The employer offers a transfer to another location


Reasons for changing residence

The process of ending cooperation is quite simple, but it also requires precision and accuracy.
When registering a dismissal due to a change of residence under Article 80 of the Labor Code of the Russian Federation, you need to take into account all the nuances, as this will allow you to correctly fill out the necessary documentation. To terminate the employment relationship for this reason, the employee must submit a resignation letter due to moving to another city. The sample will allow you to write a notice that complies with legal requirements. The document must contain the following information:

  • Last name, first name, patronymic of the employee and his position.
  • Date of dismissal.
  • Date of document creation.
  • Possibility of working out.

A similar basis for dismissal is established in the provisions of the Labor Code of the Russian Federation. Its peculiarity is the absence of a mandatory two-week period of work. To exercise this right, the employee must provide the employer with a certificate confirming the transfer of her husband to another place. Such a document can be obtained from a military unit. In addition, the specified certificate is considered a basis for urgent termination of the contract.

To end the cooperation, the woman must submit a resignation letter of her own free will. But in her work book there will be a note that the employee was fired due to the transfer of her military spouse.

And also the wife of a career military man has the right to a special compensation payment in the amount of two months’ average salary. A woman can receive it after providing a certificate at her new military unit about her average earnings at her last place of work.

Not only the employee, but also the organization itself can move. According to the provisions of the Labor Code, termination of cooperation between the employer and specialists in connection with a change in the legal address of the enterprise is not provided for. But at the same time, the employer should promptly and in writing offer the staff to move with the company.

If a specialist does not want to move, the employer has the right to terminate the employment contract with him. In this case, even protected categories of workers are subject to dismissal:

  • pregnant employees;
  • women on maternity leave;
  • disabled people.

The employer offers a transfer to another location

It happens that the management of an organization, for one reason or another, decides to move the entire organization to another area. What does this mean for workers? Is an employer required to offer its employees to move with them? What awaits an employee who refuses such a move? Let's figure it out.

What should be understood by another area?

Another area should be understood as an area outside the administrative-territorial boundaries of the corresponding locality (Clause 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

Therefore, a transfer to work from one locality to another, even if both cities are located within the same administrative district, is considered as a transfer to another locality.

The relocation of an employer from one district of the city to another district of the city does not constitute a relocation of the employer to another locality.

If the location of the branch changes?

The employer moves to another location if the organization itself changes its location.

A change in the location of a separate division, in particular a change in the location of a branch, is not a move of the employer to another location, since the employer himself does not move to another location, only the structural unit moves.

How should an employer offer an employee a transfer to work in another location?

If the employer changes location, he must invite employees to follow him.

The Labor Code of the Russian Federation does not establish a procedure for warning employees about the employer’s move, nor the time period within which the employee must express in writing his consent to the transfer or refusal of such a transfer.

However, a transfer to another location together with the employer, as well as any other transfer (except for the cases established by part 2 and part 3 of Article 72.2 of the Labor Code of the Russian Federation), implies obtaining the consent of the employee.

Therefore, the employer must inform the employee about the upcoming move and invite the employee to transfer to another location with the employer.

The employee agrees to be transferred to another location

If the employee agrees to the transfer, the employer signs an additional agreement to the employment contract with him. Based on the additional agreement, a transfer order is issued.

Also, by virtue of Article 169 of the Labor Code of the Russian Federation, the employer is obliged to reimburse the following expenses:

  • for relocation of the employee, members of his family and transportation of property (except for cases where the employer provides the employee with appropriate means of transportation);
  • for settling into a new place of residence.

The employee refused to be transferred to another location together with the employer

A written refusal will be grounds for termination of an employment contract with an employee in accordance with paragraph 9 of part one of Article 77 of the Labor Code of the Russian Federation (the employee’s refusal to be transferred to work in another location together with the employer).

Severance pay upon dismissal of an employee due to refusal to transfer to another location

When an employee is dismissed due to refusal to be transferred to another location together with the employer, in addition to salary and compensation for unused vacation, the employee is paid severance pay in the amount of two weeks' average earnings (Part 3 of Article 178 of the Labor Code of the Russian Federation).

