Notice of dismissal of an employee. Sample and form 2021-2022

Drawing up a notice of dismissal of an employee occurs in cases where the dismissal is the initiative of the employer. The document refers to the mandatory part of the dismissal procedure, regardless of what specific circumstances became the reason for its implementation: staff reduction, liquidation of the organization, violation of labor discipline on the part of the employee, etc.

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Dismissal procedure

The dismissal process starts from the moment the employer makes a decision.
After this, a notification is drawn up and handed over to the dismissed employee against signature. This autograph will indicate that the information was brought to the attention of the employee.
Then the enterprise issues a special order, on the basis of which the personnel officer prepares documents for dismissal, makes appropriate entries in the employee’s personal file and work book, and the accounting department makes final payments to him.

What is a resignation letter?

Article 77 of the Labor Code of the Russian Federation lists the grounds for termination of an employment contract. One of them is employee initiative. Having decided to leave your job, you must write a letter of resignation of your own free will.

A resignation letter is a personal document required to terminate an employment contract between an employer and an employee at the initiative of the latter.

It is assumed that the initiative comes from the employee and his intention is absolutely voluntary. In practice, this does not always happen.

However, the application of Article 80 of the Labor Code of the Russian Federation is, as a rule, mutually beneficial: there is less hassle for the employer, and the employee has a normal entry in his labor record.

Another plus is that you can quit even during a period of temporary absence from work. For example, during sick leave or vacation. When terminating an employment contract at the initiative of the employer, this is unacceptable (Article 81 of the Labor Code of the Russian Federation).

Subtleties of dismissal depending on the reason

As noted above, there are different reasons for dismissal. Each of them has its own characteristics that must be reflected in the notification. For example:

if the dismissal occurs due to staff reduction, then in the notice the employee must be offered available vacancies for his transfer to another position;
if the reason for dismissal was the liquidation of the company, then the notice must provide a link to the minutes of the meeting of founders who made this decision;
if the dismissal occurs due to inadequacy of the position held, then the notification form should refer to the law that allows dismissal on this basis, etc.

Is it possible to change my mind

According to Part 4 of Article 80 of the Labor Code, you have the right to withdraw your application at any time before the expiration of the notice of dismissal. As a general rule - until 24 hours on the 14th day.

If you took a leave of absence followed by dismissal, you can withdraw your application before the start of the leave.

The application form is not specified. But you can simply pick it up from the HR department, you can make a corresponding note on the original document, or you can draw up a new one.

I ask you to consider my resignation letter of my own free will as of <date> invalid.

You can withdraw the application even if an order for your dismissal has already been drawn up and an entry has been made in the work book. But there is one “but”.

If another employee who cannot be refused employment (for example, by way of transfer) is invited to take your place in writing, you will not be able to withdraw your resignation letter.

Deadline for sending notice of dismissal to an employee

The employer is obliged to inform him in advance that the employee is subject to dismissal: from three days to two months before the event itself.

The exact period depends on the exact reason for the dismissal. When a fixed-term employment contract expires, notice can be given to the employee three days in advance; when the enterprise is liquidated, at least 60 days are required (it is believed that such a period is sufficient for the person to decide on future plans or find a new job). More details about the timing of preliminary notification of dismissed employees can be found in the Labor Code of the Russian Federation.

Dismissal of one's own free will without work

As you know, an employee who decides to quit, as a general rule, must notify his employer about this at least two weeks in advance (Article 80 of the Labor Code of the Russian Federation). That is, in essence, the employee needs to work for two weeks before being fired. Is it possible to quit without working? You will find the answer to this question in the consultation. But before we talk about whether it is possible to quit without working, let’s remember the basic rules for filing a resignation letter of one’s own free will, and also figure out why an employee must notify the employer about the upcoming dismissal at least two weeks in advance.

