What entry must be made in the work book when dismissing an employee at his own request in various situations? Which articles of the law should be referred to? In our articles, we will tell you how the employer can correctly fill out the work book of a dismissed employee, and the employee can check that the entry was made correctly.

Entry into the work book, despite the gradual de facto exclusion of this document from circulation in labor relations, is still of great importance today and leaves behind many questions. For example, questions often arise about what entry to make in the work book in accordance with the norms of current legislation. In this article we will tell you about all the legal intricacies of filling out a work book when terminating an employment contract at the initiative of an employee.

When an employee is dismissed, an entry in the work book is made solely on the basis of a document drawn up in accordance with the T-8 form, signed by the head of the organization or an authorized person, as well as with a note indicating familiarization with the order of the dismissed employee.

Entries on the basis and reasons for termination of the employment contract must be made in accordance with the wording of the Labor Code of the Russian Federation, referring to the relevant articles, parts and clauses of the document - this rule is established by Article 84.1 of the Labor Code of the Russian Federation.

Examples of entries in the work book when leaving at your own request

The Labor Code of the Russian Federation has been in force in the country for many years, however, many still make gross mistakes when filling out the work books of their employees. For example, when making an entry in the work book, some provide a reference to Article 80 of the Labor Code of the Russian Federation, which does not serve as a basis for dismissal, but only regulates the procedure for terminating an employment contract between an employer and an employee at the initiative of the latter. When making an entry in the work book at the initiative of the employee, personnel officers or managers must rely on the requirements of Article 84.1 of the Labor Code of the Russian Federation, in this case the entry will look like this: “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.” The record also includes the actual date of dismissal, the number and date of the dismissal order, the position of the authorized person, his signature and the seal of the organization. The above entry is typical for regular situations of dismissal of employees, however, voluntary dismissal is often accompanied by reasons that, according to the law, may entail the provision of certain benefits and advantages. Therefore, even if in, as well as in the order, there is no complete information about the reasons for dismissal, they must be recorded in the work book, depending on the reason, the following entries are made:

• “The employment contract was terminated at the initiative of the employee in connection with the transfer of the husband to work in another area, clause 3, part 1, art. 77 of the Labor Code of the Russian Federation";
• “The employment contract was terminated by transfer at the request of the employee, clause 5, part 1, art. 77 of the Labor Code of the Russian Federation";
• “The employment contract was terminated due to the expiration of the employment contract, clause 2, part 1 of Art. 77 of the Labor Code of the Russian Federation";
• “The employment contract was terminated due to refusal to transfer to work in another area together with the employer, clause 9, part 1 of Art. 77 of the Labor Code of the Russian Federation";
• “The employment contract was terminated due to refusal of a job offer due to a change in the owner of the organization’s property, clause 6, part 1 of Art. 77 of the Labor Code of the Russian Federation";
• “The employment contract was terminated by agreement of the parties, clause 1, part 1 of Art. 77 of the Labor Code of the Russian Federation"
• “The employment contract was terminated at my own request in connection with enrollment in a higher educational institution, clause 3, part 1 of Art. 77 of the Labor Code of the Russian Federation.”

The official date of termination of the employment contract presupposes a full settlement between the employer and the employee and the obligatory delivery of a work book to him. In addition, the employer, upon application of the employee, is obliged to issue him all the necessary documents related to the work, duly certified. If an employee cannot receive a work book on the day of termination of the employment contract due to absence or refusal, the employer is obliged to send the employee a corresponding notice of the need to obtain it. From the moment such notification is sent, the employer is not responsible for the delay in issuing the work book.

At the moment, the work book is the main document on employment. At the same time, there are certain rules noted in the Labor Code of the Russian Federation, according to which the work book must be kept - in case of violation, the organization may face a serious fine. To avoid this, let's look at what entries are made in the work book about dismissal.