Reasons for termination of the contract

Dismissal due to a change of residence is a controversial issue. An employee who, for personal reasons, needs to move to another locality, is physically unable to work in the previous company. But there are also cases when a person simply does not want to continue the official relationship with the employer, and moving is just a reason to terminate the agreement.

However, the legislation indirectly regulates the solution of this issue. According to Article 41 of the said code, a fixed-term employment contract is canceled at the request of the employee if his health condition has deteriorated, the manager has violated his rights or the terms of the agreement, or other serious circumstances occur. The list of these reasons is quite extensive, so employers are given the right to conclude how valid they are:

  • caring for a sick relative or a person with the first group of disabilities;
  • pregnancy;
  • sending abroad for the purpose of employment;
  • reaching retirement age;
  • selection for a government or other competitive position;
  • full-time study at an institution of higher or secondary vocational education, etc.

The employer must carefully examine the circumstances due to which the subordinate decided to resign by reviewing the documents submitted. At the same time, he should pay attention to the personal qualities of the employee and the adequacy of his request to terminate the contract due to the inability to carry out his previous activities.

If the parties have a conflict, the specialist must continue to perform his job duties, but at the same time contact a special commission to resolve labor disputes.

It is important for the employee to have with him a document confirming that the reason for terminating the contract is valid.

Without these papers, the head of the company will have no real reason to dismiss a subordinate at his own request.

The procedure for ending an employment agreement related to the relocation of an employee is practically no different from ending a relationship on the initiative of a specialist. The difference arises only in cases where the manager agrees to shorten the period of compulsory service.

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The dismissal process for an employee consists of the following stages:

  1. Submitting a letter of resignation addressed to the head of the company. It is allowed to send the document by registered mail with notification and a list of the attachments.
  2. Two-week work if the employer does not agree to a reduction in the period.
  3. Signing a bypass sheet, if this is established by the internal rules of the enterprise.
  4. Registration of the transfer of material assets, if the official was the financially responsible person.
  5. Receiving a copy of the contract completion order, work record book and other necessary documents.
  6. Final settlement.

Application Form

When turning to management with a request to be relieved of duties, the employee should formulate it correctly and explain it by moving to a new locality. It is advisable to understand a number of points that the HR department may not talk about.

In 2021, the resignation letter is free-form, but there are still certain features:

  1. A header is written in the upper right corner, where the full name of the company, full name of the employee and director are indicated.
  2. Below, on the red line, the request itself is stated in a form agreed upon with the personnel department; here they also write the date of dismissal from the position and the necessary compensation.
  3. The date of the application and signature are placed in the lower left corner.

The desired day of dismissal should be indicated without the preposition “from” so that the employer interprets the information correctly. Otherwise, he can either fulfill the request on that day or force the employee to wait the required 2 weeks. Then you will have to work off this time or provide evidence of the impossibility of being present at the workplace.

The reason for termination of the contract must be determined as correctly as possible, as this will affect the continuity of service.

Online resources have various forms and examples of how to write a letter of resignation from a workplace without errors. Our website also presents samples previously used in practice.

The document is drawn up differently, depending on who it is addressed to. It is clear that a police officer and a school teacher will write an appeal to their superiors in different ways. Each organization has requirements governing the content of such papers. The employee only needs to copy the form and enter his data into it. If you use the correct sample application, you can draw up a document that complies with the regulations.

When drawing up an application for resignation of one's own free will due to a change of residence, the wording is very important. In addition, although the document is written in free form, it is necessary to indicate some information:

  • Name of company.
  • Last name, first name, patronymic and position of the employee.
  • Last name, first name, patronymic and position of the manager.
  • Desired day of dismissal.
  • Date of document creation.
  • Personal signature of the employee.

The date of completion of the relationship indicated by the specialist is considered the desired day of completion of the work. The employer can either agree with this dismissal period or dismiss the employee after mandatory service. If the manager obliges the employee to work for the two weeks established by law, but the citizen cannot do this, then the specialist must confirm his position with documentary evidence.

According to labor law, the relocation of an employee (with the exception of the spouse of a career military man) is not grounds for termination of the contract. In this case, a change of place of residence can be considered as a valid reason for reducing the period for completion of cooperation.

Making an entry in the work book

The data included in this document is governed by law. Therefore, the essence of the statement is indicated there in standard wording.

Typically, if an employee quits due to relocation, this reason is not specifically stated, and no benefits or legal consequences will appear in the future.

