Notice of termination of employment contract: sample 2021

The Labor Code provides an impressive list of reasons on the basis of which an employment contract (agreement) may be terminated. It is important to remember that the dismissal procedure may differ depending on these very reasons. Moreover, the differences can be very significant. For example, dismissal based on the will of an employee is very different from dismissal due to the latter committing a serious offense. One way or another, your former employee must receive notice of termination of the employment contract in a timely manner and in accordance with the procedure established by law.

Abstract of the article

1)
2) Cases of mandatory notification
3) Prepared by a specialist
4) Familiarization with dismissal
5) Sample: Notice of termination of a fixed-term employment contract
6) Sample: Notification upon reduction and liquidation
7) Sample: Notification to a failed test

It is important for the employer to take into account that each of his actions is strictly regulated by law. For example, if the dismissal is not based on the employee’s wishes, then the worker must be notified in advance of the upcoming termination of the employment relationship. The main thing is to document everything correctly. Otherwise, if the regulatory authorities notice that the accompanying papers are filled out incorrectly, the employer may be issued a fine, and the worker who was fired without complying with all the necessary rules may be reinstated, taking into account the payment of compensation for forced absences.

To avoid this kind of unpleasant situation, the employer can prepare dismissal notice forms in advance. All that remains is to correctly enter information about the employee and issue the paper on time, observing all the necessary rules.

A competent sample notification in 2021

We have prepared a typical example of a notification for you. If you are an experienced personnel officer and you only need a form (form) and an example document, then feel free to download it. We have prepared several notification options for you.

You can download for free the notice of termination of the employment contract, completed samples and blank forms (2021) in word document format:

Notice of termination of a fixed-term employment contract (download a blank form for free)

Notice of termination of a fixed-term employment contract (completed sample) An illustrative example below on the page ↓

Notice of termination of an employment contract due to a reduction in the number of employees (blank form)

Notice of termination of an employment contract due to a reduction in the number of employees (completed) Example below ↓

Notification... due to failure to pass the test (blank form)

Notification... due to failure to pass the test (completed) Example below ↓

For those who stayed and do not want to make a mistake, we will refresh and remind you of the main points that a specialist should remember, we will discuss the rules and regulations for drawing up such a document!

The essence of the problem

The Labor Code provides a wide range of grounds for terminating a current contract with an employee. For each case, the legislation determines an individual algorithm of actions and documentation. For example, the procedure for voluntary dismissal differs significantly from the reduction of a position or staff.

In a number of cases, the employer is required to notify a subordinate in advance of his impending dismissal. This procedure must be completed in accordance with the rules established by law, otherwise the employer has the right to be fined. And a citizen dismissed from an enterprise with violations will achieve reinstatement through the court with payment of compensation for forced absences.

Unified document forms have not been developed; different samples are used. In case of termination of the contract due to staff reduction, the employee must be notified 2 months in advance and offered vacant positions for transfer. The employer sends advance notice of termination of a fixed-term employment contract upon expiration if the contract expiration date is approaching. This document is for informational purposes only and does not contain any suggestions.

To avoid problems, prepare notices of termination (termination) of the employment contract in advance. Strictly adhere to the established deadlines and rules for their delivery.

When is it necessary to notify an employee?

The employee must be notified of the upcoming dismissal in advance and in writing. The document must contain information not only about the employee, but also the date and grounds for termination of the agreement.

It is important to clarify that the legislation does not strictly regulate when a worker needs to be notified of the upcoming termination of employment, and when this procedure can be omitted. But the need to draw up such a paper is recorded in separate articles of the Labor Code.

There are also situations in which the notification is only advisory and not mandatory. As a rule, in such cases, the paper is drawn up to comply with moral standards and the rules of mutual respect between members of the enterprise.

Let's consider both cases.

The employee must be notified of the termination of the employment relationship:

Part 2 Art. 180 Labor Code: dismissal due to reduction or liquidation of an organization;
Part 1. Art. 79 Labor Code: if dismissal occurs due to the expiration of the agreement;
Part 1. Art. 71 Labor Code: if the new employee failed to cope with the test set before him and necessary for further work in the organization;
Art. 288 Labor Code: if the employee worked part-time during the absence of the main employee who returned and is ready to start working;
Part 2 Art. 296 Labor Code: if a seasonal employee is dismissed due to layoffs.

In some cases, written notice of termination of employment is advisory in nature. All of these cases, given below, relate to Article 81 of the Labor Code: dismissal occurs at the initiative of the employer:

An employee is subject to dismissal due to misconduct: theft of company funds, appearing under the influence of alcohol or drugs, absenteeism, loss of confidence, refusal to perform official duties or violation of internal labor regulations;
If the manager and chief accountant resign due to a change in the owner of the enterprise;
If the dismissal is due to the fact that management made a decision that resulted in harm to the company.

Who in the company should deal with this issue?

Any representative of the company who is a specialist and has all the necessary knowledge in the field of Civil and Labor Law to complete the task can be authorized to draw up a document.

As a rule, the paper is drawn up by a HR specialist, lawyer or secretary. In a small enterprise, the director himself can draw up the document.

