We draw up a dismissal order (form, form, sample)

When is the T-8 dismissal order form used?

An order for voluntary dismissal is issued on the basis of a corresponding application from the employee.
In this case, the dismissal order makes reference to clause 3, part 1, art. 77 Labor Code of the Russian Federation. Be sure to familiarize the dismissed employee with the order on the day of dismissal against signature. If an employee refuses to sign or there is no way to familiarize him with the order, a note about this is made on the document (Article 84.1 of the Labor Code of the Russian Federation). The T-8 dismissal order form is universal and can be used in various situations related to the dismissal of employees (meaning various grounds for dismissal).

Order T-8 is not the only document that is drawn up upon dismissal of one’s own free will. What other documents will be required, how to draw them up correctly and what other actions to take in connection with the dismissal, you can find out in ConsultantPlus. Get free access to the system and go to the Typical Situation.

The general grounds for termination of an employment contract (hereinafter referred to as TD) are listed in Art. 77 Labor Code of the Russian Federation. Upon dismissal, appropriate notes are made in the employee’s work book, as well as on his personal account / personal card (forms T-54 and T-2, respectively), indicating the date/number of the dismissal order. Also, a settlement is made with the dismissed employee using the T-61 form.

You will receive more information about personnel documents by reading our article “Personnel documents that must be in the organization .

Documentation upon termination of a contract with an employee: procedure

The dismissal procedure requires compliance with all requirements in order to avoid mutual claims and problems between the employer and employee. The legislation establishes the following algorithm of actions upon termination of a contract :

The employee writes a statement indicating the reason and date of termination of the employment relationship.
The employer accepts the application and issues a dismissal order, which is signed by the employee.
Compensation for unused vacation is calculated.
Calculation is made for days worked.
Personal income tax and insurance premiums are calculated on payments due to the employee.
A record of dismissal from position is made in the personal card of the dismissed person.
The final payment is made.
An entry is made in the work book.
On the day of dismissal, the employee is issued a work book, a certificate of salary for two years, a certificate of calculation of termination of employment, a dismissal order (you can view the full list of certificates upon dismissal from work here).
At the employee's request, certified copies of other documents are provided - employment orders, information about vacations, etc. (what documents are issued upon dismissal?).

When an employee is dismissed at the initiative of the employer, a dismissal order is immediately issued, which must indicate the reason for the dismissal and the corresponding paragraph of Part 1 of Art. 81 Labor Code of the Russian Federation. When dismissal by agreement of the parties, the employer and employee sign a corresponding agreement, which determines the date of dismissal and makes reference to Art. 78 Labor Code of the Russian Federation.

Article 78 of the Labor Code of the Russian Federation. Termination of an employment contract by agreement of the parties

An employment contract can be terminated at any time by agreement of the parties to the employment contract.

Statement

The employee notifies the employer of his resignation in writing . The application is drawn up in any form, indicating:

position and full name of the manager;
dates of the last day of work;
reasons for dismissal;
dates of writing;
employee signatures.

The application can be delivered personally to the manager or sent by mail . The employer is obliged to accept the document, sign it and register it with the human resources department.

According to Art. 80 of the Labor Code of the Russian Federation, an employee has the right to withdraw an application at any time, up to the day of dismissal.

Notice periods

The warning period as a general rule is two weeks . It can be changed in the following cases:

If you dismiss at your own request during the probationary period - up to three calendar days (part 4 of article 71 of the Labor Code of the Russian Federation).
Upon termination of an employment contract with a manager - up to one month (Article 280 of the Labor Code of the Russian Federation).
Upon dismissal of a coach or athlete with whom a contract was concluded for a period of more than four months - up to one month (Part 1 of Article 348.12 of the Labor Code of the Russian Federation).
An increase in the period to one month may be provided for in the employment contract.

Article 280 of the Labor Code of the Russian Federation. Early termination of an employment contract at the initiative of the head of the organization

The head of the organization has the right to terminate the employment contract early by notifying the employer (the owner of the organization's property, his representative) in writing no later than one month in advance.

The warning period is counted from the date the application is received by the manager, and not from the date of writing. Therefore, when sending a document via mail, you should add the delivery time of the letter.