It should be stated as follows: “dismissed at my own request.”

When a female employee leaves work because her military husband is sent to another region, this must be registered in order to be able to receive payments. It is indicated as follows: “dismissed at her own request due to the transfer of her spouse to another locality.”

All entries made in the employee’s work book are regulated by regulations. Therefore, the wording of the entry on the termination of the employment contract will be made both taking into account the personal statement of the resigning citizen, and on the basis of the approved wording.

If an employee simply moves to another city, then a record of voluntary dismissal is made in the employment record. The employee does not have the right to insist that relocation be indicated as a reason for termination of the contract. But for the wives of military personnel, an exception is again made, since the basis for termination of cooperation correctly entered in the work book gives the right to receive compensation. The document of these employees must always indicate that the dismissal is due to the transfer of a spouse.

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Moving at your own request

If dismissal due to a change of residence occurs on the initiative of the employee, he must make an announcement by contacting the employer with a statement of resignation of his own free will. Since relocation is a valid reason for terminating the employment contract and it is impossible to continue working in the old place, the employee is fired on the date specified in the application. The inability to work the two weeks required by law must be confirmed by the person moving with supporting documents (tickets, etc.). Therefore, there is no need to hide that the termination of the employment contract is associated with departure. The application is drawn up in any form; you can also indicate your future address and contact phone number as evidence.

Sample application for voluntary leave

Sample letter of resignation due to moving to another city

To the General Director of the limited liability company "CENZ-25" (LLC "CENZ-25") A.I. Lukyanova from IT department specialist G.N. Grigoriev

Statement

I ask you to dismiss me at your own request due to moving to another city for permanent residence. I request the dismissal to take place on May 8, 2021.

May 4, 2021 Signature____ G.N. Grigoriev

Sample letter of resignation due to spouse moving to another city

To the General Director of the limited liability company "AYKONIK" (LLC "AYKONIK") B.M. Yavlinsky from manager V.V. Ivdyukhov

Statement

I ask you to dismiss me on May 8, 2021 at your own request due to my husband’s transfer to work in another city.

May 4, 2021 Signature____ V.V. Ivdyukhova

Business continuity

There are no gaps in work experience if job responsibilities were terminated for:

  • 30 days due to good cause;
  • 21 days without any apparent reason.

The move requires leaving work, so there will be no breaks in the length of service if a person finds a job in a new company in a month. The length of the gap in professional activity does not matter when the contract is terminated due to the transfer of the spouse to serve in another region.

If a person changes his place of work, moving to a new locality simply at will, he is only given time to travel to another city.

Order to dismiss an employee under clause 9 of Art. 77 Labor Code of the Russian Federation

If the organization does not use standard forms T-8 (T-8a), then, accordingly, all orders are issued according to a certain template developed independently. But the wording that is included in it is drawn up arbitrarily. The text part of the dismissal order, taking into account the situation under consideration, can be executed as follows.

Order No. 1 of 09.09.2021 on dismissal from work

Fire:

Translator of the information department Samuil Arkadyevich Volsky from 09.10.2021 in connection with his refusal to transfer together with the employer to Krasnoyarsk in accordance with clause 9 of Art. 77 Labor Code of the Russian Federation."

Base:

  1. Notification of refusal to transfer Volsky S.A. dated 09.09.2021.
  2. Order on changing the location of Gran LLC No. 45 dated August 30, 2021.

Head of the organization:

(position) _____________ (signature) _______________ (transcript) ____________

I have read the order:

(signature) _______________ (date) __________

From the above example it follows that, both in the standard form T-8 (T-8a) and in the order developed independently, the details of the document (No., date), position and initials of the dismissed person, as well as the reason and date of dismissal should be indicated. The information listed is mandatory and must undoubtedly be present in the order.

Dismissal due to company relocation

The initiative to terminate an employment contract does not always come from the employee. The structure in which he works may also move. There are no separate standards for such a procedure. Therefore, it is worth starting from existing practice.

In a situation where an organization or individual entrepreneur intends to change its location, it is necessary to notify employees. Again, the procedure itself is not specified, so it is worth focusing on the process carried out when closing a company. This means that notice to employees must be in writing. No less than 2 months before the expected event.

