Dismissal at one's own request under the Labor Code
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
If a person was forced to write a statement, then it is impossible to talk about his own initiative in this matter. If the employee as a result filed a lawsuit and claims that he wrote the statement under pressure from management, then he will have to prove this, but in any case this fact will be verified.
Which article of the Labor Code of the Republic of Kazakhstan should be indicated upon dismissal of one's own free will?
According to this article, an employee has the right, on his own initiative, to terminate an employment contract by notifying the employer in writing at least one month in advance, except for the cases provided for in paragraph 4 of this article.
At the same time, the legislation allows, by agreement between the employee and the employer, to terminate the employment contract before the expiration of the notice period. In your case, the last day of work will be November 28 and calculations will be carried out until November 28 inclusive.
Article 31 of the Labor Code of the RSFSR, dismissal when canceled
Federation and the Supreme Council of the Russian Federation, 1992, N 41, art.
Upon expiration of the notice period for dismissal, the employee has the right to terminate
work, and the administration of the enterprise, institution, organization is obliged to issue
employee’s work book and make payments to him.
By agreement between the employee and the administration, an employment contract
(contract) can be terminated before the expiration of the notice period for dismissal
(as amended by the Decree of the Presidium of the Supreme Soviet of the RSFSR dated February 5, 1988 - Vedomosti
Supreme Council of the RSFSR, 1988, N 6 art. 168); (as amended by the Law of the Russian Federation
dated September 25, 1992
Dismissal of the LLC director at his own request
Federal Law No. 129 states that if a legal entity changes information about its manager, it is obliged to report this to the Federal Tax Service in order to make amendments to the Unified State Register of Legal Entities. The notification process takes place by filling out an application (form P14001). Entities that have the right to submit such an application for state registration are specified in Federal Law No. 129.
The obligations and rights of the employer are carried out by the management bodies of the LLC, which is prescribed in the Labor Code of the Russian Federation (Article 20). As for the rights and obligations of the general director, they are also fixed by law, but in Article 33 of Federal Law No. 14. It is also stated here that the hiring of such an employee and his release from duties is the right of the general meeting.
Labor Code voluntary dismissal
1. I just got a job and they deducted me for an audit. Do they have the right? What measures need to be taken? 2) I am resigning, I was told that 2000 rubles will be withheld from me for a future audit. Do they have the right to do this?
The administration does not have the right to forcibly keep at work a person terminating an employment contract who has a debt to it, or in the case where the employee, being a financially responsible person, has not transferred the affairs to his successor. All problems are resolved after dismissal, again in court.
Article 31 of the Labor Code of the Russian Federation: dismissal for caring for a child under 8 years old
What are my next steps?
PF doesn’t care what link the article is to, the main thing is that there are deductions, am I wrong?
That one-day organization was sold to Vasya, a homeless person, you understand the consequences.
I send the employee to an organization that will have to provide a certificate
Your task is to make YOUR own entries correctly, and not try to correct someone else’s.
I worry when the entries in TC are incorrect
The opinion of the forum administration may not coincide with the opinion of the forum participants. The forum administration is not responsible for messages posted by forum participants.
At the same time, we kindly ask participants not to violate the current legislation when communicating: when quoting someone’s works, do not violate the rights of authors, do not disseminate false information that defames anyone, do not disclose anyone’s personal data, etc.
Gubin Alexander
If an employee claims in court that the application for resignation of his own free will was submitted involuntarily, this circumstance must be verified by the court. The responsibility to prove the “forced” dismissal lies with the employee.
Accountant Sergeeva A.A. June 03, 2012 If an employee submits an application to refuse dismissal of his own free will, the employee cannot be dismissed 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.
We recommend reading: Inheritance, who is first in line for
Article 31 of the Labor Code of the RSFSR, dismissal for caring for a child under 14 years of age
At the same time, when an employee is dismissed, column 2 of the work book indicates the date of dismissal (last day of work). Therefore, the last day of work (date of dismissal) should be considered June 30, 2000.
To clarify the date of dismissal, we suggest requesting from the previous employer (if possible) a dismissal order, which is indicated in the work book, on the basis of which the entry was made in the work book.
