General procedure for terminating an employment contract. What documents are drawn up upon termination of an employment contract? Termination of employment relationships at the request of workers

Grounds for termination of an employment contract, their classification

T the ore contract can be terminated and the employee dismissed only on the grounds and in the manner specified by law.

Grounds for termination of an employment contract is a life circumstance that is enshrined in law as a legal fact for terminating the employment relationship of employees. Termination of an employment contract means simultaneously the dismissal of the employee. Termination of an employment contract and dismissal of an employee have the same basis and procedure, therefore these terms are synonymous, but termination refers to the employment contract, and dismissal refers to the employee.

The dismissal of an employee is lawful if the following three circumstances exist simultaneously:

1) the law specifies the grounds for dismissal corresponding to the actual circumstances;

2) the procedure for dismissal on this basis has been followed;

3) a legal act of termination of an employment contract.

Termination of an employment contract is possible upon the occurrence of certain legal facts:

1) volitional actions of the parties or a third party who has the right to demand dismissal (court, military registration and enlistment office);

2) events, i.e. circumstances that do not depend on anyone’s will.

General grounds for termination of an employment contract:

1) joint expression of will of the parties;

2) expiration of the employment contract, except for cases where the employment relationship actually continues and neither party has demanded its termination;

3) termination of the employment contract at the initiative of the employee. The employee has the right to terminate the employment relationship at his own request by notifying the employer two weeks in writing;

4) termination of an employment contract at the initiative of the employer for the employee’s guilty actions, which served as the basis for his dismissal, as well as legitimate necessity;

5) transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position). At the previous place of work, the employment contract is terminated and the new employer is obliged to conclude a new employment contract;

6) the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization;

7) the employee’s refusal to continue working due to a change in the essential terms of the employment contract. Changes initiated by the employer may not suit the employee;

8) the employee’s refusal to transfer to another job due to health conditions in accordance with a medical report. The employer is obliged to provide work that will not harm the employee’s health; in case of refusal, the contract is terminated;

9) the employee’s refusal to transfer due to the employer’s relocation to another location. In the absence of the employee’s written consent to the transfer (or in the presence of written or oral disagreement), which must be obtained before issuing the transfer order, the contract is terminated;

10) circumstances beyond the control of the parties (death of the employer - an individual or employee, conscription of the employee for military service, etc.);

11) violation of the rules established by the Labor Code of the Russian Federation or other Federal Law for concluding an employment contract, if this violation excludes the possibility of continuing work (the inability of an employee to perform a labor function by a court verdict, for health reasons, due to the lack of an education document (for work requiring special knowledge) and etc.).

(General procedure for registering termination of an employment contract, Labor Code [Chapter 13[Article 84.1])

Termination of an employment contract is formalized by order (instruction) of the employer.

The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction).

The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with this Code or other federal law, he retained his place of work (position).

On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law.

If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.

On what grounds can an employment contract be terminated and what is meant by circumstances beyond the control of the parties when terminating an employment contract? What documents are drawn up upon termination of an employment contract? If an employee refuses to familiarize himself with the order to terminate the employment contract, how is the refusal documented?

Answer

The employment contract may be terminated: on general grounds (Article 77 of the Labor Code of the Russian Federation, for circumstances beyond the will of the parties (Article 83 of the Labor Code of the Russian Federation), on additional grounds provided for certain categories of workers (for example, Articles 278, 288 of the Labor Code of the Russian Federation). Employment contract can also be terminated by agreement of the parties to the employment contract (clause 1, part 1, article 77 of the Labor Code of the Russian Federation), at the initiative of the employee (clause 3, part 1, article 77 of the Labor Code of the Russian Federation), at the initiative of the employer (part 1, article 71 , Article 81 of the Labor Code of the Russian Federation).

Documents– grounds for termination of an employment contract could be, for example:

employee statement, act on the employee committing a disciplinary offense, minutes of the certification commission meeting, reporting and explanatory notes and other organizational and administrative documents.

Documents - grounds for orders on personnel are registered in accounting books (magazines) separately by type and variety within the calendar year and are stored in the personal files of employees (if they are established) or placed in a separate (independent) file (in the absence of personal files of employees) . Forms of registration books are developed at the discretion of the employer.

main types of organization documents

Termination of an employment contract for any reason is formalized by order (instruction) of the employer on termination (termination) of an employment contract with an employee (dismissal) in form No. T-8. If several employees are dismissed at the same time, a consolidated order is issued in form No. T-8a.

