There is much in common between the terms “dismissal” and “dismissal”. Both of these mean the termination of the existing employment relationship with the employee. However, the exemption is most often used in government agencies and for positions of high-ranking managers in commercial companies. In addition, upon dismissal from a position, it is possible not only to dismiss the employee, but also to demote the employee based on the results of certification or transfer him to a lower position by decision of the employer.
Also see:
- How to fire a manager (general director): grounds, procedure, features
- Drawing up a protocol on termination of powers of the director (sample 2020)
Purpose of unified forms T-8 and T-8a
Unified forms T-8 and T-8a belong to the category of primary documents for personnel records and are used in the procedure for dismissing employees of an organization.
The first document is used for the employer to issue an order to dismiss only 1 employee, the second - for 2 or more employees of the organization. Dismissal is a labor-intensive procedure in terms of document flow. The T-8 uniform alone is not enough for this. To see a step-by-step algorithm for registering a dismissal, find out what other documents you need to draw up for yourself and for the employee and download all the samples, get free access to ConsultantPlus and go to the Ready Solution.
Read about the specifics of registering the dismissal of the head of a legal entity in the material “Who signs the order for the dismissal of the director of an LLC?”
What the law says about dismissal from office
When considering the concept of “dismissal from a position,” in practice it is most often understood as the dismissal of a high-ranking government official or top manager of a commercial structure for guilty actions that caused damage to a company or institution. The following may serve as grounds for termination of employment relations (Article 278 of the Labor Code of the Russian Federation):
- removal from office due to bankruptcy;
- adoption by a co-owner or founders of a decision to dismiss a manager from office;
- other grounds provided for in the employment contract.
In most cases, the reason for such a decision is improper performance or systematic failure by a high-ranking employee to fulfill his duties. For example, the circumstances enshrined in the employment contract and sufficient to dismiss from a position may include:
- failure to conduct audits;
- failure to comply with decisions of the company’s authorized management body;
- exceeding official authority during decision-making, allowing abuse;
- violation through the fault of the manager of labor legislation, as well as labor protection standards.
Thus, dismissal from a position involves termination of employment relations or demotion at the initiative of the administration (owners). Moreover, these can be both the specific grounds given above and those specified in Art. 81 Labor Code of the Russian Federation.
But this does not mean that an employee cannot ask to be relieved of his position on his own initiative - for example, due to deteriorating health, retirement or moving to another city. There are also frequent cases of termination of cooperation with top managers by agreement of the parties.
Where is the unified form T-8
You can download form T-8 and its supplementary form T-8a on our website. These forms were approved as unified by the State Statistics Committee in Resolution No. 1 dated January 5, 2004, issued by this department. Form T-8 corresponds to number 0301006 according to OKUD, and form T-8a corresponds to number 0301021.
A sample of filling out the unified form T-8 is also available for download on our website:
For which organizations is the T-8 dismissal order form required?
Until 2013, both forms in question were mandatory for all Russian organizations. Currently, their use is generally voluntary. The exception is situations when the use of forms T-8 and T-8a is prescribed for certain organizations by a specific legal act. Nowadays, such sources of law are published mainly for the purpose of regulating accounting in state and municipal organizations.
The use of appropriate forms in commercial firms must be approved by orders of governing bodies. If an organization uses its own form of personnel records, then it must also be approved by a local legal act. The main thing is that the forms developed by the organization meet the criteria established in the provisions of paragraph 2 of Art. 9 of the Law “On Accounting” dated December 6, 2011 No. 402. The document must contain:
- date of its compilation, title;
- name of company;
- document type;
- characterization of a fact of economic life (in this case, a personnel decision), as well as a method of expressing its value;
- job titles of the employees signing the document, their signatures with a transcript.
At the same time, many Russian companies continue to use unified documents T-8 and T-8a, since these forms fully comply with the above requirements.
You can find out more about the criteria that primary documents must satisfy in the article “Primary document: requirements for the form and the consequences of violating it .
a government body that provides for military service, and vice versa, as well as from one federal executive body or federal government body that provides for military service to another - for no more than three months; (As amended by Decree of the President of the Russian Federation dated December 18, 2016 No. 675, comes into force on January 1, 2021)
f) in connection with an unknown absence of more than one month - until the serviceman returns to the military unit (unless a different decision is made on his further military service) or until the day the court decision to recognize him as missing or to declare him missing comes into force (inclusive) deceased;
g) in connection with the serviceman being in captivity, as a hostage or interned - until his release;
h) in the event of the disbandment of a military unit and the reduction in connection with this of a military position, which was filled by a female military personnel on maternity or child care leave - until the end of this leave;
i) if it is impossible to timely exclude a serviceman dismissed from military service from the lists of personnel of a military unit in cases provided for by the Federal Law and these Regulations - until his exclusion.