3 tbsp. 84.1 of the Labor Code of the Russian Federation, the day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with the Labor Code of the Russian Federation or other federal law, he retained his place of work (position).
In accordance with clause 5.1 of the Instructions for filling out work books (approved.
What was the article in 2012 on voluntary dismissal?
Until February 1, 2002, dismissal at will was covered by Article 31 of the Labor Code of the Russian Federation (LLC) “Termination of an employment agreement (contract) concluded for an indefinite period at the initiative of the employee.” In general, in essential aspects, both the Labor Code of the Russian Federation and the Labor Code of the Russian Federation provide for the same regulation. Rights upon dismissal of one's own free will. Each party has its own rights. This is an opportunity for the employee to withdraw the application at any time. The employment contract remains in force unless the employee is fired on the last day. The employer has the right to demand that he fully perform his duties up to the point of dismissal.
- the two-week period can be canceled by written agreement between the employee and the employer;
- the law does not oblige the employee to be at work during these 2 weeks (you can go on vacation or sick leave);
- the general rule of two weeks of service has exceptions (for a probationary period - 3 days, and for a managerial position - 1 month).
Article 31 of the Labor Code of the RSFSR dismissal
Some of the stages of the dismissal procedure at the employee’s initiative are typical for all methods of dismissal, while the other part is special specifically for voluntary dismissal.
This stage of compliance with the voluntary dismissal procedure is important to mention for one reason.
Dismissal at will will be legal only if the employee really wants to end his employment relationship with the employer.
On January 1, 2009, changes were made to the law “On Employment in the Russian Federation”** and the list of reasons for dismissal, which provided some advantages in payments to the unemployed, disappeared from Article 29. Today there is only one list of valid reasons for dismissal, given in the explanation of the State Committee for Labor of the USSR and the Secretariat of the All-Union Central Council of Trade Unions dated July 9, 1980.
The employee has an entry in his work book “dismissed at his own request, Article 31 of the Labor Code of the Russian Federation from June 30, 2000.” Which day in this case is the last day of work under the Labor Code, June 29, 2000 or June 30, 2000?
The recording was made incorrectly.
Dismissal at own request Article 31
on the basis of which an order for dismissal at one’s own request is drawn up. The date of dismissal indicated in the application is the employee’s last working day. After submitting a letter of resignation, the employee is required to work for another 2 weeks. when an employee is enrolled in an educational institution; upon retirement; if the employer violates labor laws; when changing place of residence; by agreement with the employer, etc. On the last working day, the final payment is made to the employee, incl.
Dismissal begins with the employee's statement. The application is written by hand on a piece of paper or typed on a computer. An employee can submit a resignation letter either in person or by mail. At the same time, the employer does not have the right to require the employee to coordinate the application for dismissal with any officials of the enterprise. The text of the application indicates the reason and date of dismissal. The procedure for terminating an employment contract at the initiative of an employee (dismissal at his own request) is established by Art.
Labor Code of the Russian Federation 31 articles
According to the rules of the Russian language, the last day of work is June 29, 2000, since the employee was fired from June 30, 2000. At the same time, when an employee is dismissed, column 2 of the work book indicates the date of dismissal (last day of work). Therefore, the last day of work (date of dismissal) should be considered June 30, 2000.
To clarify the date of dismissal, we allow you to request from the previous employer (if available) a dismissal order, which is indicated in the work book, on the basis of which an entry was made in the work book ( one type of printed matter: a non-periodical publication consisting of bound or separate paper sheets (pages) or notebooks on which it is printed or handwritten
).
Legal basis:
According to Part 3 of Art. 84.1 of the Labor Code of the Russian Federation, the day of termination of an employment contract in all variants is the last day of work ( can mean: Work - the functioning of any system - a mechanism, biocenosis, organism or community - as well as its part
) employee, with the exception of options when the employee practically did not work, but in accordance with the Labor Code of the Russian Federation or other federal law, his place of work (position) was retained.