The Labor Code of the Russian Federation does not oblige an employee to work until the date of departure; the employee may be on sick leave or on vacation. Termination of an employment relationship is possible without work and before the expiration of a two-week period:

Mutual agreement of the parties.
Employee retirement.
The dismissed person is on parental leave for up to 1.5 years.
Failure of the employer to comply with the terms of the contract. Violations must be officially recorded by labor protection authorities or a court.

Order

Let us briefly familiarize ourselves with the rules for drawing up an order to terminate an employment contract. After registering the application, the HR department draws up a dismissal order. The unified form No. T-8 was approved by Decree of the State Statistics Committee of January 5, 2004 No. 1. The employer can develop its own order form or use a standard one. The order is handed over to the employee for review under signature .

Certificate of income for two calendar years

Based on the dismissal order, the accounting department begins to calculate estimated payments and prepare the necessary documents. Order of the Ministry of Labor of Russia dated April 30, 2013 No. 182n approved the form of the income certificate that is issued upon dismissal of an employee. Certificate 182n provides information about the employee’s income for the last two years of work, or less if he did not work for the full period.

The unified form consists of several sections:

Information about the organization.
Information about the dismissed employee.
Data on income for the last two years, from which insurance deductions were made.
The periods for which no deductions were made to the funds are indicated.

The document can be compiled on a computer, filled out by hand on letterhead or A4 sheet. The certificate is signed by the chief accountant and the chief manager of the organization. The document is made in one copy and given to the employee on the day of dismissal from office along with the rest of the documents.

Paper on payments to the Pension Fund

Upon dismissal from a position, the employer is obliged to provide the employee with an extract from the personalized accounting information filled out in the following forms:

SZV-M , approved by resolution of the Board of the Pension Fund dated December 1, 2016 No. 83p.
SZV-STAZH , approved by Resolution of the Board of the Pension Fund of December 6, 2018 No. 507p.

Information on income and withheld insurance premiums is entered based on accounting data. Information about the period of work is filled out according to documents provided by the HR department. SZV-M contains data for the reporting month, and SZV-STAZH contains information for the reporting and current year. Certificates are issued to the employee on the day of dismissal.

Entering information about termination of the contract into a personal card

A personal card is created by the HR department for each employee registered for work . It contains complete information about the employee, all entries from the work book are duplicated. Information about termination of the employment contract is entered on the employee’s last day of work, after filling out the work book.

He must personally sign the card and confirm the accuracy of the information entered on it. The personal card is not issued to the employee; it is kept by the organization for 75 years.

Note-calculation

The document is drawn up according to form T-61, approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1. The employer can draw up its own form of the document; it is not necessary to use the standard one. The calculation note is filled out by HR and accounting department specialists. The help consists of several sections:

Employee information:
Employee details.
Grounds and date of termination of the employment contract.
Data on the number of days of unused vacation or the provision of vacation “in advance”, and the number of missing days. In the second case, the amount paid in advance will be deducted from the calculation.
Date of completion and signature of the HR specialist.
Calculation of the amount of compensation for unused vacation days . The information in the section is entered by an accounting specialist.
Calculation of payments due to the employee. Contains data:
amount of vacation pay;
other charges;
the amount of income tax on the total amount of accruals;
other types of deductions;
the organization's debt to the employee;
the employee's debt to the company;
the final amount due to the employee;
date of completion and signature of the accounting employee.

Information about settlements with the employee is included in the package of mandatory documents issued to him upon termination of the employment contract.

How to make a payment?

The final settlement with the dismissed employee is made on the employee’s last day of work. If the salary in the organization is paid in cash, and the dismissed person was unable to come for the money, then the payment must be made no later than the day following the day the employee applied for payment. If the employer violates the deadlines, the employee is paid compensation in the amount of not less than 1/150 of the Central Bank key rate of the unpaid amounts (Article 236 of the Labor Code of the Russian Federation).

From June 17, 2022, the key rate is set at 7.5%. The calculation is for each day of delay, up to and including the day of actual payment of funds. For example, for a delay 12,000 rubles. salary from July 1 to July 12, the employee will receive compensation in the amount of 66 rubles (12,000 rubles x 7.5% x 1/150 x 11 days).

How should a work book be drawn up correctly?