3. A military serviceman in respect of whom detention has been applied as a preventive measure shall be placed at the disposal of the commander (superior) from the date of detention.
Article 14. Procedure for release from military post
1. A military serviceman is released from his military position in the event of appointment to a new military position, transfer, dismissal from military service, as well as in connection with other circumstances provided for by the legislation of the Russian Federation. (As amended by Decree of the President of the Russian Federation dated January 2, 2015 No. 3)
2. The right to release a serviceman from his military position has the official who has been granted the right of appointment to this military position.
IV. PROCEDURE FOR TRANSFERING MILITARY SERVICEMEN AND SUSPENSION OF THEIR MILITARY SERVICE (As amended by Decree of the President of the Russian Federation dated January 2, 2015 No. 3)
Article 15. Procedure for transfer to a new place of military service
1. A serviceman may be transferred to a new place of military service from one military unit to another (including one located in another area) within the Armed Forces of the Russian Federation (other troops, military formations or bodies, military units of the federal fire service) in the following cases : (As amended by the decrees of the President of the Russian Federation dated April 17, 2003 No. 444; dated January 2, 2015 No. 3)
a) for official reasons;
b) in order of promotion;
c) for health reasons in accordance with the conclusion of the military medical commission;
d) for family reasons at a personal request (for military personnel performing military service under a contract);
e) at a personal request (for military personnel performing military service under a contract);
f) in connection with organizational and staffing measures;
g) in connection with a planned replacement (for military personnel performing military service under a contract);
h) in connection with enrollment in a military educational institution, postgraduate studies, military doctoral studies;
i) in connection with expulsion from a military educational institution, postgraduate studies, military doctoral studies;
j) if, taking into account the nature of the crime committed, the serviceman who has been sentenced to a restriction on military service cannot be retained in a position related to the management of subordinates.
2. A serviceman performing military service under a contract may be transferred to a new place of military service due to official necessity with appointment to an equal military position.
The transfer of this serviceman to a new place of military service with appointment to an equal military position is carried out without his consent, with the exception of the following cases:
a) if it is impossible to perform military service in the area where he is being transferred, in accordance with the conclusion of the military medical commission;
b) if it is impossible for family members of a serviceman (wife, husband, children under the age of 18, children-students under the age of 23, disabled children, as well as other persons dependent on the serviceman and living with him) to live in the area , where he is being transferred, in accordance with the conclusion of the military medical commission;
c) if there is a need for constant care for a father, mother, sibling, grandfather, grandmother or adoptive parent living separately, who are not fully supported by the state and who, in accordance with the conclusion of the federal medical and social examination institution at their place of residence, need permanent outside assistance care (assistance, supervision). (As amended by Decree of the President of the Russian Federation dated January 2, 2015 No. 3)
3. A serviceman performing military service under a contract may be transferred to a new place of military service in the order of promotion with appointment, with his consent, to the highest military position.
4. A serviceman undergoing military service upon conscription is transferred to a new place of military service without his consent.
5. The transfer of a serviceman performing military service under a contract to a new place of military service for family reasons is carried out in the following cases:
a) if it is impossible for family members of a serviceman (wife, husband, children under the age of 18, children-students under the age of 23, disabled children, as well as other persons dependent on the serviceman and living with him) to live in this terrain in accordance with the conclusion of the military medical commission;
b) if there is a need for constant care for a father, mother, sibling, grandfather, grandmother or adoptive parent living separately, who are not fully supported by the state and who, in accordance with the conclusion of the federal medical and social examination institution at their place of residence, need permanent outside assistance care (assistance, supervision). (As amended by Decree of the President of the Russian Federation dated January 2, 2015 No. 3)
6. If, when transferring a serviceman performing military service under a contract, the place of residence of his family changes to a new place of military service, and the wife (husband) of this serviceman is also undergoing military service under a contract, then simultaneously with the decision to transfer the serviceman to a new place of military service service, the issue of transferring his wife (husband) to this area is being decided.
If it is impossible to simultaneously appoint military spouses to military positions within the same locality (garrison) and in the event of refusal to dismiss one of them from military service, transfer to a new place of military service is not carried out.