The dismissal order is usually issued in day of dismissal.

The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but retained his place of work (Part 3 of Article 84.1 of the Labor Code of the Russian Federation). Thus, the day of dismissal may be, for example, the last day of vacation.

The basis for the dismissal of an employee must be reflected in the dismissal order in strict accordance with the wording of the Labor Code of the Russian Federation and with reference to the relevant article, part of the article, paragraph of the article, for example:

The employee must be familiarized with the employer's order to terminate the employment contract against signature.

If the order cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (Part 2 of Article 84.1 of the Labor Code of the Russian Federation).

You won't have any questions about paperwork after reading the article at the link.

It is advisable to record the employee’s refusal to familiarize himself with the order in the appropriate act, which will later be referred to when making an entry in the order, for example:

Bobrova N.S. refused

from reading the order

(Act dated March 26, 2010 No. 2).

Head of HR Department

Danilova 26.03.2011

Upon termination of the employment contract, the employee is paid the salary due to him at the time of dismissal and compensation for unused vacation. These payments are reflected in the calculation note drawn up upon dismissal of an employee (unified form No. T-61), for example:

The front side of form No. T-61 is filled out by the personnel service in one copy and submitted to the organization’s accounting department along with a copy of the order to terminate the employment contract. The reverse side of form No. T-61 is filled out by the accounting department.

More details about registration of cases you can find out in the article.

At the employee’s request, the employer is obliged to provide him with a duly certified copy of the dismissal order, as well as copies of other documents about the employee’s labor activity in this organization. The copy certification mark is provided for by GOST R 6.30-2003 and is drawn up as follows:

Right

HR inspector Anisimova(signature)T.Yu. Anisimova

09.04.2011 Seal

According to clause 5.1. Instructions for filling out work books The entry of dismissal (termination of an employment contract) in the employee’s work book is made in accordance with the order (instruction) or other decision of the employer. The reason for the employee’s dismissal is entered in the work book with reference to the date and number of the employer’s order (instruction), for example:

INFORMATION ABOUT THE OPERATION OF AT – VIII No. 9235064

				Information about hiring, transfers to another job and dismissal (indicating the reasons and with reference to the article, paragraph of the law)	On what basis was the entry made (document, its date and number)


				Limited Liability Company
				"AVANGARD" (AVANGARD LLC)
				Admitted to administrative and economic department	Order dated 07.11.2005
				driver department	No. 82-k
				Dismissed due to deprivation of the right to drive	Order dated April 25, 2011
				vehicle, paragraph 9 of part	No. 38-k
				first article 83 of the Labor Code of Russia -
				Russian Federation
				HR inspector*Panina* O.V. Panina
				Seal *Sidorov*

All entries made in the employee’s work book during his work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the employer’s seal and the signature of the employee himself.

Read more about contracts via this link.

If an employee refuses to affix his signature after all the entries made in the “Information about work” section of the work book, then a corresponding act is drawn up about this.

On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him. If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to come for the work book or agree to send it by mail, for example:

_____________________________________________________________________________

Open Joint Stock Company Svetlana Borisovna Nikolaeva

"ARS" (JSC "ARS") Lesnaya st., 5, apt. 8, Moscow, 123098

NOTIFICATION 10.02.2011 № 10

About obtaining a work book

Dear Svetlana Borisovna!

In connection with the termination on 02/10/2011 of employment contract No. 01/03, concluded with you on 01/10/2003, we notify you of the need to obtain a work book from the personnel service of ARS OJSC. With your consent, the work book can be sent by mail to the address you specified.

CEO Lavrentiev (signature) P.P. Lavrentiev

V.N. Petrova

_____________________________________________________________________________________

Sending a work book by mail is allowed only with the consent (at the request) of the employee to the address indicated by him. It is advisable to send notification of receipt of a work book by registered mail with notification of delivery of the letter to the addressee.

From the date of sending the specified notification, the employer is released from liability for the delay in issuing the work book (Part 6, Article 84 1 of the Labor Code of the Russian Federation).

Work books and duplicates of work books not received by employees upon dismissal or in the event of the death of an employee by his immediate relatives are stored until required by the employer (clause 43 of the Rules for maintaining and storing work books).