An entry in the work book is made on the basis of a dismissal order . The procedure for registering a labor document is regulated by Resolution of the Ministry of Labor dated October 10, 2003 No. 69. The following data is entered:

record number;
date of dismissal from office;
a note on termination of the employment contract;
the basis for termination of the employment relationship, the required article of the Labor Code of the Russian Federation is prescribed;
details of the dismissal order;
certifying signatures: of the dismissed person and the employer or his representative.

After registration, the work book is given to the employee, he signs in the personnel department journal for its receipt.

With the written consent of the employee, documents can be transferred to him by registered mail.

You can find out what a copy of a work record book is and when a dismissed employee needs it here.

Preparation and issuance of certified copies of other documents to a dismissed person at his request

Upon termination of the contract, the employee may require the provision of additional certificates and documents . They are issued based on the employee’s application, no later than three calendar days after the application. Such documents include:

2NDFL certificate for the current year, it is optimal to take several certified copies. Filled out according to the form established by Order of the Federal Tax Service dated 10/02/2018 N ММВ-7-11/ [email protected]
Certificate of average earnings for receiving unemployment benefits.
A copy of the SPV-2 form, approved by Resolution of the Board of the Pension Fund of the Russian Federation dated 06/01/2016 N 473p, and containing data on the insured experience for establishing a pension.
Copies of orders for employment, transfer, industrial accident, and other documents relating to the employee’s activities.

All documents must be signed by management, if there is a seal - stamped, copies certified in the generally accepted manner.

Grounds for termination of an employment contract

In addition to the above dismissal at the employee’s request, there are a number of other grounds for termination of TD. Here is a list of frequently encountered grounds with links to articles of the Labor Code of the Russian Federation that will need to be indicated in the dismissal order:

mutual agreement between employee and employer (Article 78);

The algorithm for registering dismissal by agreement of the parties is somewhat different from dismissal at one's own request. Explanations from experts, as well as samples of relevant documents and entries in the work book will help you correctly draw up a complete set of documents for this case. Get free access to K+ and go to the material.

identified employee initiative (Article 80);
refusal of an employee to continue working due to changes in the conditions of the labor contract (Article 74);
employer's decision (Articles 71, 81);
violation of the legally established rules for signing a TD, if as a result a situation has arisen that excludes the possibility of continuing work (Article 84);
the employee’s reluctance to move to another area to continue work along with the employer’s move (Article 72.1);
expiration of the term of validity of an urgent TD (Article 79);
the employee’s reluctance to remain in the company when its owner changes, subordination changes or the legal entity is reorganized (Article 75);
refusal of an employee to transfer to another job for health reasons (Article 73);
circumstances beyond the control of the parties to the transaction (Article 83).

You can familiarize yourself with the dismissal procedure in various situations in our articles:

“Procedure for dismissal due to loss of confidence”;
“Dismissal for medical reasons - step-by-step procedure”;
“Dismissal for drunkenness - a step-by-step procedure”;
“Dismissal procedure due to liquidation of an organization”;
“Dismissal of an employee due to retirement (nuances)”, etc.

Is it possible to dismiss an employee based on a copy of the application received by e-mail or fax? Read here. See also “Resignation on the Internet - a new court decision.”

Order

Termination of an employment contract must follow a certain procedure described in labor legislation, namely, in Article 80 of the Labor Code of the Russian Federation.

In two weeks (or less), the chief accountant must transfer his affairs (as well as all reporting documentation) to the new employee in his position, the CEO or owner of the company.

Statement

In the labor legislation of the Russian Federation there is no unified application form for voluntary dismissal.

However, there are some principles that need to be followed when resigning :

The application must be handwritten (although even if it is typed on a computer and then printed, it must be accepted for registration).
The application must be written in the name of the employer or his authorized representative, for example, the general director, who is an employee.

In the upper right corner you need to indicate:

Full name and position of the person in whose name the application is written.
Name of the employer, indicating the organizational and legal form.
Full name indicating the position of the person making the application.

After which, in the middle of the page you should write the word “Statement”. After it, the very essence of this document is written. In the case of a resignation letter, you must indicate the following :

The day on which the employee wishes to resign.
For what reason does the employee want to leave (in this case - “At his own request”).
If there is some unused vacation and you want to use it, then write about it.
Date of.
Applicant's signature.