In accordance with clause 5.1 Annotations on filling out work books (approved by Resolution of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69), an entry about dismissal (termination of an employment contract) in the employee’s work book is made in the following order: in column 1 the serial number of the entry is entered; column 2 indicates the date of dismissal (termination of the employment contract); in column 3, an entry is made about the reason for dismissal (termination of the employment contract); Column 4 indicates the name of the document on the basis of which the entry was made - an order (instruction) or other decision of the employer, its date ( date - the serial number of the calendar day, the serial number or name of the calendar month and the serial number of the calendar year (Federal Law of the Russian Federation dated June 3, 2011 no.
) and number.
The date of dismissal (termination of an employment contract) is considered the last day of work, unless otherwise established by federal law, an employment contract or an agreement between the employer and employee.
For example, when an employment contract with an employee is terminated due to a reduction in staff, October 10, 2003 is found to be the last day of his work. The following entry must be made in the employee’s work book: in column 1 of the “Information about work” section, the serial number of the entry is entered, in column 2 the date of dismissal is indicated (10.10.2003), in column 3 the entry is made: “Dismissed due to a reduction in the number of employees of the organization, paragraph 2 of Article 81 of the Labor Code of the Russian Federation,” column 4 indicates the date and number of the order (instruction) or other decision of the employer on dismissal.
Rostrud information portal “Onlineinspection.RF”, December 2016
Employees have the right to terminate the employment contract (agreement) concluded
for an indefinite period, having notified the administration about this in writing two days in advance
weeks.
In cases where an employee’s statement of resignation of his own free will
justified by the impossibility of continuing his work (enrollment in an educational institution,
transition to retirement and other options), the administration terminates the employment contract
(contract) within the period requested by the employee. (as amended by the Law of the Russian Federation
dated September 25, 1992 N 3543-1 - Gazette of the Congress of People's Deputies of the Russian
Federation (
a form of government in which parts of the state are state entities with legally defined political independence within the federation) and the Supreme Council of the Russian Federation, 1992, No. 41, Art. 2254).
Upon expiration of the notice period for dismissal, the employee has the right to terminate
work, and the administration of the company, institution, organization must issue
employee's work book and make payments to him.
By agreement between the employee and the administration, an employment contract
(contract (
an agreement between two or more parties on any issue) may be terminated before the expiration of the notice period for dismissal
(as amended by the Decree of the Presidium of the Supreme Soviet of the RSFSR dated February 5, 1988 - Vedomosti
Supreme Council of the RSFSR, 1988, N 6 art. 168); (as amended by the Law of the Russian Federation
dated September 25, 1992 N 3543-1 - Gazette of the Congress of People's Deputies of the Russian
Federation and the Supreme Council of the Russian Federation, 1992, N 41, art. 2254).
Commentary on Article 31 of the Labor Code of the Russian Federation
§1. For employees who have entered into a fixed-term contract, Art. 31 Labor Code does not apply
since they for the duration of the contract prohibited themselves from resigning on their own
desire. But when they have valid reasons for dismissal, then it applies
Art. 32 of the Labor Code (see Art. 32 of the Labor Code and commentary thereto). Other employees at any time
time they can submit a letter of resignation at their own request ( or lust - an average degree of will, between simple organic desire, on the one hand, and a deliberate decision or choice, on the other
).
Persons sentenced to correctional labor without imprisonment during the term
their service cannot be dismissed at will without permission
this is the responsibility of the authorities in charge of carrying out this type of punishment (see Article 94 of the ITC
RF).
§2. Only the clearly expressed desire of the employee who has entered into an employment contract
for an indefinite period, is the basis for his dismissal on his own
desire. At the same time, Art. 31 of the Labor Code provides for two notice periods. Submitted
the employee’s application may not contain instructions for a specific period and motives
dismissals. Then a two-week period applies from the date of submission of the application.
An employee can also submit an application during vacation or a business trip.
If in the application the employee shows valid reasons for dismissal,
due to which he cannot continue to work and immediately submits the appropriate
confirmation, then the employment contract is terminated within the period requested
worker. When this period passed and the administration did not formalize his dismissal
and he continues to work, then the administration cannot fire him after
2 weeks after submitting the application, if the employee does not agree to this. Resolution
Plenum of the Supreme Tribunal of the Russian Federation dated December 22, 1992 N 16 emphasizes that if
upon expiration of the notice period, the employment contract (agreement) was not terminated
and an employee ( or Employee - a subject of labor law, an individual working under an employment contract with an employer and receiving wages for this
) does not insist on dismissal, the validity of the employment contract is considered
continued.
