Entry in the work book dismissed at the initiative of the employee. Entry in the work book about dismissal of one's own free will. Cases when the employee expressed his own desire

Leaving a job “on your own” is the most common reason for dismissal. There are two interesting points here:

  1. Very often there are situations when an employee is simply forced to write a statement of his own free will, so as not to have any legal proceedings further.
  2. Cases of “wrongful dismissal” are common.

We will examine the first point in more detail later. As for the second, the main reason lies in the incorrect application of certain rules Labor Code.

"Correct" article

Despite the main basic principles regulations, namely “absolute clarity in the wording”, very often misunderstandings arise. Under what article should dismissal be made? Clause 3 art. 77 or Art. 80 Labor Code of the Russian Federation?

But in fact there is no problem in understanding here. One is considered procedural (how to legally change jobs correctly), and clause 3 of Art. 77 of the Labor Code of the Russian Federation - normative, i.e. indicates the fact itself.

Almost everyone knows that you need to work for 2 weeks before leaving the organization. Let us immediately clarify one very important nuance.

Dismissal (clause 3 of Article 77 of the Labor Code of the Russian Federation) does not provide for any work.

You just need to notify the employer no later than this period. Of course, during this period you will have to perform your functions at the enterprise. Hence the erroneous opinion. But let us clarify that compulsory work for half a month is optional.

You can go on sick leave or vacation, warning your employer about future dismissal. IN in this case there can be no working out.

Clause 3 art. 77 Labor Code of the Russian Federation: entry in the work book

The most common mistake is incorrect entry. Very often, clerks incorrectly indicate the article in the work book. After this, many former employees face a problem during new employment or when applying for a pension. Clerks put the mark “dismissed on the basis of Art. 80 Labor Code of the Russian Federation."

But the legislation does not provide for the termination of obligations on the basis of this article. It is important to see the order to terminate the contract. If it is based on the same article, then legally the employee is not fired, because legal procedure was not followed.

Hence the problem for the former employee: he may not be hired for the new position. You must definitely contact former organization for correction. The document must contain the following entry: clause 3, part 1, art. 77 Labor Code of the Russian Federation (termination employment contract By employee initiative).

But let's move on to another common mistake.

Clause 3 art. 77 Labor Code of the Russian Federation: entry into the labor record. Writing sample

Clerks and directors often face a similar problem. The article seems to be indicated accurately, but the entry is still invalid. The fact is that the wording is as follows: “P. 3 tbsp. 77, dismissal of one’s own free will.”

But according to the rules for filling out the entry must fully comply with the norms of the Labor Code of the Russian Federation.

Therefore, the writing sample will look like this: “Dismissed under clause 3 of Art. 77 of the Labor Code of the Russian Federation - termination of an employment contract at the initiative of the employee.”

The record is radically modified, although the underlying reason remains the same.

Consent of the parties: what is the difference?

There are situations when an employee is forced to write at his own request. The reasons, of course, are purely individual. The new director is selecting personnel, the employee is no longer happy, there is a reorganization, pregnant women are often forced to do this, etc. The Labor Code has two paragraphs of Article 77, which seem equivalent to ordinary citizens:

  • By agreement.
  • At your own request.

Many professional lawyers engaged in labor disputes, they know that termination of the contract in the second case can be challenged in court. It is enough to provide arguments and prove that the employee was subjected to psychological impact by the enterprise administration. Consequently, the termination order will be canceled in court, and the employee will be reinstated with all rights.

Clause 1 art. 77 of the Labor Code of the Russian Federation does not provide for such a loophole. It just follows from the fact that the employee and the employer have any conflicts and disagreements.

Usually, former employee any “compensation” funds are paid in order to terminate the employment relationship peacefully and without consequences for both parties. In court, all arguments will be useless. It is almost impossible to recover.

How to resign correctly

To do this, you must notify the employer 2 weeks in advance. If the relationship is trusting, then this can be done orally. But in the event of a conflict, it will be difficult to prove this in court later. Therefore, to avoid misunderstandings, statements should be written.

Writing sample

No special requirements or special legal education required. You can write the following to the manager: “In accordance with Art. 80 of the Labor Code of the Russian Federation, I ask you to dismiss me from my position.”

Below is the number and signature. From the day the manager or other authorized official receives this application, the two-week period will begin to count.