Upon a written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s request (Part 6, Article 84 1 of the Labor Code of the Russian Federation).

When dismissing an employee, the T-2 personal card indicates the basis and date of dismissal with reference to the dismissal order, for example:

The entry on dismissal in the T-2 personal card is certified by the signatures of the personnel service employee and the dismissed employee of the organization.

Personal files of dismissed employees are subject to registration in the prescribed manner for subsequent transfer to the organization’s archives.

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Commentary on Article 84.1

1. The article under comment was introduced by Federal Law No. 90-FZ of June 30, 2006 and is specifically devoted to the rules for formalizing the termination of an employment contract. Previously, they were scattered across various articles of the Labor Code (in particular, they were contained in Articles 62 and 77). In addition, they did not cover all issues requiring regulation (for example, the Labor Code did not provide for the procedure for issuing an order to terminate an employment contract). Concentrating the rules for formalizing the termination of an employment contract in one special article will facilitate their practical application and avoid unjustified repetitions and contradictions in the legal regulation of relations related to the termination of an employment contract.

2. According to Part 1 of the commented article, the termination of an employment contract is formalized by order (instruction) of the employer. The order is issued in accordance with the form N T-8a established by the State Statistics Committee of Russia “Order (instruction) on the termination (termination) of an employment contract with an employee (dismissal)” (see Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1 “On approval of unified forms of primary accounting documentation for labor accounting and payment" // Bulletin of the Ministry of Labor of Russia. 2004. N 5).

The employer must familiarize the employee with the employer’s order (instruction) to terminate the employment contract against signature. If it is impossible to familiarize the employee with such an order (instruction) for any objective reasons (for example, the employee is absent from work) or the employee refuses to familiarize himself with the order against signature (for example, in the case when the employee does not agree with the dismissal), on the order (instruction ) a corresponding entry is made. The law does not establish a period during which the employer must notify the employee of the order (instruction) to terminate the employment contract with him. In this regard, it should be assumed that the employer is obliged to do this no later than on the last day of work, with the exception of cases where the employee did not actually work, but retained his place of work (position). For example, an employee asks to be dismissed at his own request while he is on vacation.

At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction).

3. The day of termination of the employment contract on any of the grounds listed in Art. 77 of the Labor Code is the employee’s last day of work. The exception is cases when the employee did not actually work, but in accordance with the Labor Code or other federal law, his place of work (position) was retained.

On the day of termination of the employment contract (the last day of work of the employee), the employer is obliged to give the employee his work book and make payments to him (see commentary to Article 140). On the same day, the employer is obliged, upon written application of the resigning employee, to provide him with copies of documents related to work.

If for some reason an employee is absent from work on the day of termination of the employment contract (for example, he performs work on behalf of the employer in another place) and therefore cannot obtain a work book in person, the employer is obliged to send him a written notice of the need to appear for a work book. book or give consent to send the work book by mail.

The employer is obliged to send the same written notice to the employee even if the employee refuses to receive the work book in hand. As a rule, this situation arises due to the fact that the employee does not agree with the dismissal, considering it illegal.

In order to avoid possible misunderstandings associated with sending the specified notice, it is advisable to send it to the employee by registered mail with notification of delivery of the letter to the recipient.

From the day the employee is notified of the need to appear for a work book or agree to have it sent by mail, the employer is released from liability for the delay of the work book. However, the employer’s liability may arise if he fails to fulfill his obligation to promptly issue or send by mail a work book or delays sending it to an employee who has consented to this in writing (see commentary to Article 234).

It should be borne in mind that sending a work record book by mail without the employee’s consent is not allowed (clause 36 of the Rules for maintaining and storing work records; see also commentary to article 66).

The employer is released from liability for the delay in issuing a work book in cases where the last day of work does not coincide with the day of termination of the employment relationship: when dismissing an employee for absenteeism (subclause “a”, paragraph 6, part 1, article 81 of the Labor Code) or in connection with the conviction of an employee, which precludes continuation of work, in accordance with a court verdict that has entered into legal force (clause 4, part 1, article 83 of the Labor Code), and upon the dismissal of a woman whose employment contract was extended until the end of her pregnancy ( Part 2 of Article 261 of the Labor Code).

Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than 3 working days from the date of the employee’s application.