Employee obligations

The employee must submit an application for resignation of his own free will to the employer in writing no later than two weeks before dismissal (Article 80 of the Labor Code of the Russian Federation). The course of these two weeks begins from the next day after the employer receives the application from the employee. Therefore, an employee who decides, for example, to send a letter of resignation by mail, needs to take this fact into account.

Why is training needed?

In principle, the answer is simple: during this time, the employer will either be able to select a suitable candidate for the vacant position, or decide to distribute the amount of work of the resigning employee among other employees, and the employee, in turn, will be able to transfer his affairs without haste.

Which days are included in the working period?

The legislation does not contain any requirements in this regard. Accordingly, the two-week work period includes absolutely all days: working days, weekends, non-working holidays, days when the employee was sick or on vacation, etc.

Ways to avoid 2-week detention

Dismissal at one's own request without service is possible if the employee agrees on this with the employer (Article 80 of the Labor Code of the Russian Federation).

In addition, the law establishes cases when an employer must dismiss an employee without working off.

Dismissal of one's own free will without work

As the Labor Code states, an employee can resign of his own free will without working out if the dismissal is due to the fact that the employee, due to certain circumstances, cannot continue to work (Article 80 of the Labor Code of the Russian Federation), that is, if there are good reasons. Below we give examples of such reasons.

I would like to say right away that an employee who has the right to quit one day must indicate in the application the reason for his dismissal. In addition, it makes sense to attach to the application copies of documents confirming the existence of valid reasons giving the right to dismissal in one day.

Voluntary dismissal upon retirement

If an employee has written a letter of resignation of his own free will in connection with retirement, then the employer must dismiss such an employee on the day indicated in the employee’s statement (Article 80 of the Labor Code of the Russian Federation). That is, in this case, the employee quits in one day - without working off.

It is worth noting here that if an employee has already quit due to retirement, and then got a job again (no matter with a former employer or a new one), then upon subsequent dismissal, the rule of dismissal without service will no longer apply to him. That is, this rule applies only once - upon initial dismissal due to retirement.

Voluntary dismissal due to studies

Dismissal in one day is possible in the case when an employee quits in connection with admission to an educational institution. The employer has no right to force an employee in such a situation to work for two weeks.

Dismissal without service: good reasons

In addition to the above examples, there may be other valid reasons that do not allow an employee to continue working for a particular employer and allow this employee to quit without working. As Rostrud explained, the list of valid reasons given in the Labor Code of the Russian Federation is not exhaustive (Rostrud Report for the first quarter of 2022). Accordingly, the validity of a particular reason is determined by the employer.

Dismissal at will without work due to employer violations

An employee has the right to quit without working if the employer violated the requirements of labor legislation, the terms of a collective or labor agreement (Article 80 of the Labor Code of the Russian Federation). Moreover, an important condition for dismissal without service on such grounds is that the employer’s violations must be established. And they can be established by a labor inspector, a trade union, a labor dispute commission, or a court (paragraph “b”, paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2). That is, the mere fact that the employer committed a violation, for example, delayed payment of wages, is not enough to give the employee the right to dismissal without working.

What to do if the employer does not fire you without working off

If the employer has violated the employee’s right to dismissal without work, the latter generally has the right to apply for resolution of the dispute to the labor dispute commission or to court (Articles 348.13, 382, 391 of the Labor Code of the Russian Federation).

In addition, the employee can write a complaint against the employer to labor inspectors. It is convenient to do this online through the website Onlineinspektsiya.rf.

Dismissal without work: employer's responsibility

If an employee still has the right to dismissal at his own request without working for two weeks, and the employer denies him this right, such an employer faces a fine (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

– from 30,000 rub. up to 50,000 rub. – for the organization itself; – from 1000 rub. up to 5000 rub. – for its officials; – from 1000 rub. up to 5000 rub. – for an individual entrepreneur.