Everyone should know this

It is important to know two very important things:

  • It is not necessary to indicate regulations when writing such a statement.
  • No one has the right to prohibit someone from resigning of their own free will.

They don't sign the application. What to do?

It’s a fairly common practice when a person wants to change a company for one reason or another, but they start putting spokes in his wheels: “there’s no director in place,” “let’s do it, I’ll sign it later,” etc. And after a while they refuse with the wording “there is no one to work”, “I do not agree to your dismissal”. Some are so dishonest that you can hear the answer “I didn’t see your application” and so on.

To avoid these or other problems, it is enough to follow one of two scenarios:

  1. Write a written application and register it with the secretary or other authorized person.
  2. Send a registered letter.

The first option will be faster, because... the two-week period will begin the day after registration. The employer will not be able to later claim that he “did not see and did not know.” The duty of the secretary or other authorized person to notify the authorities as soon as possible.

With the option of sending through the Russian Post service, everything will take a little longer. The two week period will start from next day when the employer received the letter, and not from the moment it was sent. When the application has reached the addressee, it will be indicated in the notification, which means the employee will know the exact date of receipt.

After this, the director will have to release the employee. Clause 3 art. 77 of the Labor Code of the Russian Federation obliges us to do this.

If you change your mind, what should you do?

Such cases are also not uncommon. The reasons can be different: there was no agreement on a new place of work, the director realized that the employee really wanted to leave, and improved working conditions and much more.

To cancel an application that has already been submitted, you must write and also officially register a new one in accordance with all the rules. No matter how good the relationship between him and the employer may seem to the employee, it is important to know the main rule: the application for refusal of dismissal must be submitted officially, i.e. in writing through a secretary or by mail.

What is it for?

There are often cases when the employer is not against such dismissal. But he had no reason to do it himself. And then the employee himself brings such a letter of resignation under clause 3 of Art. 77 Labor Code of the Russian Federation.

Then after some time the employee announces that he has changed his mind. The director, knowing the legislation, says with joy on his face that “I understand everything, continue working.”

After a two-week period from the date of writing, the application is issued in accordance with clause 3 of Article 77 of the Labor Code of the Russian Federation - at one’s own request.

There is no use going to court. Legally, the director did everything correctly. One of the principles of law was at work here: “Most moral principles become legal norms, but not all.”

When refusing, there is one very important nuance. If from the moment of submission to his refusal a written invitation was sent to another person to accept this position, then it will no longer be possible to cancel it.

Here the law will be on the side of the future employee, i.e. someone who has already been invited. Because Now no one has the right to refuse him employment.

Therefore, it is necessary to weigh everything carefully before writing a letter of resignation. There are times when there is no way back.

Where to defend labor rights

If during the dismissal procedure or in any other case that arose during labor relations, your rights have been violated, then you need to defend them in one of the following ways:

  • Contacting the Protection Inspectorate labor rights.
  • Statement of claim to court.
  • Contacting the prosecutor's office.

Citizen Russian Federation whose rights have been violated may appeal simultaneously to all competent authorities. Administrative punishment is provided for the guilty person. But the citizen himself does not have the right to initiate such a case through the court. This can only be done by either the prosecutor's office or the labor inspectorate. To do this, you need to send a complaint to these structures.

In parallel, the employee has the right to file a lawsuit in order to receive compensation for moral damage or any other payment from the employer, if provided by law, because administrative sanctions do not provide for this. All fines issued by the prosecutor's office will go to the state. Therefore, it is better to contact the regulatory authorities in order to bring the offender to justice and go to court for moral or other payments.

Cases exempt from service

There are reasons in the Labor Code that allow an employee to leave before the due date of 14 calendar days. Let's say right away that the report begins the next day after the relevant notification is submitted.

These include:

  • Employee training.
  • Mutual agreement.
  • Violation of labor rights.
  • Other.

The first two are more or less clear. As for violation of labor rights, what is meant is not the subjective opinion of the employee. This refers to the official holding of the employer to responsibility. And it must necessarily concern the employee who decided to leave earlier than expected.

When will the payment be made?

After an official order, all payments for time worked must be made on the day of dismissal. And this is not a “gift” from the company, it is an obligation according to the Labor Code. Violation of this norm is a reason to defend your rights and contact regulatory authorities. In addition to salary, the employee is entitled to payment for unused vacation. You can calculate it yourself if you know average monthly earnings and the exact number of days worked. Payments under it must also be made on the day of the dismissal order.