After which the resulting application is sent to the employer or to the personnel department. It is advisable to make two copies of the application so that on one of them the recipient puts a mark with the number of the incoming document and, of course, his signature.

If this is not possible, the application should be sent by registered mail.

How to fill out an order

The dismissal order is drawn up by a personnel employee. In the column in which the basis for termination of the trade union must be indicated, the exact wording of the reason for dismissal must be given with reference to the norm of the Labor Code of the Russian Federation. In the line where the basis document should be described, its name and details are indicated in the form of number and date. For example, this could be a statement from the employee himself, a memo, a medical report, a summons to the army, etc.

If an order is drawn up to dismiss a materially responsible person, it will need to be accompanied by documentary evidence of the absence of property claims against the dismissed employee. If the dismissal order is issued on the initiative of the company’s management, then the opinion of the trade union of this organization (if it has been created and is functioning) is attached to the order.

Dismissal at the initiative of the employer

It is impossible to fire the chief accountant (like any other employee) simply because of personal hostility. A reason is required for termination of the employment contract by the employer. What is called, “according to the article” .

Not long ago they wrote on “Clerk” that the head of the HR department was looking for ways to fire the chief accountant only because she wanted an increase in salary due to the assignment of additional responsibilities. Moreover, in essence, there was nothing to undermine the work - the chief accountant performed her duties without complaints.

But if the chief accountant is still unscrupulous, then the Labor Code has a basis enshrined in clause 5, part 1, art. 81 Labor Code (repeated failure to fulfill labor duties).

Another reason is the adoption by the chief accountant of a decision that led to a violation of the safety of property , its unlawful use or other damage to the company’s property (clause 9, part 1, article 81 of the Labor Code of the Russian Federation).

If the chief accountant combines work with servicing inventory (for example, he is also a cashier), then the grounds for dismissal under clause 7.1, part 1, art. 81 TK. Due to loss of trust .

Another option is to reduce the accounting department in principle, with the aim of outsourcing accounting .

In all other cases, including the famous “write your own way,” there is a risk for the employer of going to court, being forced to return the fired employee to his position, and paying average earnings for the period of wrongful dismissal.

Where to find an order for dismissal at your own request, sample 2022

In practice, many enterprises continue to use unified forms of documents, although it is not necessary to use them now. These forms, as a rule, contain all the necessary details and are convenient for entering data.

The dismissal order form, relevant in 2022, is the T-8 form developed by the State Statistics Committee (you can use your own form, but the T-8 is more common). You can download it on our website using the link below:

You can also download from us a sample order for dismissal at your own request:

How long to work

One of the key questions that concerns an employee—how much work to do when leaving voluntarily—is not difficult. The established period is two weeks, but by agreement with the employer the employment contract can be terminated earlier. In accordance with Letter of Rostrud No. 1551-6 dated September 05, 2006, the deadline for dismissal at one’s own request begins the next day after the employer receives the application. The duration of the period is two weeks. Therefore, if the application is sent by mail, it is necessary to take into account the time it takes to deliver the postal item.

If the employer receives a document whose date does not correspond to a two-week period, he can:

agree and resign on the date specified in the application;
disagree and warn the employee about it.

When it is impossible for an employee to continue working (enrollment in an educational organization, retirement and other cases) and in cases of established violation by the employer of the Labor Code of the Russian Federation and other regulatory legal acts, local regulations, conditions of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the application.

Instructions from ConsultantPlus experts will help you fill out all the documents correctly and take into account important details. Follow the link below to get free access.

to read.

Results

A dismissal order is drawn up in all cases of termination of an employment contract.
Information about the order is entered into the work book, so it is important to follow all the rules for filling out this primary document. The employee must be familiarized with the order. Personnel employees prefer to use a unified form of this order, such as T-8. You can download its form and sample in our article. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Dismissal by agreement of the parties

This, one might say, is an ideal option when dismissing a chief accountant. The parties calmly agreed on when he would leave and what he should do to ensure a painless separation.

With this method of dismissal, an agreement to terminate the employment contract is drawn up, which must indicate:

subject of the agreement;
date of dismissal;
the conditions under which the procedure will be performed;
possible consequences of violating the agreement.

It is compiled in free written form; there are no established models.