4. In accordance with Part 5 of the commented article, an entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of the Labor Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of the Code or other federal law.

It should be borne in mind that upon termination of an employment contract on the grounds provided for in Art. 77 of the Labor Code (except for cases of termination of the employment contract at the initiative of the employer and due to circumstances beyond the will of the parties (clauses 4 and 10 of Article 77 of the Labor Code), an entry on the termination of the employment contract is made in the work book with reference to the corresponding paragraph of the specified articles (clause 15 of the Rules for maintaining and storing work books).

When terminating an employment contract at the initiative of the employer, a record of dismissal (termination of the employment contract) is made in the work book with reference to the relevant paragraph of Art. 81 Labor Code (clause 16 of the Rules for maintaining and storing work books).

When an employment contract is terminated due to circumstances beyond the control of the parties, an entry is made in the work book about the grounds for termination of the employment contract with reference to the relevant paragraph of Art. 83 Labor Code (clause 17 of the Rules for maintaining and storing work books).

When an employment contract is terminated on other grounds provided for by the Labor Code or other federal law, an entry about dismissal (termination of the employment contract) is made in the work book with reference to the relevant article, paragraph of the Code or other federal law (clause 18 of the Rules for maintaining and storing work books ).

Article 84.1. General procedure for registering termination of an employment contract

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code dated 01/01/2019
entered into force on 10/06/2006

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Compare with the edition of the article dated 10/06/2006

Termination of an employment contract is formalized by order (instruction) of the employer.

If, on the day of termination of the employment contract, it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to come for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy or until the end of maternity leave in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.

Judicial practice under Art. 84.1 Labor Code of the Russian Federation

Case No. 11-КГ13-10 dated July 26, 2013
Case No. 18-КГ13-40 dated July 19, 2013	Judicial Collegium for Administrative Cases, Cassation
Case No. 64-KG13-3 dated June 7, 2013	Judicial Collegium for Administrative Cases, Cassation
Case No. 5-КГ13-43 dated May 31, 2013	Judicial Collegium for Administrative Cases, Cassation
Case No. 18-КГ12-37 dated October 26, 2012	Judicial Collegium for Administrative Cases, Cassation
Case No. 5-APG12-32 dated October 19, 2012	Judicial Collegium for Administrative Cases, appeal
Case No. 18-B12-19 dated May 4, 2012
Case No. 4-B12-4 dated March 16, 2012	Judicial Collegium for Administrative Cases, Supervision
Case No. 19-B11-19 dated November 25, 2011	Judicial Collegium for Administrative Cases, Supervision
Case No. 4-AD11-8 dated October 10, 2011	Administrative board, supervision
Case No. 52-B10-3 dated December 17, 2010	Judicial Collegium for Administrative Cases, Supervision
Case No. 92-B10-1 dated June 25, 2010	Judicial Collegium for Administrative Cases, Supervision

Amendments to Art. 84.1 Labor Code of the Russian Federation

Mentions of Art. 84.1 of the Labor Code of the Russian Federation in legal consultations

Upon dismissal there is work off
16.03.2018 warned if they tell you otherwise and force you to work a full 14 working days, then your labor rights are being violated. Regarding the issuance of a work book. IN Article 84.1 of the Labor Code of the Russian Federation it is said that the work book, together with the dismissal record already entered, is handed over to the employee on his last working day, that is, for example,
Payment after dismissal
25.11.2017 Good afternoon, Irina Mikhailovna. IN Article 84.1 of the Labor Code of the Russian Federation it is said: On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make settlements with him in accordance with article
Termination of an agreement
21.02.2017 receive the final payment and work book, or give written consent to send it by mail. If the employee does not appear, a corresponding entry is made on the order ( Article 84.1 of the Labor Code of the Russian Federation). Dismissal for absenteeism is carried out under subparagraph a of paragraph 6 of Article 81 of the Labor Code of the Russian Federation. If you have any questions, please ask
How to quit from a distance?
22.01.2017 subsequent confirmation via email. Upon dismissal, the employer is obliged to familiarize you with the dismissal order, issue pay slips and a work book in accordance with the Article 84.1 of the Labor Code of the Russian Federation. In order not to violate your legal right to familiarize yourself with the order and the deadline for issuing a work book, I would recommend that you apply for resignation