The only exception to this rule is sick pay. From the moment of provision medical certificate The accounting department recalculates within 10 days and pays it on payday at enterprises.

If the employee is not on site on the day of payment (business trip, vacation, sick leave), then all payments must be made no later than one day after his request.

Correct guidance personnel records- real science. In order to avoid mistakes leading to administrative penalties, HR department specialists must follow the standards established in the Russian Federation with absolute accuracy. labor legislation. Including those articles that stipulate the rules for maintaining documents regarding the hiring and dismissal of employees.

Labor Code to help

In order to dismiss an employee in full compliance with the law, among other procedures, it is necessary to make a correct entry in his personal work book. However, you don’t need to figure out on your own how to formulate this or that reason for dismissal; you should remember that the wording for everything possible reasons This is clearly stated in the Labor Code of the Russian Federation. When making an entry, it is necessary to indicate the number of the article, part, and also paragraph of the Federal Law - this is precisely the norm established in the article.

Why do you need a work book and what information does it contain?

Before starting a more detailed conversation about records for reasons for dismissal, let’s consider why a work book is needed in the first place. As the law explains, a work book is an important document that allows you to calculate your total work experience, for example, for calculating a pension; contains information about education, and also informs employers about the merits of the new employee in previous places of work and the reasons for dismissal from there. The following must also be included in the work book:

  • dates and reasons for the employee’s transfer from one position to another;
  • information about hiring and dismissal;
  • information about obtaining additional professions;
  • messages about completed advanced training and retraining courses;
  • part-time data;
  • information about awards and achievements, etc.

If an employee has changed his last name or his name has changed while working for the company, this must also be noted in the work book.

Now let’s take a closer look at the most common reasons for dismissals and the rules for entering information about this into the work book.

Caring on your own - how to reflect it in your labor report

Oddly enough, it is precisely leaving work on a person’s personal initiative that most often raises doubts among novice personnel officers: what to refer to, what entry to make in the employment record in this case? Due to the fact that the Labor Code contains several articles suitable for this situation, there are several options:

  1. first option: rely on . Then you should write something like the following: “In accordance with clause 3, part 1, art. 77 of the Labor Code of the Russian Federation, the employment contract was terminated at the initiative of the employee.” This recording is not satisfactory;
  2. can be formulated a little differently: “In accordance with clause 3, part 1. Art. 77 of the Labor Code of the Russian Federation, dismissed at his own request.” This possibility is indicated in (the Instructions were specially developed and approved by the Russian Ministry of Labor).

In cases where an employee leaves a position on his own initiative due to reasons that allow him to receive some benefits, subsidies and other advantages, the personnel specialist must clearly indicate these reasons.

Among others, this may include child care if necessary until the age of 14, a certificate of transfer of a spouse to work in other regions, etc. If you have any questions regarding this point, you can read the article in more detail - a detailed explanation is given there.

Regardless of the reason that served as the basis for parting with work at one’s own request, after entering this fact into the work book, it is necessary to put the signature of the personnel officer, the signature of the employee with the inscription “acquainted”, as well as the seal of the enterprise.

What to write in the labor report if an employee is transferred

As the main personnel document regulating the relationship between employer and employees states, in cases where an employee is transferred from one place of work to another, the basis for the transfer plays an important role. A transferred person can be:

  • of one's own free will;
  • by order of management, but only with consent.

Specialist in former place work must indicate one of these two points, and the personnel officer with new job There is no need to write about the reasons for the transfer. It is enough to confine yourself to a brief note that the employee was hired for such and such a position as a transfer.

Important! When making any records of dismissal in work books, you must strictly follow the letter of the law and avoid mistakes. Quite often, HR department specialists, when recording information about dismissal, refer to Article 80 of the Russian Labor Code. But you need to remember that this article does not serve as a basis for dismissal. It only regulates the termination of a previously concluded employment contract between the organization and the employee. If a personnel specialist from a new job discovers this error in an employee’s work record, he will ask the person who made it to correct it. Thus, a small mistake can lead to unnecessary troubles and worries.