Dismissal related to the relocation of the company itself is carried out a little differently. In such a situation, the employer is obliged to inform all staff about the upcoming changes. Despite the fact that there are no rules for carrying out such a procedure in the legislation, it is better to inform employees in writing. This will allow the manager to confirm that employees have been notified in the event of an inspection by supervisory authorities or legal proceedings.

Termination of the contract occurs in accordance with the general procedure in accordance with the provisions of Art. 81 of the Labor Code of the Russian Federation with a mandatory written certificate of the specialist’s refusal to move. In the order to dismiss a citizen, reference should be made to clause 9 of Art. 77 Labor Code of the Russian Federation.

Notifying an employee about the organization's move to another location

If a legal entity decides to change its location, it must notify employees of this 2 months in writing. The notice must contain the following information:

  • the new address of the location where the activity will be carried out;
  • the deadline for moving the institution to a new location and, accordingly, the date the employee starts working in the new location (the employer must clearly define the timing of the move; if the employer does not move within the established time frame, then a second notification is given);
  • guarantees provided to the employee in connection with the move, including the composition, method and amount of expenses reimbursed to the employee;

A transfer related to the relocation of a company to another location entails reimbursement of costs, namely:

  • to move to the place of work, both the employee and his family members;
  • for the transportation of his property;
  • to a device in a new area.

The notice can also indicate the procedure and nature of compensation for costs, as well as specify the period within which the employee must notify the employer of consent to the transfer or refusal of it;

If within the specified period the employee does not give an answer regarding his transfer to another location, then this is considered as a refusal to transfer.

To optimize documentation, it is more advisable to issue a single order (notification) about moving the organization to another location and bring it to the attention of all employees against receipt. If an employee refuses to sign, an act of refusal to familiarize is drawn up. Consent or refusal of the transfer should be obtained from each employee individually in any written form.

If the transfer is refused, the employee must be fired. This dismissal applies to pregnant women, women raising children under 14 years of age, and other preferential categories. This is formalized by an order, in which, as the basis, a reference is made to the decision to move the company and to the employee’s refusal to transfer. The employee must be familiarized with the order against signature.

Termination of employment relations on this basis is carried out if the employee refuses to be transferred to an area located outside the boundaries of the administrative-territorial entity where the employee’s place of work is located.

Important!!! refusal to transfer to a branch or representative office is not grounds for dismissal on this basis. You can fire an employee only if he refuses to work for the employer when he moves to another location.

Results

Relocation is not included in the list of official wording for terminating an employment agreement, so you should talk to your boss and quit without conflicts. If the director requires work, you need to think about how to do without it legally. You should not stop showing up for work after submitting your resignation letter before the date stated there. Such an employee will most likely be given absenteeism and fired under the article, which will negatively affect his future career.

As noted earlier, the legislation does not contain privileges regarding the timing of dismissal due to relocation. So it is important to know your rights and regulations governing the labor process.

Of course, much will depend on the personal relationships of the employee and the loyalty of the administration to such cases of termination of contracts. The best solution to the issue is bilateral agreement.

conclusions

Moving to another city is one of the possible reasons for dismissal. The process of terminating an employment relationship begins with the employee submitting a corresponding application. There is no unified template for its preparation, so the document is drawn up in free form.

Upon dismissal due to relocation, the employee is not exempt from working the 2-week period. This period may be shortened by agreement between the employer and the worker. Otherwise, leaving due to relocation is no different from standard situations of termination of employment.

Is it legal to be fired due to relocation without working time?

The question of whether it is legal for employees to terminate their contract on the day they submit the application without a subsequent 2-week period of work is of interest to both employers and employees. The fact is that there is no direct explanation on this matter in the Labor Code of the Russian Federation. In Art. 80 of the Code presents two reasons why a citizen has the right to demand dismissal on the day of filing the application:

  • If the employer violates labor law standards.
  • When an employee is unable to continue working due to enrollment in an educational institution, retirement or other reasons.

It turns out that actually moving to another city may fall under the “other cases” specified in the Code. Employers do not always agree with this, and there is only one way out - filing a complaint with the Labor Inspectorate or the Prosecutor's Office. But these procedures also take a lot of time, so in order to avoid getting into an unpleasant situation, if possible, it is worth submitting an application in advance and working for two weeks. It is possible that new amendments to the Law will be adopted in the near future, which will clarify the situation in more detail.

