Payments and guarantees
She is entitled to the following payments:
As for severance pay, the wife of a serviceman, upon dismissal due to transfer, has the right to count on payment of funds in the amount of her average earnings for 2 months. This norm was approved by Order of the Ministry of Defense No. 265 dated July 11, 2002. But these funds are paid not by the employer, but by the military unit where her husband will serve.
Along with the work book, the employee receives a certificate that contains:
The employer has no right to refuse to hand over this document to the employee. The certificate is provided to the unit command. To do this, the spouse submits a report, to which is attached a certificate from his wife’s place of work and an extract from the work book (notarized). The report contains the following information:
Since this severance pay can be received by a military spouse not only at the husband’s new duty station, but also at the old one, additional documents may be required. For example, you should obtain a certificate in advance from your old place of duty stating that this financial assistance was not received.
Help: severance pay is not taxed
The average monthly earnings of a worker are determined by an accountant, taking into account her income for the accounting period, as well as sick leave, maternity leave, etc. At the place of payment of benefits, the average earnings are not recalculated, since this is a violation. But such cases do occur, since upon recalculation the amount of payments turns out to be much less.
When filing a dismissal, a woman needs to monitor the completion of all stages. The main thing is that the correct entry is made in the work book, and that the employer issues a certificate of average wages. If this is an ordinary voluntary dismissal, then you should not count on benefits.
If a serviceman is transferred to another locality, his wife has to resign and follow him. The procedure for terminating an employment contract in this case is no different. But if you need to receive additional payments, you will need documents confirming the husband’s transfer.
Source
Required documents
When leaving voluntarily in connection with the transfer of a military man's husband, a package of documents is collected confirming the reason why the woman is leaving work. You can use the remaining days of your planned vacation before paying off.
Application form
The application is written in any form addressed to the head of the organization. It states:
- Full name of the manager, his position;
- position and full name of the subordinate, personnel number, telephone number for quick communication, home address;
- a request for voluntary resignation, indicating the reason - transfer of the husband to another place of service;
- date of dismissal;
- signature of the resigning employee.
The application is accompanied by a list of documents confirming the reason for leaving work, including a certificate confirming the transfer. The application can be written by hand or typed on a computer. From the moment the dismissal order is issued, the continuous work experience of the military spouse is maintained for 30 days.
The dismissal of a serviceman's wife in connection with the transfer of her husband provides for preferential payments. Without specifying the main reason, a change of place of residence is not grounds for receiving monetary compensation. In this case, the employee is obliged to work for 2 weeks, as with the usual termination of an employment contract. Therefore, it is important to complete all documentation correctly.
Order on termination of labor relations
The employee must submit an application to the human resources department, after which an order to terminate the contract is issued, which indicates the date of dismissal in accordance with the application.
The employee must be familiarized with it against signature. The basis from this document must coincide with the entry in the work book.
The next day, the employee is given the following documents:
- Work record book (it is necessary to check the accuracy of the dismissal record so that in the future there will be no difficulties with getting a job and determining length of service).
- Copies of hiring and dismissal orders.
- A salary certificate for 2 years for calculating sick leave, a salary certificate for 2 months for calculating benefits.
A calculation is made - wages are issued for the time worked, bonuses if they are provided for in the contract, severance pay, compensation for unused regular vacation.
How is an employment relationship terminated due to moving to another location?
Cancellation of an employment contract due to a change of city or place of residence is carried out in the same manner as in case of dismissal of a person’s own will. It will not be possible to draw up a document for dismissal due to a change of residence using the sample, since it simply does not exist. Approval of dismissal is carried out in accordance with labor legislation.
First stage
You will need to write an application for the provision of the required funds, register it and give it to the head of the company for signature. From the next day, a two-week period of mandatory work will begin before the final severance of the labor relationship between the employee and the company.
First of all, you need to write a letter of resignation.
Second phase
If the employee was provided with any material assets to fulfill his labor obligations, then he is given a bypass sheet, and during the period of two weeks of work he must collect all the necessary signatures on it.
On the last day of work, an order to terminate the employment relationship is issued with the note “At one’s own request.” The employee must be familiarized with the document, after which he signs it with his own hand.
The employee must work for two weeks
Third stage
Issuance of a work book with all the mandatory notes on dismissal contained in it. All information that is entered into the work book at the company must be certified personally by the employer (if he independently prepares such documents) or by the employee whose duties include this (HR officer, secretary, accountant).
Upon dismissal, the employee is given a work book, which states that he was dismissed of his own free will.