Dismissal by agreement of the parties

Sometimes, in order to finally part with an unlucky employee, employers resort to a rather neutral note with the wording: “Dismissed by agreement of the parties.” In this case, it is necessary to refer to. It must be said that the Labor Code does not provide for any strict requirements for this kind of dismissals, but it is worth remembering that an agreement is possible only with mutual voluntary consent sides

In addition, in this case, the employee has the right to so-called “compensation” or, more simply, monetary compensation.

Retirement: correct entry in the work book

Sooner or later all people leave their workplace in connection with retirement. Therefore, every personnel officer must know exactly how to make an entry in the labor record in these cases.

To begin with, it should be said that the dismissal of an employee in connection with an upcoming pension is possible only when a certain age is reached and only on the basis of his voluntary desire.

After the employee declares his will in writing and the management of the enterprise signs the order of dismissal from his position in connection with reaching retirement age, an entry can be made in the work book.

In case of dismissal upon retirement, you need to rely on the article. An employee, like a HR specialist, must put a personal autograph on the entry, and then it must be certified with the company’s seal.

Other grounds for dismissal

As the Labor Code of the Russian Federation states, there are three most common types of grounds for separation from an employee: at the request of the employer, general, and due to circumstances beyond the will of the parties.

But, in addition to these grounds for dismissal, there are several additional ones. These include:

  • declaring the enterprise bankrupt;
  • making a decision by a legal entity to terminate an employment contract.

In these unpleasant cases, in the work book you need to refer to the article, and not to, and introduce wording that corresponds specifically to it.

Thus, before writing to the employment record of an employee about dismissal, it is advisable to check the Labor Code. All possible reasons for dismissal are indicated in it in different articles and described in detail. In order to save yourself and the person being fired from possible problems in the future, it is necessary to avoid mistakes and refer specifically to those articles that correspond to certain circumstances for parting with a former employee.

Recent changes in Russian legislation relating to working relationships have not been canceled documentary evidence hiring, firing and transfer. The emphasis on the topics of “white” salary and pension makes the work book a rather important document, so it is important to take care of the correctness of the information entered into it.

In order to prevent discrepancies in the record of a person’s dismissal, its execution must comply with certain rules.

Entry in the work book about voluntary dismissal 2018 - correct wording

In case of dismissal, the contents of the new entry are regulated by two main documents:

  • 1. Labor Code ();
  • 2. Instructions for filling out work books ().

In the first case, the correct wording contains “... at the initiative of the employee...”. In the second: “... of one’s own free will...”. And be sure to point out.

What does the entry in the work book about voluntary dismissal contain?

Any form must be drawn up indicating the necessary data:

  • number (“continuous” numbering throughout the book);
  • date (day, month, year);
  • direct information about the place of work;
  • position and signature of the responsible person;
  • seal of the organization, personnel department or other, provided by law;
  • name of the document with its outgoing data (number, date).

Without any of the listed items, the entry will be considered invalid.

Is the CEO's signature required?

Signature general director should appear on the employee’s application and in the organization’s order (). The document only contains the seal and signature of the person responsible for filling it out - most often this is the head of the human resources department or another authorized person. The General Director's certificate is not required.

Incorrect wording when filling out a work book

An entry may be considered erroneous by various reasons, for example, if there is a discrepancy between the points and articles specified when registering the dismissal. Thus, the Russian Federation regulates the rules of registration, but is not the basis. Getting this document in order can be costly, so be careful about what you put into it from the very beginning.

Who does the filling?

If the organization is small, then personnel issues and accounting is carried out either directly by the manager or by an accountant. If the enterprise has a personnel department, filling out various papers related to the hiring and leaving of employees, as well as issuing relevant orders is included in job responsibilities department specialists.

Examples of entries in the work book about voluntary dismissal

The law establishes a number of payments upon dismissal, for example, compensation for vacation that was not properly used. To get it all due payments, you need to enter information about each of them in the application for termination of the contract. Raising children (under 14 years of age) should also be indicated in the document.

If the employee has drawn up an employment contract, then, despite different conditions work specified in the document, its termination is carried out according to the template. Dismissing, for example, a part-time worker should be done with the same wording.







Similar questions

The main provisions are regulated by the “Rules for maintaining and storing work books, producing forms and providing them to employers”, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 and “Instructions for filling out labor books. books”, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69.