If the employer is fined for violating the employee’s right to dismissal without work, and then this employer commits the same violation again, the punishment will be more severe (Part 2 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

– for an organization – a fine of 50,000 rubles. up to 70,000 rub.; – for officials of the organization – or a fine in the amount of 10,000 rubles. up to 20,000 rubles, or disqualification for a period of 1 to 3 years; – for an employer who is an individual entrepreneur – a fine of 10,000 rubles. up to 20,000 rub.

In addition, if the employer does not dismiss an employee who has the right to do so in one day, it will turn out that the employer will violate the deadlines within which he must pay the employee the amounts due upon dismissal (Article 80 of the Labor Code of the Russian Federation). Consequently, the employer will also have an obligation to pay compensation to the employee (Article 236 of the Labor Code of the Russian Federation).

Other cases of dismissal without work

Conventionally, cases where an employee can resign of his own free will without two weeks of work include situations where the employee submits a standard resignation letter (taking into account the required work), and the period of work falls during the time when the employee will not actually work. This is possible, for example, if an employee submits an application while:

• on holiday; • on maternity leave; • on parental leave; • on a sick leave.

Important point! As a general rule, it is prohibited to fire a pregnant employee. But this prohibition applies to cases where the dismissal initiative comes from the employer. Therefore, if an employee who is on maternity leave has written a letter of resignation of her own free will, fire her without fear of any sanctions - they will not threaten you.

Dismissal without service of a financially responsible person

When changing financially responsible persons (including due to dismissal), the organization must conduct an inventory (Part 3 of Article 11 of Federal Law No. 402-FZ dated December 6, 2011, clause 27 of the Regulations, approved by Order of the Ministry of Finance of Russia dated July 29, 1998 No. 34n). But what if a financially responsible employee who has the right to dismissal without service, for example, an employee retiring, quits? After all, you can’t do an inventory in one day.

So, such an employee must be fired within the established time frame, that is, on the day specified in his resignation letter. However, it must be borne in mind that despite the fact that termination of an employment contract after causing damage does not entail the release of a party to this contract from financial liability (Article 232 of the Labor Code of the Russian Federation), the court may refuse to recover material damage from a former employee if a deficiency is identified (see, for example, Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated May 7, 2018 No. 66-KG18-6).

Is it possible to quit with less than two weeks of work?

There are cases when an employee must notify the employer of the upcoming dismissal in less than two weeks. That is, the work in this case will be shortened.

Firstly, an employee who is on a probationary period and decides to resign of his own free will must notify the employer of his upcoming dismissal three days in advance due to the fact that the job is not suitable for him (Article 71 of the Labor Code of the Russian Federation).

Secondly, a seasonal worker must notify the employer three calendar days in advance of the early termination of the employment contract (Article 296 of the Labor Code of the Russian Federation).

In addition, an employee who is required to work two weeks before dismissal can agree with the employer on a shorter period of work (Article 80 of the Labor Code of the Russian Federation).

Who will have to work more than two weeks

If the head of an organization decides to resign of his own free will, then he must notify the employer (owner or his representative) in writing about early termination of the employment contract at least one month in advance (Article 280 of the Labor Code of the Russian Federation).

Source: glavkniga.ru
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If the employee has not received notice of dismissal

If an employee of an enterprise has not received notice of dismissal, he has the right to challenge the dismissal in the manner prescribed by law.

You can submit a corresponding application to both the labor inspectorate and the court.

You can also challenge dismissal when the employer did not bother to get a signature from a subordinate to familiarize himself with the notice, even if the employee received and read it.

It should be noted that in most cases of such violations, the court sides with the employee (but only if the case does not concern the liquidation of the company - here everything is somewhat more complicated).

How to notify of dismissal during staff reduction and liquidation

The following deadlines are established for notifying employees of termination of employment due to the closure of the organization or staff reduction:

employees employed in seasonal work - no later than 7 days before the date of dismissal (Part 2 of Article 296 of the Labor Code of the Russian Federation);
for temporary employees with a contract period of up to 2 months - 3 calendar days before separation (Article 292 of the Labor Code of the Russian Federation);
for all other employees - no less than 2 months before dismissal (Part 2 of Article 180 of the Labor Code of the Russian Federation).