Fourth stage
An employee with whom the employment relationship has been terminated, by signing the information entered in the work book, confirms that he agrees with them. A sample of filling out a work book is provided below. All notes are made after signing by an official. Data displayed in the work book:
- position of the dismissed employee,
- signature,
- transcript (full name),
- date of.
At the end of the last day of work, the person is given the earned settlement money.
If leaving a place of work is associated with the transfer of one of the spouses performing military service or a government subordinate to another place, then a note is made: “dismissal of one’s own free will due to the transfer of the spouse to another place of service.”
A person can be fired when a spouse is transferred to another place of service/work
A legal entity also has the right to change its place of residence. The employer must notify his working citizens about the move 2 months in advance, and they, in turn, sign a document agreeing or refusing to change their place of residence. If a working citizen is ready to move together with the organization, then the company undertakes to cover all financial costs associated with the move (compensation for the travel of the entire family, delivery of property to the new place of residence, etc.).
The funds will be returned to the employee upon provision of train/plane/sea/river tickets.
Termination of employment due to relocation is still different from leaving work on personal initiative. The Labor Code talks about this point in passing, and this encourages citizens to avoid the mandatory two-week work period.
Sometimes an employee may transfer to another job within the same company
The procedure for dismissing the wife of a military man
Order of the Ministry of Defense of the Russian Federation No. 265 “On the procedure for paying severance pay to the wives of military personnel” guarantees the receipt of two average monthly wages received by a woman at her place of work. Payment is made by the financial department of the husband's military unit, after a verification procedure and approval by the command. The procedure for receiving a one-time benefit begins with issuing a standard certificate from the husband’s place of service. The certificate must contain information about the husband’s transfer to a new duty station in another locality. The document is submitted to the personnel department at the wife’s place of work.
Upon dismissal, the wife of a serviceman must write a statement of her own free will and attach a certificate signed by the command regarding the transfer of her husband to another locality. It should be recalled that every citizen has the opportunity to terminate an employment contract (Article 77 of the Labor Code of the Russian Federation). The employee, in addition to the right to terminate the contract, has the obligation to notify the administration about this. As a rule, voluntary dismissal must be accompanied by 14 days of work from the date of application.
The law establishes that if there are objective reasons, confirmed by documents, then mining may not be carried out. The husband's transfer refers to valid reasons specified in the law. If the family’s departure occurs earlier than two weeks from the date the wife submits her application, then she must be fired on the day of her application. Art. 80 of the Labor Code of the Russian Federation indicates that upon dismissal it is not necessary to indicate the reason, however, the wife of a serviceman must do this in order to subsequently receive preferential payments.
You should pay close attention to the entry in the work book, since due to the frequent incompetence of personnel services, the reason for dismissal is not noted. In the future, a situation will arise when payments to the wife of a serviceman may be refused. Entries in the work book are not entered in any form, but are carried out according to the instructions. It should be ensured that Art. 77 of the Labor Code of the Russian Federation (at one’s own request due to special reasons), and not the general civil art. 80 of the Labor Code of the Russian Federation (dismissal at will).
The instructions for filling out the work book directly state that when dismissing under Article 77, it is necessary to write down the reason for the special status of dismissal. The reason in this case is a move, documented by a certificate from a military unit. A certificate of average monthly salary should be taken in the form approved by the Ministry of Defense of the Russian Federation (Form No. 13).
Registration of dismissal in connection with the transfer of the husband
The dismissal of a woman in such a situation is formalized on a general basis, but with additional adjustments that depend on the status of the employee’s husband.
Direction
To a new job
In cases where a civilian is transferred to a new place of work, preferential payments to their wives are not provided. By agreement with the head of the enterprise and justification of the request, it is possible not to work the required two weeks after dismissal.
To a new duty station
Wives of military personnel are paid a weekend allowance with additional payments. The money is paid on the day of dismissal, no work is required.
Termination of an employment contract in such a situation is possible in any case: maternity leave, sick leave, vacation, business trip, etc. These points are not an obstacle.
Required documents
To correctly dismiss a woman, you will need a package of documents:
- Application for dismissal addressed to the head of the enterprise,
- A certificate confirming the transfer of the husband to a new place, signed by the command; the certificate must contain the necessary information about the husband’s transfer, including the timing,
- A civilian needs a certificate of transfer to another place of work to reduce the days of work after dismissal.
Application for dismissal of a serviceman's wife due to her husband's transfer (sample)
Order
- Registration of dismissal begins with the employee submitting an application in a standard form. The “reason for dismissal” column must be filled in. The application must indicate the date of dismissal from employment. Attached to it is a certificate issued by the husband’s command, which indicates the reason for the employee’s dismissal.
The application must be submitted no later than two weeks before dismissal. If for special reasons the family must leave earlier, the employee is fired immediately on the day of her request.
