The Labor Code provides an impressive list of reasons on the basis of which an employment contract (agreement) may be terminated. It is important to remember that the dismissal procedure may differ depending on these very reasons. Moreover, the differences can be very significant. For example, dismissal based on the will of an employee is very different from dismissal due to the latter committing a serious offense. One way or another, your former employee must receive notice of termination of the employment contract in a timely manner and in accordance with the procedure established by law.
Abstract of the article
- 1)
- 2) Cases of mandatory notification
- 3) Prepared by a specialist
- 4) Familiarization with dismissal
- 5) Sample: Notice of termination of a fixed-term employment contract
- 6) Sample: Notification upon reduction and liquidation
- 7) Sample: Notification to a failed test
It is important for the employer to take into account that each of his actions is strictly regulated by law. For example, if the dismissal is not based on the employee’s wishes, then the worker must be notified in advance of the upcoming termination of the employment relationship. The main thing is to document everything correctly. Otherwise, if the regulatory authorities notice that the accompanying papers are filled out incorrectly, the employer may be issued a fine, and the worker who was fired without complying with all the necessary rules may be reinstated, taking into account the payment of compensation for forced absences.
To avoid this kind of unpleasant situation, the employer can prepare dismissal notice forms in advance. All that remains is to correctly enter information about the employee and issue the paper on time, observing all the necessary rules.
A competent sample notification in 2021-2022
We have prepared a typical example of a notification for you. If you are an experienced personnel officer and you only need a form (form) and an example document, then feel free to download it. We have prepared several notification options for you.
You can download for free the notice of termination of the employment contract, completed samples and blank forms (2022) in word document format:
Notice of termination of a fixed-term employment contract (download a blank form for free)
Notice of termination of a fixed-term employment contract (completed sample) An illustrative example below on the page ↓
Notice of termination of an employment contract due to a reduction in the number of employees (blank form)
Notice of termination of an employment contract due to a reduction in the number of employees (completed) Example below ↓
Notification... due to failure to pass the test (blank form)
Notification... due to failure to pass the test (completed) Example below ↓
For those who stayed and do not want to make a mistake, we will refresh and remind you of the main points that a specialist should remember, we will discuss the rules and regulations for drawing up such a document!
The essence of the problem
The Labor Code provides a wide range of grounds for terminating a current contract with an employee.
For each case, the legislation determines an individual algorithm of actions and documentation. For example, the procedure for voluntary dismissal differs significantly from the reduction of a position or staff. In a number of cases, the employer is required to notify a subordinate in advance of his impending dismissal. This procedure must be completed in accordance with the rules established by law, otherwise the employer has the right to be fined. And a citizen dismissed from an enterprise with violations will achieve reinstatement through the court with payment of compensation for forced absences.
Unified document forms have not been developed; different samples are used. In case of termination of the contract due to staff reduction, the employee must be notified 2 months in advance and offered vacant positions for transfer. The employer sends advance notice of termination of a fixed-term employment contract upon expiration if the contract expiration date is approaching. This document is for informational purposes only and does not contain any suggestions.
To avoid problems, prepare notices of termination (termination) of the employment contract in advance. Strictly adhere to the established deadlines and rules for their delivery.
When is it necessary to notify an employee?
The employee must be notified of the upcoming dismissal in advance and in writing. The document must contain information not only about the employee, but also the date and grounds for termination of the agreement.
It is important to clarify that the legislation does not strictly regulate when a worker needs to be notified of the upcoming termination of employment, and when this procedure can be omitted. But the need to draw up such a paper is recorded in separate articles of the Labor Code.
There are also situations in which the notification is only advisory and not mandatory. As a rule, in such cases, the paper is drawn up to comply with moral standards and the rules of mutual respect between members of the enterprise.
Let's consider both cases.