Several features and important points of filling out labor forms

Everything about maintaining labor records, in particular about the correctness of records of dismissal, is written down in Resolution 225. According to it, absolutely all employers (excluding individuals) must maintain such books. Employers usually include not only legal entities, but also individual entrepreneurs and farms. An important point - according to Article 66 of the Labor Code of the Russian Federation, work books must also be kept for all employees who have worked in a position for more than 5 working days.

But for external part-time work, you don’t have to carry out work - here everything depends on the desire of the employee himself. But if you have already started registering a part-time employee, then you should definitely formalize his dismissal.

The procedure for filling out the labor form

Before we tell you how to make an entry in the work book about dismissal, you should briefly talk about the general rules for maintaining this document.

• In column No. 1 in the “Work Information” section we enter the serial number of the entry. That is why the first record is assigned the first number, and so on. If the last entry was number seven, then the next one is number eight, etc.
• In column No. 2 we indicate the date of dismissal. It must fully correspond to the date in the order. Indicate in the following format - day: month: year (10.09.2016).
• In column No. 3 we indicate the basis for dismissal, not forgetting to indicate the clause of the article of the Labor Code of the Russian Federation. You can indicate the following wording: “Was dismissed according to...”, “The employment contract was terminated according to the article...”.

It is important to note that the grounds for dismissal must be formulated exactly as written in the Labor Code of the Russian Federation. For example, “At the initiative of an employee.”

Which articles of the Labor Code should I refer to?

Here you should also focus on Resolution No. 225, certain paragraphs of which are devoted to the direct dismissal of company employees. Let's look at this question in more detail:

Let's take a closer look at how to formulate information and record data in a work book.

Table No. 1. Upon termination of an employment contract at the initiative of the employee

Articles of the Labor Code of the Russian Federation	How to formulate a post
Article 77, paragraph 1	Dismissed by agreement of the parties, paragraph 1 of Article 77 of the Labor Code of the Russian Federation.	Severance agreement
Article 77, paragraph 2	Dismissed due to the expiration of the employment contract, paragraph 2 of Article 77 of the Labor Code of the Russian Federation.	Notice of termination of an employment contract
Article 77, paragraph 3	Dismissed at his own request, paragraph 3 of Article 77 of the Labor Code of the Russian Federation.	Application for resignation
Article 77, paragraph 5	Dismissed by transfer to Tantum Limited Liability Company with the consent of the employee, paragraph 5 of Article 77 of the Labor Code of the Russian Federation.	Letter to the host company
Article 77, paragraph 3	She was dismissed at her own request due to her husband’s transfer to work in another area, paragraph 3 of Article 77 of the Labor Code of the Russian Federation.	Statement
Article 77, paragraph 6	Dismissed due to refusal to continue work in connection with a change in the owner of the organization’s property, paragraph 6 of Article 77 of the Labor Code of the Russian Federation.	Statement
Article 77, paragraph 7	Dismissed due to refusal to continue work due to a change in the terms of the employment contract determined by the parties, paragraph 7 of Article 77 of the Labor Code of the Russian Federation.	Statement
Article 77, paragraph 8	Dismissed due to refusal to transfer to another job due to health conditions in accordance with a medical report, paragraph 8 of Article 77 of the Labor Code of the Russian Federation.	Statement
Article 77, paragraph 9	Dismissed due to refusal to transfer due to the employer's relocation to another location, paragraph 9 of Article 77 of the Labor Code of the Russian Federation.	Statement

Table 2. Upon termination of an employment contract at the initiative of the employer

