Law). GARANT: On determining the age limit of the main television program, taking into account the content of the “creeping line” messages, see the information of Roskomnadzor dated January 22, 2021. Information on changes: Federal Law dated July 2, 2021.

The head of a rural settlement wrote a letter of resignation due to illness

It is advisable to enshrine it in the charter of the municipality. From our point of view, this procedure should be carried out as follows. The head of a municipal entity who decides to resign of his own free will sends a corresponding application to the representative body.

The powers of the Head of the Bronnitsky rural settlement are terminated early in the event of non-compliance with restrictions, prohibitions, failure to fulfill duties established by the Federal Law of December 25, 2021 No. 273-FZ “On Combating Corruption”, Federal Law of December 3, 2021 No. 230-FZ “On the Control of compliance of expenses of persons holding public positions and other persons with their income”, Federal Law of May 7, 2021 No. 79-FZ “On the prohibition of certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks, located outside the territory of the Russian Federation, own and (or) use foreign financial instruments” - from the date the authorized body establishes the relevant facts.

Self-recusal of a deputy of a rural settlement

11. The decision of the representative body of a municipal formation on the early termination of the powers of a deputy of the representative body of a municipal formation is made no later than 30 days from the date of appearance of the grounds for early termination of powers, and if this basis appeared during the period between sessions of the representative body of the municipal formation - no later than three months from the date of appearance of such grounds.

Thus, you need to submit your resignation of your own free will to the council of deputies of the rural settlement. The Council of Deputies is obliged to make a decision on early termination of powers within 30 days (or 3 months if it is on vacation).