7. In the event of a transfer to a new place of military service, a military serviceman is sent there after handing over his cases and being released from military duty, but no later than a month from the date the military unit receives an order or written notice of his transfer, except in cases where the military man is on leave, on a business trip or for treatment.
8. Male military personnel expelled from military educational institutions for indiscipline, poor academic performance or unwillingness to study, as well as for refusal to enter into a contract, if by the time of expulsion from these educational institutions they had reached the age of 18, had not served the established period of military service under conscription and do not have the right to dismissal from military service, exemption or deferment from conscription, and are sent to perform military service upon conscription.
9. For the military personnel specified in paragraph 8 of this article, to determine the period of military service upon conscription, the following is counted:
a) the duration of conscription military service before entering a military educational institution;
b) the duration of military service under a contract before entering a military educational institution at the rate of: two days of military service under a contract for one day of military service under conscription; (As amended by Decree of the President of the Russian Federation dated January 2, 2015 No. 3)
c) duration of military service during training at a military educational institution at the rate of: two months of military service in the specified educational institution for one month of conscript military service.
The total duration of military service of the specified military personnel is determined based on its actual duration.
10. Male military personnel undergoing military service under a contract, as well as female military personnel with the military ranks of officers and warrant officers (midshipmen), expelled from military educational institutions, postgraduate studies, military doctoral studies, who wish to continue military service and enter into a new contract, are sent to a new place of military service, where a new contract for military service is concluded.
Male military personnel performing military service under a contract, as well as female military personnel holding the military ranks of officers and warrant officers (midshipmen), who do not want to enter into a new contract, are dismissed from military service (with the exception of military personnel specified in paragraph 8 of this article).
11. While serving an arrest, a convicted serviceman cannot be transferred to a new place of military service.
Article 16. Transfer by way of planned replacement
1. Military personnel undergoing military service under a contract in the regions of the Far North and equivalent areas, areas with unfavorable climatic or environmental conditions, as well as in military units located outside the Russian Federation (hereinafter referred to as areas where the deadline is established) are subject to planned replacement. military service).
The duration of military service in the specified areas and the lists of these areas are determined by the Government of the Russian Federation.
2. The procedure for organizing and carrying out planned replacement of military personnel is established by the heads of federal executive bodies and federal government bodies that provide for military service. (As amended by Decree of the President of the Russian Federation dated December 18, 2016 No. 675, comes into force on January 1, 2021)
3. Replacement of military personnel undergoing military service in areas where the period of military service is established is carried out no later than the expiration of the period established for service in these areas.
These military personnel are not given the right to choose their place of further military service. By decision of the relevant official, a serviceman may be appointed to an equal or higher military position.
4. A serviceman may continue military service in the area where the period of military service is established, based on official necessity and with his consent. In this case, the additional period of military service must be established in agreement with the serviceman and be at least one year. (As amended by Decree of the President of the Russian Federation dated July 12, 2012 No. 980)
5. With his consent, a military serviceman may be transferred from an area where a shorter period of military service is established to an area where a longer period of military service is established.
6. Transfer of military personnel by way of planned replacement in an area where the period of military service is established is carried out: to higher military positions - with their consent, to equal military positions - without their consent, except for the cases established by paragraph 2 of Article 15 of these Regulations.
The specified transfer of military personnel is carried out no less than one year before the expiration of their military service (contract term), and also (without their consent) no less than three years before reaching the age limit for military service.
7. Without the consent of military personnel, their re-deployment to the area where the period of military service is established is not allowed earlier than three years.
Article 17. The procedure for transferring military personnel from the Armed Forces of the Russian Federation (from a federal executive body or a federal state body that provides for military service) to a federal executive body or a federal state body that provides for military service (to the Armed Forces of the Russian Federation) (As amended by Decree of the President of the Russian Federation dated December 18, 2016 No. 675, comes into force on January 1, 2017)
1. Military personnel may be transferred for further military service:
a) from the Armed Forces of the Russian Federation to the federal executive body or the federal state body that provides for military service; (As amended by Decree of the President of the Russian Federation dated December 18, 2016 No. 675, comes into force on January 1, 2021)
b) from a federal executive body or a federal state body that provides for military service, to the Armed Forces of the Russian Federation; (As amended by Decree of the President of the Russian Federation dated December 18, 2016 No. 675, comes into force on January 1, 2021)
c) from one federal executive body or federal state body that provides for military service, to another federal executive body or federal state body that provides for military service. (As amended by Decree of the President of the Russian Federation dated December 18, 2016 No. 675, comes into force on January 1, 2021)
2. The transfer of military personnel from the Armed Forces of the Russian Federation (from a federal executive body or a federal state body that provides for military service) to a federal executive body or a federal state body that provides for military service (to the Armed Forces of the Russian Federation) is agreed upon heads of the relevant federal executive bodies or federal state bodies or officials authorized by them. (As amended by Decree of the President of the Russian Federation dated December 18, 2016 No. 675, comes into force on January 1, 2021)
The specified transfer of military personnel performing military service under a contract is carried out on a personal basis - with their consent or at their request.