Articles of the Labor Code of the Russian Federation	How to formulate a post	Grounds for dismissal of an employee
Article 81, paragraph 1	Dismissed due to the liquidation of the organization, paragraph 1 of Article 81 of the Labor Code of the Russian Federation.	Liquidation decision
Article 81, paragraph 2	Dismissed due to a reduction in the organization's workforce, paragraph 2 of Article 81 of the Labor Code of the Russian Federation.	Order to reduce staff
Article 81, paragraph 3	Dismissed due to insufficient qualifications, confirmed by certification results, paragraph 3 of Article 81 of the Labor Code of the Russian Federation.	Order of dismissal
Article 81, paragraph 4	Dismissed due to a change in the owner of the organization's property, paragraph 4 of Article 81 of the Labor Code of the Russian Federation.	Enterprise purchase and sale agreement
Article 81, paragraph 5	Dismissed for repeated failure to fulfill labor duties without good reason, paragraph 5 of Article 81 of the Labor Code of the Russian Federation.	Discipline order
Article 81, paragraph 6	Dismissed for violation of labor protection requirements, which entailed grave consequences, subparagraph “e” of paragraph 6 of Article 81 of the Labor Code of the Russian Federation.	Discipline order
Article 81, paragraph 7	Dismissed for committing guilty actions giving grounds for loss of trust on the part of the employer, paragraph 7 of Article 81 of the Labor Code of the Russian Federation.	Discipline order

Table 3. Upon termination of an employment contract due to circumstances beyond the control of the parties

Articles of the Labor Code of the Russian Federation	How to formulate a post	Grounds for dismissal of an employee
Article 83, paragraph 1	Dismissed due to conscription for military service, paragraph 1 of Article 83 of the Labor Code of the Russian Federation.	Employee statement
Article 83, paragraph 2	Dismissed due to the reinstatement of the employee who previously performed this work, paragraph 2 of Article 83 of the Labor Code of the Russian Federation.	Court decision
Article 83, paragraph 3	Dismissed due to failure to be elected to a position, paragraph 3 of part one of Article 83 of the Labor Code of the Russian Federation.	Election Commission decision
Article 83, paragraph 4	Dismissed due to being sentenced to a punishment that precluded continuation of previous work, in accordance with a court verdict that entered into legal force, paragraph 4 of Article 83 of the Labor Code of the Russian Federation.	Court verdict
Article 83, paragraph 6	The employment contract was terminated due to the death of the employee, paragraph 6 of Article 83 of the Labor Code of the Russian Federation.	Death certificate
Article 83, paragraph 7	The employment contract was terminated due to the occurrence of emergency circumstances preventing the continuation of the employment relationship, paragraph 7 of part one of Art. 83 of the Labor Code of the Russian Federation.	Document on the occurrence of circumstances
Article 83, paragraph 11	Dismissed due to the cancellation of the court decision to reinstate the employee at work, paragraph 11 of Art. 83 of the Labor Code of the Russian Federation.	Appeal or cassation court ruling

Several important nuances when making entries in the work book

When registering a dismissal in the work book, the following definitions should be entered in full:

• Part.
• Article.
• Order.
• Russian Federation
• Labor Code.

And if you made a mistake in the wording or mixed up the details, you cannot cross out what you wrote. You need to do the following:

1. An order is issued which must invalidate the entry.
2. The next number in the work book is to enter information about the invalid entry, specifying the order number.
3. A new entry is made.

Any entries in the work book are recorded on the basis of any document - this could be an employee’s statement, an order or an order from the employer. In this case, the word “Order,” as we have already said, must be written down in full. HR officers are also prohibited from making other reductions. For example, if “p. 1 tsp. 1 tbsp. 77 Labor Code of the Russian Federation." Such a record will become the basis for receiving a fine. You also need to select a pen: a gel, ballpoint, or fountain pen is suitable; the ink can be black, purple or blue.

What to do if the employee decides to cancel the document? If the employer has already issued an order for his dismissal and the corresponding entry appears in the employment record, it is necessary to issue a new order to cancel the previous document.

Based on it, a new entry will be made in the labor record:

• In column No. 1 we put a serial number.
• In column No. 2 we enter the date of entry.
• In column No. 3 we write that “The entry behind “number...” is invalid.” After that we write down the current record.
• In column No. 4, enter the order number again.

Why can a labor entry be declared invalid?

Labor records may be invalidated if:

• The grounds for dismissal of an employee were incorrectly indicated (for example, instead of Article 83 of the Labor Code of the Russian Federation, Article 80 of the Labor Code of the Russian Federation was indicated, which is not a basis for dismissal at will).
• The details of the order are indicated incorrectly - most often this happens due to the inattention of the employee filling out the document.
• Errors when entering dates. This includes both errors caused by inattention (for example, the wrong year was entered - not 2017, but 2016), but also factual errors (when the date of dismissal does not correspond to the date specified in the order)
• Blots and errors in entries, including grammatical ones.