- Based on these two documents, the head of the enterprise issues an order confirming voluntary dismissal on special grounds (without work), citing the reason for the employee’s dismissal.
- Based on these documents, the personnel employee makes the appropriate entries in the relevant documents - the work book and the employee’s personal card.
- After reading the order, the employee signs in the order journal.
- Next, the order is sent to the accounting department, where all payments due to the employee are calculated.
- The employee is given a work book, the required payments at the place of work and a certificate for receiving severance pay from her husband’s military unit.
What is the difference between job transfer and relocation? The video below will tell you about it:
Features of the procedure and algorithm of actions for the employer
Depending on whose initiative the dismissal through transfer occurs, the following documents may be the reason for launching the appropriate procedure:
- an employee statement written on the basis of his receipt of an invitation letter from a new employer;
- notice of intent to transfer an employee to another employer based on receipt of a letter of offer from the new employer.
It must be remembered that in any case, the consent of both parties to the employment relationship for dismissal and transfer to another employer must be expressed in writing:
- The employer puts the appropriate resolution on the application. Without his approval, dismissal by transfer cannot take place; the working citizen will have to rewrite the application, indicating another reason for dismissal (for example, at his own request), while observing the formalities required in this case (for example, working the required two weeks). Of course, in this situation you can no longer count on legally guaranteed benefits when concluding a new employment agreement.
- On the notice of transfer, the dismissed citizen makes a note indicating his consent or disagreement. In the latter case, the employer does not have the right to dismiss him on the grounds in question.
Once the basis for dismissal by transfer is documented (by drawing up an application or notice), the date of the last working day is agreed upon, the procedure for the employer is no different from ordinary dismissal. The entire procedure can be represented as the following sequence of steps:
- Issuance of an administrative document on dismissal (order) indicating the appropriate grounds for termination of the employment relationship - transfer to another employer (clause 5, part 1, article 77 of the Labor Code).
- Familiarization of the dismissed person with the order.
- Making required payments to the employee.
- Making a record of termination of employment in the company in the work book, personal card and employee file.
- Issuance of a work book to a citizen against signature.
- Notifying the concerned services and bodies - the military commissariat and the bailiff service - if necessary.
Invitation from a new employer
The invitation letter is the primary reason for launching the dismissal procedure by transfer in any case - the initiative comes from the employer or the employee. As a rule, such a letter becomes the result of a preliminary oral agreement. The document is drawn up in any form and must contain the following information:
- name of the new employer;
- the position offered to the employee (it is better if the letter describes in general terms the terms of the employment contract to be concluded: salary, working hours, etc.);
- Full name of the employee to whom the transfer is proposed;
- the date from which the new employer plans to hire a new employee.
An invitation letter, as a rule, is addressed to the head of the enterprise where the invited employee works, but can also be addressed to him personally
Letter of consent for transfer
As a response to the invitation, a letter expressing the consent of the previous employer and employee to the transfer may be sent to the new employer, but this document is not mandatory in the procedure.
A letter of consent to transfer is not a mandatory document, but in accordance with the rules of business ethics it is better to send it
Employee's application for dismissal by transfer
An application for dismissal by transfer must contain:
- request for dismissal by transfer;
- date of dismissal;
- the name of the employer to whom you plan to transfer;
- link to the invitation letter (optional).
Like any letter of resignation, a letter of dismissal by transfer must contain the date of termination of the employment relationship
Employee Notification
Notifying an employee of dismissal by transfer to another employer is used in cases where the initiative comes from the employer. The legislation does not provide for any notice periods. The document must contain:
- the name of the new employer and the proposed position (if possible, with a description of the main conditions of the proposed employment agreement);
- link to the invitation letter;
- a note indicating the employee’s agreement or disagreement with the transfer.
Drawing up a dismissal order
An order for termination of a contract with subsequent transfer to a new employer is drawn up on a unified form T-8 or T-8a indicating the basis for dismissal (transfer to a new employer) and a reference to clause 5, part 1, article 77 of the Labor Code.
The order of dismissal in the order of transfer is drawn up in form T-8, approved by the State Statistics Committee
Purpose and procedure for receiving payment
To assign the payment, the serviceman submits a report at the new duty station, attaching his wife’s documents: copies of the work record book and a certificate of the average monthly salary for the last two months. A certificate must be provided stating that severance pay was not received at the previous place of duty. The commander issues an order authorizing payments, which is sent to the unit's finance department. The verification can be carried out within a month, after which the money is transferred to the serviceman’s card. It should be noted that this severance pay is not subject to personal income tax, insurance contributions to the Pension Fund and the Social Insurance Fund.
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