A separate category when considering such issues are the wives of persons serving in the Armed Forces of the Russian Federation. But their possibility of dismissal without service is regulated not by the Labor Code, but by Order of the Ministry of Defense No. 265 (dated 07/11/2002). So, if an employee’s husband serves in the RF Armed Forces and is urgently transferred to a new duty station, the wife can follow him.

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The certificate must contain the following information:

  • Full name of the spouse who is serving.
  • The number and location of its active military unit.
  • Date of transfer.
  • The number and location of the military unit to which the departure is taking place.
  • Date of preparation of the certificate.
  • Signature of the unit commander with transcript.

The document must be certified by a seal.

A woman who quits her job due to her husband’s transfer has the right to claim additional payments in addition to payment for days worked:

  • Cash compensation for unused vacation.
  • Payment of sick leave.
  • Severance pay.

Timely registration of dismissal in connection with moving to a new place of residence under Article 80 of the Labor Code of the Russian Federation is possible provided that the citizen notified the organization’s management of his intentions two weeks before the desired end of the employment relationship. There is no special rule establishing the employee’s obligation to work for a two-week period, but the employer is given the right to refuse to dismiss a specialist before the expiration of the specified time. And if an official wants to quit urgently, but the employer does not give his consent to this, then the employee will have to work off.

But still, in some cases, an employee has the opportunity to leave the organization without working for the established period:

  • Urgent preparation of documentation for dismissal of one's own free will without working off due to relocation, if both parties agree to this.
  • Application of the provisions of Art. 80 of the Labor Code of the Russian Federation, according to which relocation can be considered a valid reason to shorten the period of completion of the contract.
  • An employee going on vacation for more than two weeks followed by termination of cooperation. It is recommended to end all relationships with the employer before starting your vacation.
  • A certificate of incapacity for work, according to which the period of work will end before the specialist recovers.
  • Identification of facts indicating violation by the employer of the provisions of Russian labor legislation.

By indicating a valid reason for dismissal in the application, the employee forces the employer to resign on the date specified in the document. The difficulty lies in the fact that the regulations do not contain a list of such grounds.

Practice shows that the following are considered valid reasons:

  • The citizen’s move to a new place of residence, preferably confirmed by a note in the passport about the extract.
  • Sending a spouse to work abroad or transfer to another city.

Thus, the departure of a specialist can be considered as a valid reason for urgent dismissal. But in order to apply these legal norms, the employee must write in the application that the termination of the contract is related specifically to the move. To confirm the need for urgent dismissal, the employee may provide supporting documentation to the manager. But nevertheless, this reason is not legally established as valid, and therefore it is up to the employer to decide whether to take it into account or not.

Since relocation is not a clear legal basis for dismissal without working out the required two-week period, it is better to come to an agreement with the employer and leave without conflict. If the employer insists that the citizen work for fourteen days, then it is necessary to find the most suitable way for the employee not to do this, complying with the provisions of the law.

Dismissal procedure

The procedure for dismissal due to a change of residence is almost identical to voluntary dismissal.

The only difference between them is that, at the request of the employer, the period between filing a resignation letter and terminating the employment contract can be significantly reduced.

However, if the employer is against early termination of the employment relationship, dismissal will occur after 14 days from the date of filing the application.

So, the actions of an employee who wants to resign due to a move are as follows:

  1. Submitting a letter of resignation to the personnel service addressed to the head of the organization. If the employee has doubts that the personnel employee will accept and reserve his application, it can be sent by registered mail with a note indicating that the sender has notified that it has been delivered to the addressee;
  2. Working the required two weeks, if mutual agreement to reduce the working period is not reached;
  3. Filling out a bypass sheet if required by the internal rules of the organization;
  4. Transfer of current affairs and funds;
  5. Receiving a certified copy of the dismissal order and work record book. At this stage, it is important to make sure that the order indicates the correct reason for dismissal, which corresponds to reality and suits the employee;
  6. Final payment: wages for a certain period and all required compensation (for example, for unused vacation days, etc.).

Experienced lawyers advise specialists resigning due to relocation to obtain in advance from their last place of work a certificate of salary and length of service in this organization.