29.07.2016 unused vacation (if any); severance pay in the amount of average earnings for the first month after dismissal. You are required to make these payments in any case ( Art. 84.1 Labor Code of the Russian Federation, Art. 178 Labor Code of the Russian Federation). If an employee, at the end of the second month after dismissal, brings you a work book in which your notice of dismissal will be the last

20.01.2016 employment contract by notifying the employer in writing no later than one month in advance. The general procedure for formalizing the termination of an employment contract is established Art. 84.1 Labor Code of the Russian Federation Thus, the remaining members of the board (or the one who was tasked with drawing up documents at the board meeting) are obliged, according to the Labor Code of the Russian Federation, to formalize the dismissal and make

delay in issuing work book and cash payment
08.01.2016 , and even more so, it is not possible to get a cancellation of dismissal and dismissal two months later in court, since in this situation, your former employer did not violate the law. IN Article 84.1 of the Labor Code of the Russian Federation it is said: In the case when on the day of termination of the employment contract it is impossible to issue a work book to the employee due to his absence or refusal to receive it

30.12.2015 Good evening, Andrey. The obligation to provide copies of documents to an employee upon dismissal is enshrined in Article 84.1 of the Labor Code of the Russian Federation, which in particular says: On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with

19.12.2015 public service. In view of the above, entry in the work book about the basis and reason for termination of the employment contract is carried out in accordance with Art. 84.1 Labor Code of the Russian Federation and must be carried out in strict accordance with the wording of this Code or other federal law and with reference to the relevant article

08.12.2015 Honestly, at least they changed the dates. I would recommend that you familiarize yourself with Article 80 of the Labor Code of the Russian Federation, with the procedure for applying dismissal clause 7 of Article 81 of the Labor Code of the Russian Federation, and also pay attention to Article 140 of the Labor Code of the Russian Federation and Art. 84.1 Labor Code of the Russian Federation You will also need the civil code. If you have any questions, I will be happy to help, but I would still recommend that you study on your own, and not at the expense of

05.11.2015 date you sent the notification? If earlier than the second, then the company does not bear responsibility; if later, then the employee can prove the opposite in court. IN Article 84.1 of the Labor Code of the Russian Federation it is said: From the date of sending the specified notice, the employer is released from liability for the delay in issuing the work book. That is, it is not the fact that is important

dismissal of an employee at his own request
30.09.2015 days did not withdraw his application, then the employer is obliged to dismiss him, since in this way the employee’s freedom of choice, that is, his constitutional rights, is violated. IN Article 84.1 of the Labor Code of the Russian Federation it is said: The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases when the employee actually
13.07.2015 You will either have to show up at work to get your work book and pay slips, or your employer will be required to send you a notice the very next day asking you to come get it ( Article 84.1 of the Labor Code of the Russian Federation last paragraph) As for settlement payments, they are also paid on the last working day, or if the employee is absent from work, as in your case, settlement payments
Working hours regarding dismissal during vacation
13.07.2015 be on vacation, then the employer will be obliged to issue you a work book with the corresponding entry and payroll on the last working day before the vacation, as stated in Article 84.1 of the Labor Code of the Russian Federation: The day of termination of the employment contract in all cases is the last day of work of the employee, except for cases where the employee did not actually work
during what period can you file documents in court for wrongful dismissal due to staff reduction?
07.07.2015 the moment the dismissal order is served on you. And considering that the dismissal order should have been handed to you on the last working day, which is also the day of dismissal, as stated in Article 84.1 of the Labor Code of the Russian Federation, then the date of counting the monthly period can be considered the day of dismissal. If you have any more questions, please contact us.
Deadline for settlement with an employee upon dismissal
07.05.2015 dismissal due to reduction, other compensation payments are possible if they are provided for by the terms of your collective agreement. Also in accordance with Article 84.1 of the Labor Code of the Russian Federation, the employer is obliged to issue the employee a work book with the corresponding entry on the working day, and if the employee did not work on the day of dismissal, then
How is settlement made with an employee upon dismissal by agreement of the parties?
18.03.2015 Good evening, Elena. The employer MUST issue you a 2NDFL certificate on the day of dismissal ( Art. 84.1 Labor Code of the Russian Federation and Art. 4.1 255-FZ). Article 84.1. General procedure for registering termination of an employment contract Termination of an employment contract is formalized by order (instruction) of the employer
Retraining of an employee. Upon dismissal, they are required to sign a training agreement.
13.03.2015 The Labor Code of the Russian Federation is required to give you all copies related to your work within 3 working days. Then count 14 days from the date of your visa. On the last working day according to Article 84.1 of the Labor Code of the Russian Federation and Article 140 of the Labor Code of the Russian Federation, you must be given a work book and make a monetary settlement with you (compensation for unused vacation and wages from the date

Termination of an employment contract is formalized by order (instruction) of the employer.