If a child under 18 years of age filed an application for his dismissal, then about this
You need to inform the juvenile affairs commission.
§3. Since according to part 4 of Art. 31 Labor Code by agreement between employees
and the administration, the employment contract (agreement) can be terminated before the expiration
notice period for dismissal, then the dismissal of the employee by agreement
may be immediate.
§4. An employee who has submitted a notice of resignation has the right to
warnings to withdraw your application, and dismissal is then not made,
not counting the 1st option, when another creature has already been invited to take his place
an employee who, in accordance with Part IV of Art. 18 Labor Code cannot refuse admission to
work.
§5. If the employee quits work before the expiration of the notice period and
without an order to dismiss him prematurely, then the administration can qualify
this is like absenteeism without valid circumstances and dismiss him for absenteeism (see paragraph 4 of Art.
33 Labor Code and commentary thereto).
The administration does not have the right to dismiss the employee without the consent of the employee on the basis of
their application before the expiration of the warning period. She can't fire him
Art. 31 of the Labor Code, if there is no written statement from the employee about this.
§6. After the warning period expires, if the administration does not fire him
for some reason (which often occurs in practice), an employee may quit
work, and administration ( Administration in politics is a set of bodies performing management functions in the state or its part (executive and administrative bodies), as well as the activities of such bodies in
) must give him a work book and carry out
him calculation. If she delays this, then according to Art. 99 Labor Code for employees
average earnings are paid for the entire period of forced absence, since
he cannot apply for another job without a work book.
§7.
Your future
The employee has the right to terminate the employment contract at his own request. Restriction of this right is not allowed, since it violates the prohibition of forced labor (Article 4 of the Labor Code of the Russian Federation). At your own request, you can terminate both an employment contract concluded for an indefinite period and a fixed-term employment contract.
Example. Sidorenko submitted a letter of resignation of his own free will and asked to terminate the employment contract on the day the employer received this letter in connection with his retirement. On the day of his dismissal, Sidorenko turned 60 years old.
Article 31 of the Labor Code of the Russian Federation, entry into the labor record
It is not permitted to dismiss an employee at the initiative of the administration during a period of temporary incapacity for work (except for dismissal under paragraph 5 of this article) and while the employee is on annual leave, except in cases of complete liquidation of an enterprise, institution, or organization.
In cases where the employee’s application for voluntary resignation is due to the impossibility of continuing his work (enrollment in an educational institution, transition to retirement and other cases), the administration terminates the employment agreement (contract) within the period requested by the employee.
Article voluntarily dismissed
If there are legitimate reasons to stop working in a given place without working the required 14 days, then this should also be indicated in the application. If management refuses to endorse the application or register it in incoming documents, you can send a registered letter. But the date from which the work will begin to count will be the day after the official receipt of the letter.
Article 80 of the Labor Code of the Russian Federation “Termination of an employment contract at the initiative of the employee (at his own request)” is devoted to dismissal at his own request. Until February 1, 2002, dismissal at will was covered by Article 31 of the Labor Code of the Russian Federation (LLC) “Termination of an employment agreement (contract) concluded for an indefinite period at the initiative of the employee.” In general, in essential aspects, both the Labor Code of the Russian Federation and the Labor Code of the Russian Federation provide for the same regulation.
Article 31 of the Labor Code of the RSFSR dismissal
Only the clearly expressed desire of the employee who has entered into an employment contract
for an indefinite period, is the basis for his dismissal on his own
desire. At the same time, Art. 31 of the Labor Code provides for two notice periods.
the employee’s application may not contain indications of a specific period and motives
dismissals. Then a two-week period applies from the date of submission of the application.
An employee can also submit an application during vacation or a business trip.
If in the application the employee indicates valid reasons for dismissal,
due to which he cannot continue to work and simultaneously submits the corresponding
evidence, then the employment contract is terminated within the period requested
Dismissal at will in 2021, procedure and nuances
- does not require a special procedure;
- does not provide for the employer’s obligation to pay increased compensation for dismissal;
- does not require compelling arguments to terminate the contract.