These documents can subsequently make life much easier when applying for a new job.

In addition, at the request of the employee, he can go on vacation before dismissal. At the same time, all organizational issues and formalities must be resolved before he goes on vacation.

List of documentation to confirm the move

In the event that an individual breaks off an employment relationship, citing a move for a valid reason, the manager must require certain documents from him.

It is imperative to provide either the passport itself, which contains information about the extract from the previous home, or a photocopy of it, as well as all kinds of additional documents related to the reason for the change of residence.

This could be a sick leave certificate, a medical certificate, a photocopy of the spouse’s work record with a note about a change of workplace, as well as some other documents.

Actions on the part of the manager necessary to break the business relationship

After the manager receives an application from an employee demanding to sever the business relationship in connection with the move, he is obliged to begin completing all the necessary documentation for this.

The dismissal process occurs in several stages:

  1. publication of the order. In order to legally draw up an order, the employer must use the form numbered T-8, which was put into effect by the State Statistics Committee of Russia on April 5, 2004.
    In addition to general data about the dismissed person, the order should note that the termination of the employment contract occurs at the personal request of the employee, and also mention the third paragraph of the article under number 77 and note that the employer has a statement on the basis of which he produces the data actions.
  2. Make an entry in the employee registration log and personal file. Each organization has an internal employee register, in which, in the event of dismissal, you must remember to make a note.
    You also need to make a similar entry in the personal file of the moving individual.
  3. Return of work book. In order to correctly make a note in the employee’s employment document, it is necessary to indicate that he was dismissed on his own initiative in connection with a move that was predetermined by a valid circumstance.
    For example, the entry may look like this: “Dismissed due to disagreement to move to another place of work located in another territory, article number 77 of the Labor Code, paragraph nine.”

In the line where information about the severance of the employment relationship is displayed, you need to refer to Article 77 and mark the item that corresponds to the specific situation.

What points should be included in a resignation letter?

An application for dismissal due to relocation is written in any form, but it must contain some points.

What a person must indicate in the document for dismissal in connection with a change of residence:

  • name of the enterprise (on the right side in the upper corner);
  • Full name of the manager;
  • Full name and position of the subordinate;
  • request to dismiss from this organization (with reference to the article of the Labor Code of the Russian Federation);
  • date and signature of the subordinate.

The application for dismissal due to moving to a new place of residence under Article 80 of the Labor Code of the Russian Federation should also indicate all compensation that the manager must pay.

A sample letter of resignation due to moving to another city will help you draw up the document correctly.


Sample letter of resignation due to moving to another city.

Such a document can be written by hand or printed on a computer.

Important! Particular attention should be paid to the reason for leaving work, since this moment affects the length of service.

If a person does not find a new place within 30 days after leaving for a good reason (which is moving to another place), then the length of service is not interrupted.

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Making an entry in the work book

All entries made in the employee’s work book are regulated by regulations. Therefore, the wording of the entry on the termination of the employment contract will be made both taking into account the personal statement of the resigning citizen, and on the basis of the approved wording.

If an employee simply moves to another city, then a record of voluntary dismissal is made in the employment record. The employee does not have the right to insist that relocation be indicated as a reason for termination of the contract. But for the wives of military personnel, an exception is again made, since the basis for termination of cooperation correctly entered in the work book gives the right to receive compensation. The document of these employees must always indicate that the dismissal is due to the transfer of a spouse.

The need for development

Timely registration of dismissal in connection with moving to a new place of residence under Article 80 of the Labor Code of the Russian Federation is possible provided that the citizen notified the organization’s management of his intentions two weeks before the desired end of the employment relationship. There is no special rule establishing the employee’s obligation to work for a two-week period, but the employer is given the right to refuse to dismiss a specialist before the expiration of the specified time. And if an official wants to quit urgently, but the employer does not give his consent to this, then the employee will have to work off.

But still, in some cases, an employee has the opportunity to leave the organization without working for the established period:

  • Urgent preparation of documentation for dismissal of one's own free will without working off due to relocation, if both parties agree to this.
  • Application of the provisions of Art. 80 of the Labor Code of the Russian Federation, according to which relocation can be considered a valid reason to shorten the period of completion of the contract.
  • An employee going on vacation for more than two weeks followed by termination of cooperation. It is recommended to end all relationships with the employer before starting your vacation.
  • A certificate of incapacity for work, according to which the period of work will end before the specialist recovers.
  • Identification of facts indicating violation by the employer of the provisions of Russian labor legislation.