The day of termination of the employment contract in all cases is the last day of work of the employee, except for cases when the employee did not actually work,

but, in accordance with this Code or other federal law, he retained his place of work (position).

If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.

work books, production of work book forms and provision of them to employers, approved. Decree of the Government of the Russian Federation dated April 16, 2003 No. 225, have one obvious advantage - they make it possible to unify on an all-Russian scale the practice of formulating the grounds for termination of an employment contract in work books.

Federal legislation establishes several options for formulating the grounds for termination of an employment contract:

a) the grounds provided exclusively for part 1 of Art. 77 TK. There are few such grounds in modern legislation - these are clauses 5-9 of Art. 77. When terminating an employment contract on the specified grounds, reference should be made to these grounds (clause 15 of the Rules);
b) the grounds specified in Part 1 of Art. 77 and in a special article of the Labor Code, and the latter is not divided into paragraphs (for example, paragraph 3 of Article 77 and Article 80; paragraph 11 of Article 77 and Article 84 of the Labor Code). In these cases, an entry about the termination of the employment contract is made in the work book with reference to the corresponding paragraph of Part 1 of Art. 77 Labor Code (clause 15 of the Rules);
c) the grounds specified in Part 1 of Art. 77 and in a special article of the Labor Code, and the latter, in turn, is divided into paragraphs (clause 4 of article 77 and article 81, clause 10 of article 77 and article 83 of the Labor Code). In such a situation, one should refer to the corresponding paragraph of the special article of the Labor Code (clauses 16 and 17 of the Rules);
d) grounds that are not contained in Part 1 of Art. 77 of the Labor Code, but are provided for by special norms of the Labor Code. In this case, an entry about the termination of the employment contract is made in the work book with reference to the relevant paragraph, article of the Labor Code (clause 18 of the Rules);
e) the grounds established by the employment contract, in cases where such a possibility is provided for by the Labor Code.

The rules for maintaining labor records do not specify the procedure for formulating the grounds for termination of an employment contract in such cases. It should be assumed that when terminating an employment contract on the specified grounds, it is necessary to indicate the article of the Labor Code that provides for this type of basis (see Articles 312, 347 of the Labor Code and comments to them). The current Labor Code provides for a rather dubious exception to this rule: termination of an employment contract with the head of the organization, members of the collegial executive body of the organization on the basis established in the employment contract with the relevant employee is considered solely as termination of the employment contract at the initiative of the employer (see paragraph 13 of Art. 81 Labor Code and commentary thereto). Therefore, in this case, termination of the employment contract should be formalized with reference to the specified paragraph.

Formulating a list of grounds for termination of an employment contract is the responsibility of the parties. Such grounds may be related to the guilty actions of the employer or employee, or may not imply the presence of such actions. Circumstances not at all related to the employee’s work activities may also be provided as grounds for termination of an employment contract. At the same time, the freedom of the parties to determine the grounds for its termination cannot be unlimited.

Firstly, the employment contract cannot change or clarify the grounds for termination of the employment contract, formulated in the mandatory norms of labor legislation; in any case, they cannot be changed in the direction of worsening the employee’s situation in comparison with that established by law.

Secondly, grounds for dismissal that are related to circumstances of a general civil nature that discriminate against one party or another are recognized as invalid. For example, it is impossible to link the preservation of an employment relationship with membership in a certain party, public organization (or refusal of such membership), or restriction of voting rights. Since, as follows from civil legislation (clause 3 of Article 22 of the Civil Code), a complete or partial refusal of a citizen from legal capacity or legal capacity and other transactions aimed at limiting legal capacity or legal capacity are void, will not have legal force and the conditions for maintaining the employment relationship, implying such restrictions on civil legal capacity and legal capacity;

f) grounds not provided for by the Labor Code and established by other federal laws (primarily laws regulating relations arising in the field of state and municipal service). In such cases, the Rules require that an entry on the termination of the employment contract be made in the work book with reference to the article (clause) of the relevant federal law.
5. When terminating an employment contract at the initiative of an employee for a valid reason, a record of dismissal is made in the work book indicating this reason.
6. An entry about dismissal in an employee’s work book is made in compliance with the following rules: in column 1 the serial number of the entry is entered; in column 2 - date of dismissal; in column 3 - the reason for dismissal; in column 4 - the order (instruction), its date and number.