Before we move on to describing the wording and giving a sample of a dismissal entry in the 2019 work book, we will tell you about the sequence of actions of the personnel officer. on the last day of work, and he signs the following documents:

  • in the book itself (in this case he must decipher his signature);
  • in the “Traffic Traffic Record Book”. book";
  • in your personal card.

An entry in the labor record about voluntary dismissal in 2019, as well as for other reasons, is made after the relevant order is issued, and the wording must comply with the article of the Labor Code of the Russian Federation. Blots, corrections and abbreviations of words are not allowed. In the article we provide a sample of a dismissal entry in a 2019 work book for different cases. Basic details:

  • serial number;
  • date of;
  • base;
  • order data.

The entry made in the work book upon dismissal of one's own free will in 2019, like all others, is certified by the signature of an authorized person, a transcript of his position and surname with initials, the seal of the organization (if any). Below we will show you how to fill out the form in different situations. Here is a sample of voluntary dismissal (entry in the 2019 employment record), by agreement of the parties and for other situations.

Entries in the work book upon dismissal of one's own free will

The most common reason for leaving, accordingly, the most common formulation. In order to correctly make an entry in the work book about voluntary dismissal in 2019, remember that own wish or the initiative of the employee - the terms are identical, so you can indicate: “” or “the contract was terminated at the initiative of the employee.” A sample entry in the labor record for voluntary dismissal in 2019 looks like this:

By agreement of the parties

Either side of the relationship can take the initiative. The parties can accept at any time by concluding an agreement. For the employee, the advantages of this option of leaving are the absence of “working off”, and for the employer, the employee does not have the right to change his mind about leaving.

You need to fill it out in the same way as if you are filling out a work book upon dismissal of your own free will in 2019. The only significant difference is that you need to refer not to paragraph 3, but to paragraph 1 of part 1 of Article 77 of the Labor Code of the Russian Federation.

Upon dismissal at the initiative of the employer

We will also provide a sample of how to make an entry in the work book about dismissal in 2019 if the employment contract is terminated at the initiative of the employer. The wording option depends on the basis for dismissal: condition alcohol intoxication, disclosure of trade secrets, repeated failure to fulfill duties. Unlike the situation when you need to make an entry for voluntary dismissal in the 2019 work book, in case of absenteeism, the HR specialist will refer to Article 81 of the Labor Code of the Russian Federation.

If you are fired for absenteeism, the sample dismissal in the 2019 work book will be as follows:

If an employee is fired due to a transfer

If the dismissal is by way of transfer, the entry in the employment record must first be made “dismissed by way of transfer”, and then “accepted”. Actions are regulated by paragraph 5 of Art. 77 of the Labor Code of the Russian Federation, the basis is the employee’s statement. This is what the sample will look like:

Employer's liability for incorrect wording

It happens that the registration of a work book upon dismissal of one's own free will in 2019 was done incorrectly: errors or inaccuracies were made. If incorrect wording is promptly and properly corrected, there will be no liability. If an employee discovers an inaccuracy on his own, he has the right to contact his superiors with a request to change the entry. In this case, the employer can punish the person responsible for the inaccuracy. Therefore, we advise you to look at a sample entry in the employment record for voluntary dismissal 2019 before making an entry.

If the employer refuses to make changes, the employee has the right to write a complaint or demand that the changes be formalized in court. Based on the results of consideration of the complaint, a fine may be imposed:

  • for officials - from 1000 to 5000 rubles;
  • For legal entity- from 30,000 to 50,000 rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

In case of repeated violation, the fine increases to 20,000 rubles for an official, and will range from 50,000 to 70,000 rubles for an organization. If you have a sample employment record for voluntary dismissal in 2019, these fines can be avoided.

In addition, Article 394 of the Labor Code of the Russian Federation determines that if incorrectly indicated reasons for a person leaving work prevented him from getting another job, then the court may oblige the former employer to pay former employee average earnings for the entire period of forced absence.

HE. Rusakova,
magazine "Salary" No. 4/2009

Employees quit for various reasons.We will tell you in the article what records need to be made in each specific case.

An entry in the work book about the basis and reason for termination of the employment contract must be made in accordance with the wording of the Labor Code. In this case, it is necessary to refer to the relevant article, part, paragraph of the article of this document or other federal law. This rule is established in Article 84.1 of the Labor Code. However, often in practice, when making records of dismissal in the work book, the question arises, for example, what entry should be made when dismissing at one’s own request. Unfortunately, there is no single approach to this problem.