Therefore, it is advisable for all employees who are involved in drawing up the document to immediately check the accuracy of the entered information immediately after writing it and only then sign it. If errors are discovered later, it will be more difficult to make adjustments.

Conclusion:

• Work books are kept by all legal entities, individual entrepreneurs, and farms.
• All grounds for dismissal must be written down exactly with the wording of the articles that are described in the Labor Code.
• Do not cross out or correct entries in your work report under any circumstances.
• If problems and inaccuracies are discovered when maintaining work records, this may lead to fines of up to 5,000 rubles for an official and up to 5,000 rubles for a legal entity.

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 in the future.
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 some norms of the Labor Code.

"Correct" article

Despite the basic basic principles of legal acts, namely “absolute clarity in wording,” misunderstandings very often 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 this case, there can be no processing.

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. It is imperative to contact your former organization for correction. The document must contain the following entry: clause 3, part 1, art. 77 of the Labor Code of the Russian Federation (termination of an employment contract at the initiative of the employee).

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 involved in labor disputes know that termination of a 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 influence by the administration of the enterprise. 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.

As a rule, the former employee is paid some kind of “compensation” funds 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 consent 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 begin on the day the employer receives the letter, not on the date it is 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 this 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 the employment relationship, your rights were violated, then you need to defend them in one of the following ways:

• Contacting the Labor Rights Protection Inspectorate.
• Statement of claim to court.
• Contacting the prosecutor's office.

A citizen of the 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

The Labor Code contains reasons 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 your 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 the medical certificate is provided, the accounting department recalculates within 10 days and pays it on payday at the 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.

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;
• base;
• order data.

The entry made in the work book upon dismissal at one's own request 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 various 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. To correctly make an entry in the work book about voluntary dismissal 2019, remember that the employee’s own desire or initiative are identical terms, so you can indicate: “” or “the contract was terminated at the employee’s initiative.” 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 grounds for dismissal: state of intoxication, disclosure of trade secrets, repeated failure to perform 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 a 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 stated reasons for a person leaving work prevented him from getting another job, then the court may oblige the former employer to pay the former employee the average salary for the entire period of forced absence.

Only twenty percent are related to the employer's decision that the employee should be fired. One way or another, voluntary dismissals are in the leading positions and this is certainly a positive reason.

Dismissal must be properly formalized.

The fact of dismissal confirms the termination of the employment contract, which means that it must be thoroughly recorded not only in the personal file, but also in the relevant documents of the employee. In this article we will talk about the main aspects related to dismissal, starting from the reasons for such a step and ending with the correct filling out of the accompanying documentation.

What could be the reasons for dismissal?

Dismissal at will is also divided into categories. If you look at this issue in detail, you might be surprised at how many different categories of reasons why workers leave their jobs. Let's look at the most popular of them, thereby learning for ourselves main reasons for dismissal.

Retirement

Retirement tops the list of the most common reasons for quitting.

This happens due to the fact that The established retirement age in our country is 55 years for women and 60 years for men already gives people the right to leave their posts and receive a good pension from the state.

Retirement is accompanied by the assignment of various types of benefits and privileges.

Workers of retirement age see no point in sitting at work and retire as soon as they reach the desired age.

The employee’s retirement is accompanied by a corresponding entry in the work book.. Despite the fact that it would seem that there is no point in recording a dismissal due to retirement, the legislator makes such an entry mandatory in the employee’s work book.

The wording in the labor contract is also quite simple and transparent, characteristic of the situation and sounds like dismissal due to withdrawal employee for old age pension.

Other motives

Also reasons for dismissal There may be other factors as well. For example, the most common of them considered a job change. An employee's choice may be influenced by higher wages, better working conditions, a good position, or proximity to home.