If an employee refuses to sign the notification, an act of this in any form is drawn up.

The text of the notification, in addition to the details indicated above, should contain:

notification of available vacancies in the company to which the employee is offered to transfer (only in case of layoff);
notice of the possibility of terminating the employment contract before the end of the notice period, giving written consent to this, with payment of average earnings for the time remaining before the date of dismissal.

It is possible to send such a document by registered mail with notification.

Further, from our website you can receive free notices of dismissal in case of reduction:

SAMPLE NOTICE OF TERMINATION DUE TO REDUCTION

Below are free notices of dismissal due to liquidation:

SAMPLE NOTICE OF TERMINATION DUE TO LIQUIDATION

What to do if an employee refuses to sign a notice

If a notice of impending dismissal is handed over to the employee personally, but he refuses to sign it, it is necessary to draw up a special act about this . In the event of litigation, this document will serve as evidence on the part of the employer that all the necessary stages of dismissal were completed properly.

In the same way, it is considered that the employer notified the employee of dismissal if the notice is sent by mail, even if the letter is returned marked “not received.” The only condition: the postal worker must also write a report about the recipient’s refusal to receive the message.

Deadlines for reviewing the dismissal order

Labor Code of the Russian Federation in Art. 84.1 does not provide for a single mandatory period for familiarization with the dismissal order. Separate articles are devoted to the timing of notification of dismissal, but information can be provided in writing without presenting the order itself, which means that such norms should not be considered as mandatory guidelines regarding familiarization with the order.

However, Art. 62 of the Labor Code of the Russian Federation states that, at his request, an employee must be given duly certified copies of all documents accompanying his work, including a copy of the dismissal order, no later than 3 days after his request. Some people mistakenly interpret this provision as the employer’s obligation to issue a dismissal order at least 3 days before dismissal.

Dedicated to the termination of an employment contract at the initiative of the employee, Art. 80 also does not provide for a period of familiarization with the order. This allows us to conclude that the order can be presented to the employee on any day, given that during the entire period of work the employee has the right to withdraw the application. This possibility raises the question for HR employees about whether it is necessary to issue an order in advance.

To avoid problems, it is advisable to do this in advance, indicating the date of dismissal. In this case, the employee will not be able to say that his rights were violated or that he did not know about the last day of his work. If the employee changes his mind about resigning, the order can be cancelled. However, issuing an order on the last working day will also not be a violation of the law.

Sample notice of dismissal of an employee

Legislators have not developed a unified sample notice of dismissal, so representatives of enterprises and organizations can write it in any form or according to a template approved in the company’s accounting policy. In this case, the notification must indicate some mandatory information:

date and place of document preparation,
name of company,
personal information about the employee: his position, full name,
reason for dismissal,
the date on which it will occur.

All other information depends on the circumstances that gave rise to this event.

In what cases is it necessary to prepare a notification?

The guarantee in the form of a warning about contract termination applies only to employees who work in organizations. This conclusion is drawn from the literal interpretation of a number of articles of the Labor Code of the Russian Federation. Features of termination of employment contracts concluded by citizens with individual entrepreneurs are regulated by Art. 307 Labor Code of the Russian Federation. It states that individual entrepreneurs have the right not to draw up a notice of upcoming dismissal if this is not provided for in the employment agreement. The courts also agree with this position (see paragraph 28 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 15 dated May 29, 2018, Appeal ruling of the Supreme Court of the Altai Republic dated September 4, 2013 in case No. 33-647).

Notification of the upcoming termination of a contract is required by law:

employees with fixed-term contracts;
those who failed the hiring test;
during layoffs and liquidations;
external and internal part-time workers, when a person is hired for whom this work is the main one.

The notice period is different in each case:

three days in advance - when the contract is urgent, the test result is unsatisfactory;
two weeks in advance - for part-time workers;
two months in advance for layoffs and liquidations.