Dismissal at your own request

Many personnel officers follow the instructions of paragraph 5.2 of the Instructions for filling out work books, which was approved by Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69 (hereinafter referred to as the Instructions). They make an entry: “Dismissed at his own request, paragraph 3 of Article 77 of the Labor Code of the Russian Federation.”

Others rely on the requirements of Article 84.1 of the Labor Code. In this case, the entry will be as follows: “The employment contract was terminated at the initiative of the employee, clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation.”

After making a notice of dismissal, the employee must familiarize himself with it and sign the work book. He can sign below the signature of the personnel officer or make a handwritten note “Acquainted” and sign (sample below).

If an employee resigns of his own free will for reasons that are linked by law to the provision of certain benefits and benefits, a record of dismissal (termination of employment contract) is entered into the work book indicating these reasons. This is stated in paragraph 5.6 of the Instructions.

The basis for making such entries may be a statement from an employee that he needs to care for a child under 14 years of age; for an employee, a certificate from her husband’s place of work confirming his transfer to work in another locality. Depending on the reason for dismissal, you must make an appropriate entry (sample below).

If an employee is dismissed by transfer

Paragraph 5 of Article 77 of the Labor Code establishes several grounds for dismissal in the order of transfer to another employer:

At the employee's request;

With his consent.

The entry in the work book depends on the basis on which the employee is dismissed (for a sample, see pages 112 and 113). This is stated in paragraph 6.1 of the Instructions. IN new organization when hiring, it is also necessary to indicate that the employee was hired as a transfer, but the reason - at the request of the employee or with his consent - no longer needs to be indicated (see sample below).

Note!

Despite the fact that the Labor Code has been in force for seven years, work books are still filled out with errors. When making a record of dismissal, they provide a link to Article 80 of the Labor Code of the Russian Federation. It is not a basis for dismissal, but only regulates the procedure for terminating an employment contract at the employee’s own request. This method registration of a dismissal record creates problems not only for the employee, but also for the employer, because when hiring an employee for a new place of work, they will be asked to have such a record corrected at the employee’s previous place of work.

Sample record of an employee's resignation at her own request

Entry no.

date

Name,

date and number of the document on the basis of which the entry was made

number

month

Closed joint stock

Albatross Society

(ZAO Albatross)

Hired

Commodity expert

The employment contract was terminated

at the initiative of the employee,

paragraph 3 of part 1 of article 77

Labor Code of the Russian Federation

Federation

Human resources department inspector

I.I. Moiseeva

Acquainted

A.A. Komarova

DISMISSAL OF AN EMPLOYEE HIRED UNDER A FIXED-TERM EMPLOYMENT CONTRACT

The record of hiring an employee under a fixed-term employment contract does not differ from the record of hiring under an open-ended employment contract. However, when an employee is dismissed due to the expiration of the employment contract, an entry must be made in accordance with paragraph 2 of Article 77 of the Labor Code (see sample below).

A sample record of an employee’s voluntary dismissal due to her husband’s transfer to work in another area

Entry no.

date

Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating the reasons and reference to the article, paragraph of the law)

number

month

Closed joint stock

Albatross Society

(ZAO Albatross)

Hired

merchandiser

The employment contract was terminated

at the initiative of the employee

due to my husband's transfer

to work in another area,

paragraph 3 of part 1 of article 77

Labor Code of the Russian Federation

Federation **

Human resources department inspector

I.I. Moiseeva

Acquainted

A.A. Komarova

Sample notice of dismissal by transfer at the request of an employee

Entry no.

date

Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law)

Name, date and number of the document on the basis of which the entry was made

number

month

Closed joint stock

Albatross Society

(ZAO Albatross)

Hired

merchandiser

The employment contract was terminated

in order of translation upon request

employee in the State

"City pharmacies"

(SUE "City Pharmacies"),

clause 5 of part 1 of article 77

Labor Code of the Russian Federation

Federation

Human resources department inspector

I.I. Moiseeva

Acquainted

A.A. Komarova

Sample record of dismissal in the order of transfer to another employer with the consent of the employee

Entry no.