Also, voluntary dismissal may lead to the decision to start your own business or take a break.

Also leading in the statistics is the reason when an employee cannot find a common language with employees and superiors.

There can be a lot of reasons for quitting at your own request - the main thing is, it's time to find out how perform this action correctly in your documents.

What is written in the work book?

Dismissal at one's own request has its own form to fill out in the work book.

Since voluntary dismissal is the most common type of dismissal, then we can confidently say that any personnel officer has an idea of ​​how to fill out this entry in the work book. Let's follow this process together and dive into studying the nuances.

How to get a work book?

An entry in the work book must meet certain design rules. How to write about dismissal in a work book? First, it must be written in clear handwriting. Secondly, the color of the recording can only be blue or black. Also, special attention should be paid to the correct spelling of words, phrases, and punctuation. It is advisable that there are no errors in the labor records. Otherwise, if the errors are widespread, you will have to change the employee’s employment status.

How to write correctly?

In order to make a correct entry, you need to familiarize yourself with a number of legal acts.

The first of these is instructions for the HR department employee. It is in this instruction that the procedure for making certain entries in the labor record is revealed in detail.

Despite the fact that the fact of dismissal implies leaving your place of work, each type of dismissal is formalized in its own way. We will tell you in our article how exactly an entry is made in the work book.

On your own initiative

The departure of an employee on his own initiative is formalized in a special work book.

Just like in other records, when leaving a record of dismissal, a serial number, date are indicated, and the number of the order on the basis of which the employee is dismissed is mentioned. But in the entry that talks about information about the job, it is worth writing that the employee is leaving the organization of his own free will from a specific position.

At your own request

Many people mistakenly believe that dismissal on their own initiative and at their own request are the same things and do not differ. But this is far from true. In both cases, the entry will be the same, without any changes. So, when leaving at your own request, we also indicate the serial number, the date of entry into the work record, the number and date of the order, and also indicate that the dismissal occurs from a specific position at your own request. Don't forget about the employer's seal and signature.

What entry is included in the labor record?

Sample (example of correct entry) for filling out a work book when leaving at your own request:

Due to retirement

If an employee has reached retirement age, then, as we said in the paragraphs earlier, he has every right to retire.

This step is documented in the work book accordingly. In addition to the serial number, the labor record contains the date the entry was made and the order number.

A phrase is also written stating that the employee was dismissed of his own free will due to retirement. The filling doesn't end there. The employer's stamp and signature are affixed. Only after this the work book is handed over to the employee.

Entry in the director's work book

If the director resigns from his post, the entry in the employment record must also state from which position the citizen was dismissed, and also contain information about whether this action was carried out at his own request. Only after the relevant characteristics have been entered into the work book can the director completely calmly leave his post.

In addition to the fact that the work book must be filled out accordingly, the deadlines for its issuance must also be met.

We will tell you about what rules HR department employees must follow in the following paragraphs.

Issue date

The Labor Code states that a work book must be issued to a resigning employee on the last day of the employee’s presence at his workplace.

Thus, worker after submitting an application for resignation of one's own free will must work for two weeks as established by law. Only after the completed period of work does the HR department employee give the employee his work book.

But many employers are not aware that such deadlines exist and may unknowingly delay the issuance of work permits. Unfortunately, such behavior may be considered an administrative offense and may result in a fine or monetary penalties.

If the employee cannot pick up his work document on the last day of his work function, then it should be sent by registered mail to the employee’s place of residence. Otherwise, withholding your work record may not have the best consequences. Also, it is worth saying that if the employee has not received the book sent by registered mail, it should still be kept in the organization until the employee himself or his representative comes to collect it.

Under no circumstances should you throw away or get rid of your work record. This is an offense against the labor rights of workers.

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Conclusion

Voluntary dismissal occurs everywhere in the organization. The reasons for this may be different, but, nevertheless, it is always necessary to remember that, regardless of the reason for dismissal, this action must be properly documented. Only in this case you will not spoil your employee’s employment document and will leave a good impression on the employee from the time he spent collaborating and working with you.