The employee must be notified of the termination of the employment relationship:
- Part 2 Art. 180 Labor Code: dismissal due to reduction or liquidation of an organization;
- Part 1. Art. 79 Labor Code: if dismissal occurs due to the expiration of the agreement;
- Part 1. Art. 71 Labor Code: if the new employee failed to cope with the test set before him and necessary for further work in the organization;
- Art. 288 Labor Code: if the employee worked part-time during the absence of the main employee who returned and is ready to start working;
- Part 2 Art. 296 Labor Code: if a seasonal employee is dismissed due to layoffs.
In some cases, written notice of termination of employment is advisory in nature. All of these cases, given below, relate to Article 81 of the Labor Code: dismissal occurs at the initiative of the employer:
- An employee is subject to dismissal due to misconduct: theft of company funds, appearing under the influence of alcohol or drugs, absenteeism, loss of confidence, refusal to perform official duties or violation of internal labor regulations;
- If the manager and chief accountant resign due to a change in the owner of the enterprise;
- If the dismissal is due to the fact that management made a decision that resulted in harm to the company.
Who in the company should deal with this issue?
Any representative of the company who is a specialist and has all the necessary knowledge in the field of Civil and Labor Law to complete the task can be authorized to draw up a document.
As a rule, the paper is drawn up by a HR specialist, lawyer or secretary. In a small enterprise, the director himself can draw up the document.
How to submit a notification?
Notification of a subordinate about the upcoming dismissal is issued in writing. Since the legislator has not approved a unified form for such a document, the employer can draw it up in any form. As a rule, organizations independently develop the necessary forms. It is important that the contents of the document indicate:
- title and number of the document;
- information about the employer who sent the notice;
- information about the employee subject to final payment, namely, his full name, position, structural unit where he is registered;
- the basis on which the employment relationship between the parties is terminated. For example, reduction of an employee’s position due to the reorganization of the enterprise;
Procedure for familiarizing yourself with the document
The procedure for delivering notice to a dismissed employee is not fixed in legislative acts, so this procedure is not clearly regulated. It should be carried out in accordance with the regulations approved by the enterprise (for this, the necessary provisions must be recorded in any existing act or a new one must be drawn up). However, in practice, this kind of paperwork is only necessary for large companies. Other organizations can do without drawing up or adjusting local regulations.
Note! Under the main part of the document there must be a signature verifying it. The head of the organization or his deputy who has the necessary authority can sign. The fact of possessing these powers must be recorded on a separate paper (for example, by an order to transfer specific functions from one employee to another). The possibility of transferring powers is also better recorded in the company’s internal document, the charter.
Also, do not forget that the document is drawn up for the employee’s familiarization with it, which means that the signature of the person being dismissed must also be on the paper. However, if this is recorded in the company’s local act, the employee can sign in a special journal, and not directly on the notification form.
What data is inside such a log?
- Name of the document and its details: number, date, etc.;
- Last name, first name, patronymic and position of the employee. And also the name of the structural unit to which it belongs in accordance with the staffing table;
- A mark confirming that the dismissed person has read the contents of the notice;
- Date of familiarization of the worker with the document;
- Signature of the employee and transcript of the signature.
Virtually any employee can hand over the notification form: the secretary, the manager, and the immediate supervisor. If we are talking about a medium or small organization, then the paper is often handed over by its head himself. If the enterprise has a personnel department, then, as a rule, the paper is handed over to the employee through a specialist from this service.
How is it compiled?
There is no approved notification format. The notification is drawn up in any form on a form indicating:
- Date of notification.
- Outgoing number.
- Organization details.
The alert text itself includes:
- Title of the document.
- Its name (about staff reductions, etc.).
- Full name of the head.
- Full name of the notified employee.
- Indication of the date and reason for termination of the contract (with reference to the Labor Code of the Russian Federation).
- Reference to the document on the basis of which the contract is terminated.
- Signature of the head of the organization. The signature of other persons who are not the head of the company may cast doubt on the legal validity of the document.