date

Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law)

Name, date and number of the document on the basis of which the entry was made

number

month

Closed joint stock

Albatross Society

(ZAO Albatross)

Hired

merchandiser

The employment contract was terminated

by way of translation with consent

employee in Open

Joint-Stock Company"Pelican"

(JSC "Pelican"),

clause 5 of part 1 of article 77

Labor Code of the Russian Federation

Federation

Human resources department inspector

I.I. Moiseeva

Acquainted

A.A. Komarova

Sample entry for hiring an employee in the order of transfer

Entry no.

date

Information about hiring,

transfer to another

permanent job

qualifications, dismissal

per article, point of law)

Name,

date and number

document,

based

whose entry was made

number

month

State unitary

enterprise "Urban

pharmacies" (SUE "City pharmacies")

Hired

merchandiser in order of translation

from Open Joint Stock

Albatross Society

(JSC Albatross)

ADDITIONAL GROUNDS FOR TERMINATION OF AN EMPLOYMENT CONTRACT

Labor legislation provides for three main types of grounds for dismissal:

General (Article 77 of the Labor Code of the Russian Federation, except for clauses 4 and 10);

Employer's initiative (Article 81 of the Labor Code of the Russian Federation);

Circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation).

Besides this, there are additional reasons. For example, Article 278 of the Labor Code provides two additional grounds for terminating an employment contract with the head of an organization:

In connection with the removal from office of the head of the debtor company in accordance with insolvency (bankruptcy) legislation;

In connection with the adoption by the authorized body of a legal entity, or the owner of the organization’s property, or a person (body) authorized by the owner of a decision to terminate the employment contract.”

Sample record of the dismissal of an employee due to the expiration of the employment contract

Entry no.

date

Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law)

Name, date and number of the document on the basis of which the entry was made

number

month

State unitary

company

"City pharmacies"

(SUE "City Pharmacies")

Hired

chief accountant

The employment contract was terminated

due to expiration

employment contract, paragraph 2

Part 1 of Article 77 of the Labor Code

Code of the Russian Federation^

Head of HR Department

V.V. Dolgoprudova

Acquainted

I.T. Fomenko

In these situations, when making a record of dismissal, you need to refer not to Article 77 of the Labor Code, but to Article 278 and make an entry in accordance with its wording (for a sample, see p. 117).

Article 336 “Additional grounds for termination of an employment contract with teaching worker» The Labor Code of the Russian Federation provides for four additional grounds:

Repeated gross violation charter educational institution within one year;

The use, including one-time use, of educational methods associated with physical and (or) mental violence against the personality of a student or pupil (for a sample of the corresponding record, see p. 118);

Reaching the age limit for filling the relevant position. In state and municipal higher education educational institutions the positions of rector, vice-rectors, and heads of branches (institutes) are filled by persons under the age of 65, regardless of the time of conclusion of employment contracts. Persons holding these positions and who have reached the age of 65 years are transferred, with their written consent, to other positions corresponding to their qualifications (Article 332 of the Labor Code of the Russian Federation);

Failure to be elected through a competition to the position of a scientific and pedagogical worker or the expiration of the period for election through a competition.

In any case, the notice of dismissal must comply with the language of the Labor Code or other federal law.

A sample record of termination of an employment contract in connection with the adoption by the owner of the organization’s property of an appropriate decision

Entry no.

date

Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law)

Name, date and number of the document on the basis of which the entry was made

number

month

Closed joint stock

Albatross Society

(ZAO Albatross)

Hired

general director

The employment contract was terminated

in connection with the adoption

owner of the property

organizing solutions

on termination of employment

contract, paragraph 2 of part 1

Article 278 of the Labor Code

Russian Federation

Human resources department inspector

I.I. Moiseeva

Acquainted

A.Yu. Ismagilov

Sample record of termination of an employment contract with a teaching employee

Entry no.

date

Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law)

Name, date and number of the document on the basis of which the entry was made

number

month

Road Traffic College

Samara

Admitted to the department

physical education

for a teaching position

physical culture

The employment contract was terminated

due to repeated

application of methods

education related

with physical violence against

the personality of the student,

clause 2 of part 1 of article 336

Labor Code of the Russian Federation

Federation

Human resources department inspector

K.K. Pakhomova

Acquainted

D.D. Varfolomeev

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