When an employee is dismissed (termination of an employment contract), all entries made in the work book during work in this organization are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the organization (personnel service) and the signature of the employee himself.

If the work book was filled out in the state language of the Russian Federation and in the state language of the republic within the Russian Federation, both texts are certified.

If there is a delay in issuing a work book due to the fault of the employer, the employee is paid the average salary for the entire period of forced absence (see Article 234 of the Labor Code and the commentary thereto). In this case, the day of dismissal is considered to be the day the work book is issued. An order is issued about the new day of dismissal and an entry is made in the work book. A previously made entry about the day of dismissal is considered invalid.

In the event of the death of an employee, the work book, after making an appropriate entry on the termination of the employment contract, is handed over to one of his relatives against signature or sent by mail upon the written application of one of the relatives.

Upon dismissal (termination of an employment contract) in connection with the transfer of an employee to another permanent job with another employer (to another organization), in column 3 of the “Information about work” section of the work book, it is indicated in what order the transfer is carried out: at the request of the employee or with his consent .

When hired to a new place of work, an entry is made in the employee’s work book in column 3 of the “Information about work” section in the order indicated above, indicating that the employee was accepted (appointed) in the order of transfer.

Upon dismissal (termination of an employment contract) in connection with the transfer of an employee to an elective job (position) to another employer (to another organization), an entry is made in the work book: “Dismissed in connection with the transfer to an elective job (position) in (indicate the name of the organization) , clause 5, part 1, art. 77 Labor Code of the Russian Federation."

At a new place of work, after indicating the full name of the elected body, as well as the abbreviated name of the elected body (if any), in column 3 of the “Work Information” section of the work book, an entry is made about what job (position) the employee was elected to, and in the column 4 indicates the decision of the elected body, the date and number of its adoption.

7. In accordance with Part 3 of the commented article, “the day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with this Code or other federal law, his place of work was retained ( job title)". Such cases include, for example, filing a written resignation letter before going on vacation, so that the employment contract with him will be terminated at the end of the vacation (see commentary to Article 80 of the Labor Code).

In accordance with the Labor Code, upon a written application from an employee, he may be granted unused vacation with subsequent dismissal (except for cases of dismissal for guilty actions); upon dismissal due to the expiration of the employment contract, the employee may be granted leave that completely or partially extends beyond the term of this contract. In all of these cases, the day of dismissal will be considered not the last day of work, but the last day of vacation (see Articles 80, 127 of the Labor Code and comments thereto).

The unified form of an order (instruction) on the termination (termination) of an employment contract is established by Resolution of the State Committee of the Russian Federation on Statistics dated January 5, 2004 No. 1. 2. The work book is issued to the employee only upon dismissal of the latter. Along with the work book, upon written application from the employee, he must be given copies of documents related to the work. If on the day of dismissal of the employee (termination of the employment contract) it is impossible to issue a work book due to the employee’s absence or his refusal to receive the work book in hand, the employer sends the employee a notice of the need to appear for the work book or agree to send it by mail. Sending a work book by mail to the address specified by the employee is permitted only with his consent. From the date of sending the specified notice, the employer is released from liability for the delay in issuing the work book to the employee. 3. On the employer’s financial liability for the delay in issuing a work book to an employee, see Art. 234 Labor Code and commentary thereto. 4. Entries in the work book about the reasons for termination of the employment contract are made in strict accordance with the wording of the Labor Code or other federal law and with reference to the relevant article, paragraph of the Labor Code or other federal law. The Labor Code did not provide rules that should be followed when formulating the basis for termination of an employment contract by making entries in the work book, which caused certain problems in practice. Currently, such rules have been established. Despite the illogicality of the solution to this problem and the obvious contradiction of such a solution to the generally accepted fundamentals of legal technology. Rules for maintaining and storing labor