It happens that an emotional employee writes a letter of resignation, and after 3 days he already repents of his decision. The article - dismissal at will (Article 80 of the Labor Code of the Russian Federation) provides for such doubting individuals the opportunity to withdraw a previously submitted application, but within a two-week period. The review is submitted in the same form as the initial application, that is, in writing.
We recommend reading: Find out the queue number for kindergarten by application number St. Petersburg
Dismiss due to article or at own request
If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail
. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.
I would not recommend firing you for absenteeism, since this procedure has many pitfalls, you need to follow all the nuances - draw up reports, get an explanation, etc. Moreover, if the employee expressed his will to resign at his own request. Regarding its absence, follow Art. 84.1 Labor Code of the Russian Federation:
The procedure for dismissing an employee in accordance with the Labor Code of the Russian Federation
- A statement from the person resigning or a memorandum of violations, documents from the commission on non-compliance, and the like, depending on the reason.
- The above documents are the basis for the order (instruction) of dismissal. This is a documentary basis for dismissal, signed by the head of the organization.
- A mandatory step is for the employee to familiarize himself with the order against signature. If he died or refuses to sign, then the personnel officer makes a note on the document about this. The day of dismissal is considered to be the last day of work of a citizen, except for cases when he did not work, but his place was retained.
- Severance pay, if a citizen is entitled to it, is paid on the day of dismissal.
- Issuance of a work book. This document with a record of dismissal is returned to the employee on his last day of work. Then all calculations are carried out with him. The employee is also given other documents related to his work at the enterprise (certificates, transcripts of wages and insurance contributions, etc.) upon his written application.
- Records of dismissal are entered into the citizen’s personal card (form T2), as well as into time sheets and other accounting documents.
To avoid violation of the rights of citizens during dismissal, as well as legal disputes in the future, it is important to formalize the dismissal clearly in accordance with the law. The procedure is enshrined in Art. 84.1 TK. The main document by which it is drawn up is an order to this effect. But before compiling it, you need to go through a certain procedure.
Dismissal of an employee at his own request
In cases where the employment contract was terminated at the initiative of the employer earlier than the monthly period established by law, the court, at the request of the employee, must change the date of termination of the contract so that the month's notice period is taken into account. For the period of time for which the contract is extended, the employee must be paid wages.
In accordance with Article 57 of the Labor Code of the Republic of Kazakhstan, an employee has the right to terminate an employment contract on his own initiative, that is, at his own request. To do this, the employee must notify the employer in writing at least 1 month before the proposed dismissal.
Dismissed at own request Article 31
If the proposal to conclude an agreement to terminate the employment contract came from the employer, then the registration procedure depends on whether a covering letter (note) was attached to the draft agreement, or whether all explanations were made orally. In the latter case, you can draw up an act in which it is indicated that the employee refused to enter into an agreement, and familiarize the employee with it against signature.
The stated advantages of the considered grounds for termination of an employment contract can only be discussed in relation to the situations described. Under other circumstances, advantages can become disadvantages for the employee, and here we should talk about the benefit of the employer.
Dismissal article own desire
If during this period the employer has not provided the employee with a work book and payroll, then the latter has every right to appeal to the labor inspectorate, which has the authority to examine this issue.
In practice, there are often cases when an employer delays the issuance of a work book and the final payment to an employee. The reason is the absence of a completed bypass sheet, which confirms the return of all material assets taken under their responsibility.
How voluntary dismissal is carried out in Ukraine under Article 38 of the Labor Code
If the dismissed person does not pick up the documents, then in order to exclude further claims, the organization must send him a notice that it is necessary to pick them up. If the organization delays the return of the work book, then the employee receives grounds for legal action for reimbursement of payment for the fact that he could not get a new job without documents.
To leave without working time, you must indicate a valid reason in the application and provide documentary evidence. Also, an employee may not work if the administration violates his rights. For example, he is forced to perform work not provided for by the terms of his employment contract, which is prohibited by Article 31 of the Labor Code.