- The employee's signature confirming that he has read the document.
Are you in the process of being laid off? It is important to know what certificates are issued to employees upon dismissal and what documents the employer is required to provide.
Expiration of the agreement
The employer has every right to dismiss an employee with whom a fixed-term employment contract was concluded if the period of its validity has come to an end. This is clearly regulated by Article 77 of the Labor Code, namely, clause 2. part 1.
But the employer cannot simply up and send the employee out because the agreement has terminated. By law, the employer is required to notify the person being dismissed three calendar days before the expiration of the document.
To notify an employee, you need to draw up a special paper, the so-called “Notice of termination of a fixed-term employment contract,” through which the worker will be notified of the dismissal and the need to appear at the accounting department to receive all the papers and payments due on the last working day. The notice is drawn up in two copies: one for the employee, the other for the employer. The second must contain a mark indicating its receipt by the employee: date, signature of the worker, transcript of the signature.
Let us repeat that the document on termination of a fixed-term employment contract must be signed either by the head of the organization or by a person replacing him and having all the necessary powers. If the document bears the signature of a person who does not have such authority, then the paper will not have any legal or legal force.
Draw your attention to! The described procedure actually refers to the dismissal of an employee at the initiative of the employer. The fact is that dismissal based on the expiration of the agreement is made on the basis of the will of any party: either the employer or the employee. If neither one nor the other wants to terminate the employment relationship within the established period, then the employment contract will be considered extended for an indefinite period. Simply put, a fixed-term contract will be re-concluded, after which it will become indefinite.
Important points
The notice of termination of the contract is drawn up in 2 copies (absolutely identical), one for each party to the employment relationship. The next step in dismissal is drawing up an order within the period specified by law.
If the employee refuses to sign the notice, then a special act is drawn up. It is evidence that the employer has completed all the necessary stages of dismissal in resolving conflict situations in court.
It is permissible to notify a subordinate of the termination of a contract earlier than the established period of time. Being late is a violation of the Labor Code and entails administrative liability.
Downsizing and liquidation of an enterprise
Sometimes, no matter how sad it is for employees, the management of an organization is forced to resort to staff optimization - a procedure that implies the dismissal of less productive employees. In order to fire a permanent specialist correctly, avoiding questions from regulatory authorities, the employer needs to take into account a number of nuances. One of the most important is notifying employees about upcoming layoffs. Employees must be notified no later than two months before layoffs. All of the above also applies to the process of liquidation of an enterprise. Of course, there are some nuances, but there are no fundamental differences in the issues of notifying employees.
The dismissed person must sign the completed notice, confirming the fact of familiarization. If a worker refuses to put his signature on paper or in a journal, then the fact of refusal must be recorded in writing by drawing up an appropriate act.
If it is necessary to notify a seasonal employee about the reduction or liquidation, then this must be done seven calendar days before the date of dismissal; this is regulated by part two of Article 296 of the Labor Code. If the validity period of the drawn up employment contract does not exceed two months, then the dismissed worker must be notified no later than three days before the dismissal, as stated in Article 292 of the Labor Code.
If an employee refuses to read
The notification procedure includes the following steps:
- Prepare 2 copies of the document.
- Register it in a special journal.
- Give the document to the head of the organization for signature.
- Familiarize the employee with the document. One copy is given to him, the other remains in the organization.
- If the employee refuses to sign, a corresponding act is drawn up. The act is drawn up in the presence of two witnesses. The fact of refusal is recorded in a special journal.
What does the act include:
- Name and title of the document: act of refusal of the employee to sign the notice.
- Date and place of compilation.
- Reflection of the fact that the notice was given and there was a refusal to sign it.
- Details of the notification, its content.
- Full name and position of the employee who refuses to sign.
- Full name and position of the employee who submitted the notification.
- Names, positions and signatures of witnesses.
- Full name, position and signature of the author of the act.