3. The transfer of military personnel from the Armed Forces of the Russian Federation (from a federal executive body or a federal state body that provides for military service) to a federal executive body or a federal state body that provides for military service (to the Armed Forces of the Russian Federation) is formalized :
a) officers and warrant officers (midshipmen) - by order of the head of the federal executive body or the federal government body in which the serviceman is serving;
b) sergeants, foremen, soldiers and sailors - by orders (instructions) of officials who have been granted such a right by the heads of the relevant federal executive authorities or federal government bodies.
(Clause as amended by Decree of the President of the Russian Federation dated December 18, 2016 No. 675, comes into force on January 1, 2021)
4. Military personnel upon transfer from the Armed Forces of the Russian Federation (from a federal executive body or a federal state body that provides for military service) to a federal executive body or a federal state body that provides for military service (to the Armed Forces of the Russian Federation), are excluded from them and are enrolled in the federal executive body or the federal state body to which they are transferred (to the Armed Forces of the Russian Federation).
In this case, until the day of enlistment in the federal executive body or federal state body (in the Armed Forces of the Russian Federation), to which they are transferred, these military personnel are considered to be serving in the Armed Forces of the Russian Federation (in the federal executive body or federal state body, from which they are translated).
(Clause as amended by Decree of the President of the Russian Federation dated December 18, 2016 No. 675, comes into force on January 1, 2021)
5. A contract that was previously concluded with a serviceman being transferred from the Armed Forces of the Russian Federation (from a federal executive body or a federal state body that provides for military service) to a federal executive body or a federal state body that provides for military service ( to the Armed Forces of the Russian Federation), terminates from the date of conclusion of the new contract.
A new contract with the specified serviceman is concluded on the day of his enlistment in the federal executive body or the federal state body to which he is transferred (to the Armed Forces of the Russian Federation).
(Clause as amended by Decree of the President of the Russian Federation dated December 18, 2016 No. 675, comes into force on January 1, 2021)
Article 18. Procedure for suspension of military service
1. Military personnel performing military service under a contract, if they are elected as deputies of the State Duma of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of the constituent entities of the Russian Federation, deputies of representative bodies of municipal entities and heads of municipal entities exercising these powers on an ongoing basis , vesting powers of senior officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation or appointing temporarily acting senior officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation, vesting powers of senators of the Russian Federation have the right to dismissal from military service for on the grounds provided for in subparagraphs “d” and “e” of paragraph 3 of Article 51 of the Federal Law, or for suspension of military service. (As amended by Decree of the President of the Russian Federation dated September 17, 2020 No. 562, comes into force on July 4, 2020)
The specified military personnel who agreed to the suspension of military service are released from military posts in the prescribed manner. Military service for such military personnel is suspended from the day of election (appointment) for the term of their powers.
2. Military personnel undergoing military service under a contract, if they are sent to non-military positions in international organizations, organizations operating in the interests of national defense and state security, and in military training centers at federal state educational organizations of higher education (hereinafter referred to as educational organization) military service is suspended. Military personnel performing military service under a contract may be sent to non-military positions without suspending their military service in cases established by the legislation of the Russian Federation. (As amended by Decrees of the President of the Russian Federation dated July 1, 2014 No. 483, dated January 2, 2015 No. 3, dated January 26, 2019 No. 18 - comes into force on January 31, 2021)
The assignment of military personnel performing military service under a contract to non-military positions in international organizations is carried out on the basis of international treaties of the Russian Federation.
The assignment of military personnel to non-military positions in international organizations, organizations operating in the interests of national defense and state security, and educational organizations with the suspension of their military service is carried out with their consent on the basis of requests from the heads of relevant international organizations, organizations operating in the interests of national defense and state security, and educational organizations, by decision of the heads of federal executive bodies and federal government bodies that provide for military service, with the release of sent military personnel from their military positions. (As amended by the Decree of the President of the Russian Federation dated