ConsultantPlus experts discussed how to fire an employee due to the expiration of a fixed-term employment contract. Use these instructions for free.

Completed example of a letter to an employee about the upcoming termination of a fixed-term contract

Sample notice of dismissal of a part-time worker

Please note that the two-week notice period does not start from the date the notice was received, but from the next day. The proposed option of informing a part-time worker about the termination of the contract is used for both external and internal part-time workers. In the listed cases, pensioners do not have additional benefits, therefore a separate sample notice of termination of a TD for a pensioner is not provided, since the age is not indicated in the document, only the last name, first name, patronymic and position. An employer does not have the right to offer an employee to resign because he has reached retirement age; discrimination on any basis is prohibited under the Labor Code of the Russian Federation (Article 3).

How to submit a notification

The notification can be written on letterhead or a simple blank A4 sheet, by hand or in printed form - this does not play a role in determining the legality of the document. The only important condition is that the document be certified by the head of the company or a person authorized to sign such papers. It is also not necessary to certify the notification with a seal, because since 2016, legal entities are not required to use seals and stamps in their activities, and individual entrepreneurs were previously exempt from this requirement.

It is best to prepare the form in two copies , one of which is given to the employee, the second remains with the employer, and they must be absolutely identical.

How does the dismissal procedure work?

At the end of the notice period, the employer issues an order to terminate the employment contract. You must be familiarized with it against receipt (Article 84.1 of the Labor Code of the Russian Federation).

Then the personnel officer will make an entry in your work book: “Dismissed at his own request, paragraph 3 of part 1 of Article 77 of the Labor Code of the Russian Federation” or “The employment contract was terminated at the initiative of the employee, paragraph 3 of part 1 of Article 77 of the Labor Code of the Russian Federation.”

Make sure that the HR specialist does not confuse the clause, part and article of the Labor Code. Financial liability is provided for entering into the work book an incorrect or non-compliant formulation of the reason for dismissal (Article 234 of the Labor Code of the Russian Federation).

Once you receive your work book and other necessary documents, you can apply for payment. You must be paid wages for days worked in the month of dismissal, and compensation for unused vacation, as well as severance pay, if provided for in the employment contract.

That's all! You can pack your things, say goodbye to your colleagues and take your favorite ficus home.

In what cases should an employee be notified of dismissal?

The Labor Code (LC) of the Russian Federation contains a direct requirement to notify the employee of the upcoming dismissal in relation to a number of reasons for separation. These include:

Liquidation of company;
staff reduction;
failure to complete the probationary period;
expiration of the employment contract.

In practice, notifications, regardless of the reason for dismissal, are sent to remote workers, since there is often no other way to communicate with them.

Notifications may also be sent to employees dismissed for absenteeism. After all, if a person does not show up at work for a long time and does not get in touch, the employer must, before making a decision, try to contact him himself and be ready, if necessary, to confirm this in court. In such a situation, it is logical, after several attempts to contact the employee, to inform him in writing that he was fired because he never showed up at work and did not let anyone know about himself.

In other cases of dismissal for disciplinary offenses, other documents are used as the basis for issuing the corresponding order: acts of internal investigation, official and memos, acts of medical examination, if the reason for dismissal is showing up at work under the influence or organizing drunkenness in the workplace, etc. P.

Sample letter to an employee who does not show up for work as part of the dismissal procedure for absenteeism

How long before dismissal must notice be given?

In cases where it is necessary to notify an employee that the employer intends to dismiss him, the law also stipulates specific deadlines, which are:

two months in case of staff reduction and liquidation of the organization;
three days upon expiration of the employment contract and failure to complete the probationary period.

A special case is the dismissal of a woman whose fixed-term contract at the time of its expiration had to be extended due to pregnancy. When she returns to work after the end of her pregnancy or the end of her maternity leave, she must be notified of her dismissal a week in advance.

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.