Proper execution of documents upon dismissal will protect the employer from possible litigation with employees and government agencies. To do this, we recommend that you read the following articles:
- Statement.
- Note-calculation.
- Entry in the work book.
- Personal card: grounds for termination of TD and sample entry.
- Order and act on the transfer of Delhi MC.
Didn't pass the test
If in your case a new and promising employee does not pass the test, and you decide to part with him, then he must also be notified of this unpleasant event. What does the law say? And the law says that you must notify such an employee exactly three days before the date of his dismissal.
Draw up a document and give one copy to the employee for signature. In case of refusal, invite witnesses to record what happened.
Andrey Shilov, HR lawyer
Legislative regulation
The dismissal of an employee at the request of the employer is regulated by Art. 81 Labor Code of the Russian Federation. Therefore, the basis of the document should be those reasons that are listed in paragraphs 1-13 of this norm.
Certain grounds for dismissal are regulated by other labor legislation.
So, part 2 of Art. 180 regulates the issuance of a notice in connection with the liquidation of an organization only under the signature of an employee (like any other type of notice).
Without it, the warning is considered not delivered, which may lead to a violation of the deadlines and labor rights of the employee.
In cases where an employee refuses to sign the document received, HR department employees draw up an act , which can subsequently serve as evidence that the employee has been warned about the termination of his employment contract.
Reference. The form of notification is not subject to regulatory regulation. It is established by each organization individually.
What information is recommended to be included in the document?
Despite the fact that the exact form of the notification is not established by law (there is no approved sample to fill out or form), it must contain all the necessary information regarding the reasons for termination of the employment contract with the employee .
- The preamble of the document must contain its number and date of preparation.
- Name – “Notification”.
- The title of the document must contain the reason for dismissal (liquidation of the organization, staff reduction, non-compliance, etc.).
- Information about the organization (name, OGRN and TIN of the organization or name of individual entrepreneur and registration number) and the head of the organization (full name, position).
- Information about the dismissed employee (full name, position and structural unit).
- Number and date of the employment contract.
- Reasons for its termination with confirmation in the form of references to local acts of the organization recording the relevant Orders for liquidation or violation of discipline by the employee, etc.
- Seal of the organization and signature of the head with a transcript.
- The employee’s note about familiarization and his signature.
When is an employer required to notify an employee of dismissal?
Labor legislation obliges the employer, if he wishes to terminate cooperation, to send the employee a notice of termination (termination) of the employment contract with him. He may receive a notification document in the following cases:
- Upon liquidation of a legal entity or termination of the activities of an individual entrepreneur.
- Reduction in staff or numbers.
- Inconsistency of the employee with the position held.
- Repeated failure to fulfill labor duties or their single gross violation, as well as the commission of illegal actions by the employee.
- Dismissal of a foreign citizen.
- Termination of a fixed-term employment contract.
In accordance with Art. 180 in this case, each employee receives a notification personally and against signature. The document must reflect a reference to the written decision (act) of the founders who decided to terminate the organization’s activities or to a court decision on liquidation, as well as the date of the meeting of the liquidation commission.
Before handing over the notification document, the employer or other authorized persons draw up an Order on staff reduction, a link to which must be included in the notice. As with liquidation, the signature of the laid-off employee must be present.
The basis for dismissal in this case is the result of the certification and the employee’s refusal to move to another position that is more suitable to his qualifications.
Links to the certification result and the refusal certificate must be present in the notification.
When dismissal due to a change of owner, an important document is also an act of refusal to go to work for the new head of the organization.
In these cases, notice is also sent to the employee, but his signature is not a mandatory basis for dismissal. The document must contain a reference to an act confirming failure to fulfill job duties or violations committed by the employee (for example, absenteeism without good reason).
In addition to directly notifying the employee, the document must also be sent to the Main Department of Migration Affairs of the Ministry of Internal Affairs at the place of registration and work of the foreigner.
The expiration of the period serves as the basis indicated in the notification.