By indicating a valid reason for dismissal in the application, the employee forces the employer to resign on the date specified in the document. The difficulty lies in the fact that the regulations do not contain a list of such grounds.

Practice shows that the following are considered valid reasons:

  • The citizen’s move to a new place of residence, preferably confirmed by a note in the passport about the extract.
  • Sending a spouse to work abroad or transfer to another city.

Thus, the departure of a specialist can be considered as a valid reason for urgent dismissal. But in order to apply these legal norms, the employee must write in the application that the termination of the contract is related specifically to the move. To confirm the need for urgent dismissal, the employee may provide supporting documentation to the manager. But nevertheless, this reason is not legally established as valid, and therefore it is up to the employer to decide whether to take it into account or not.

Since relocation is not a clear legal basis for dismissal without working out the required two-week period, it is better to come to an agreement with the employer and leave without conflict. If the employer insists that the citizen work for fourteen days, then it is necessary to find the most suitable way for the employee not to do this, complying with the provisions of the law. If a specialist stops going to work after submitting an application, but before the date of dismissal, his actions will be qualified as absenteeism. In this case, dismissal will be carried out in the form of a disciplinary sanction.

Options for dismissal bypassing the working off rule

The Labor Code provides for several options that allow employees, if they leave for permanent residence in another city, not to have to work. It is possible to avoid the obligation in the following cases:

  • the parties previously drew up an agreement stipulating the termination of relations in one day (under Article 78 of the Labor Code);
  • a fixed-term agreement was concluded between the parties (up to 2 months or for the period of the season, as stated in Article 59 of the Labor Code);
  • the employee is on probation (dismissal implies working no more than 3 days under Part 1 of Article 71 of the Labor Code);
  • a person intending to move to another city retires (Article 80 of the Labor Code);
  • the resigning employee has entered an educational institution, and there is an urgent need for him to attend classes (Article 80 of the Labor Code);
  • the employee submitted an application for leave with subsequent departure from work (this rest period will be credited to the period of work);
  • the subordinate provided management with a statement along with a sick leave valid within the period of compulsory service;
  • the employer committed violations of labor legislation (in the application, the employee himself sets the period of his dismissal in accordance with the instructions of Part 3 of Article 80 of the Labor Code).

There is no need to work off an employee if he is forced to move to another city due to conscription into the army. In such cases, the calculation is made in one day.

Entitled payments

For any reason for termination of cooperation, the employer is obliged to make a full settlement with the specialist. In this case, the employee must receive the following funds:

  • Salary for time worked.
  • Compensation for unused vacation days.
  • Payment for the period of incapacity for work if the employee was on sick leave.
  • Bonus payments, if they are provided for in the labor and collective agreement.

The entire amount must be paid to the officer on the date of completion of the contract. They can also be issued to a third party who presents the appropriate power of attorney.

The Labor Code does not provide for the preferential rights of employees in matters of dismissal due to relocation. In this regard, citizens need to know the provisions of regulations. An employee may ask the manager to shorten the working period, but it should be borne in mind that there is no rule in the law obliging the employer to agree to this.

Dismissal procedure

When dismissing an employee due to the relocation of the organization, the following procedure must be followed:

  1. Notify the employee of the employer’s move to another location 2 months in advance;
  2. The notice is registered; in the appropriate journal;
  3. Receiving from an employee a statement of refusal to work in connection with a transfer to another location;
  4. The application must be recorded in the appropriate register;
  5. An order is issued to terminate the employment contract in form T-8 or T-8a

about the dismissal of employees due to refusal to move;

  1. Registration of an order in the order register;
  2. Familiarize the employee with the order to terminate the employment contract against signature;
  3. The accounting department draws up a calculation note;
  4. Making an entry about the termination of the employment contract in the work book and the employee’s personal card and asking the dismissed person to sign both in the personal card and in the book for recording the movement of work books and inserts in them;
  5. Wages, compensation for unused vacation and other benefits due upon dismissal are paid;
  6. The employee is given a work book and a 2NDFL income certificate for the last two years.
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