Calculation of compensation and payments

Termination of a contract due to the end of the term involves final payment for time worked and compensation for dismissal under a fixed-term contract.

Calculation of wages is carried out on a general basis: taking into account the number of days or shift rates. This also includes compensation payments for unused vacation. A person working under a fixed-term contract is entitled to 2 days for each month of performance of official duties.

If it was not possible to use these days during work, the company offers to go on vacation before leaving or pay compensation - the choice is up to the employee.

Procedure for familiarizing yourself with the document

The procedure for delivering notice to a dismissed employee is not fixed in legislative acts, so this procedure is not clearly regulated. It should be carried out in accordance with the regulations approved by the enterprise (for this, the necessary provisions must be recorded in any existing act or a new one must be drawn up). However, in practice, this kind of paperwork is only necessary for large companies. Other organizations can do without drawing up or adjusting local regulations.

Note! Under the main part of the document there must be a signature verifying it. The head of the organization or his deputy who has the necessary authority can sign. The fact of possessing these powers must be recorded on a separate paper (for example, by an order to transfer specific functions from one employee to another). The possibility of transferring powers is also better recorded in the company’s internal document, the charter.

Also, do not forget that the document is drawn up for the employee’s familiarization with it, which means that the signature of the person being dismissed must also be on the paper. However, if this is recorded in the company’s local act, the employee can sign in a special journal, and not directly on the notification form.

What data is inside such a log?

Name of the document and its details: number, date, etc.;
Last name, first name, patronymic and position of the employee. And also the name of the structural unit to which it belongs in accordance with the staffing table;
A mark confirming that the dismissed person has read the contents of the notice;
Date of familiarization of the worker with the document;
Signature of the employee and transcript of the signature.

Virtually any employee can hand over the notification form: the secretary, the manager, and the immediate supervisor. If we are talking about a medium or small organization, then the paper is often handed over by its head himself. If the enterprise has a personnel department, then, as a rule, the paper is handed over to the employee through a specialist from this service.

Issuance of an order

The next step in the process of terminating an employment relationship with an employee is issuing a dismissal order due to the expiration of the employment contract. It is published in a unified form T-8 and contains:

name of the enterprise;
document number, date of signing;
details of the contract to be terminated;
date of termination;
surname, name, patronymic of the dismissed person, his position, name of the department;
Personnel Number;
grounds for termination;
manager's signature.

The order (signed by the director) is issued to the employee, and the second copy with his signature on receipt is stored in the personnel department.

Expiration of the agreement

The employer has every right to dismiss an employee with whom a fixed-term employment contract was concluded if the period of its validity has come to an end. This is clearly regulated by Article 77 of the Labor Code, namely, clause 2. part 1.

But the employer cannot simply up and send the employee out because the agreement has terminated. By law, the employer is required to notify the person being dismissed three calendar days before the expiration of the document.

To notify an employee, you need to draw up a special paper, the so-called “Notice of termination of a fixed-term employment contract,” through which the worker will be notified of the dismissal and the need to appear at the accounting department to receive all the papers and payments due on the last working day. The notice is drawn up in two copies: one for the employee, the other for the employer. The second must contain a mark indicating its receipt by the employee: date, signature of the worker, transcript of the signature.

Let us repeat that the document on termination of a fixed-term employment contract must be signed either by the head of the organization or by a person replacing him and having all the necessary powers. If the document bears the signature of a person who does not have such authority, then the paper will not have any legal or legal force.

Draw your attention to! The described procedure actually refers to the dismissal of an employee at the initiative of the employer. The fact is that dismissal based on the expiration of the agreement is made on the basis of the will of any party: either the employer or the employee. If neither one nor the other wants to terminate the employment relationship within the established period, then the employment contract will be considered extended for an indefinite period. Simply put, a fixed-term contract will be re-concluded, after which it will become indefinite.

Termination of contracts with foreign employees

Labor and migration legislation requires the employer to comply with a number of rules when dismissing a foreign worker. The nuances were reviewed by our leading legal consultant Galia Tekareva.

The dismissal of a foreign employee occurs on grounds that can be conditionally divided into two groups: general grounds that are not related to the employee’s citizenship, provided for in Article 77 of the Labor Code of the Russian Federation, and special (special) grounds. The latter are typical only for foreign workers who are listed in Part 1 of Article 327.6 of the Labor Code of the Russian Federation. The application of these grounds depends on the status of the foreigner.

Special grounds for termination of employment contracts

Let's start with the most privileged categories of foreign workers, which include foreign citizens permanently residing in the territory of the Russian Federation (with a residence permit in the Russian Federation), temporarily residing in the territory of the Russian Federation (with a temporary residence permit) and citizens arriving from foreign countries - members of the EAEU (Belarus, Kazakhstan, Armenia and Kyrgyzstan).

Permanently residing foreigners can be dismissed (unless otherwise provided by law or an international treaty of the Russian Federation) in connection with the cancellation or expiration of a residence permit in the Russian Federation[1].

Temporarily residing foreigners can be fired (unless otherwise provided by law or an international treaty of the Russian Federation) in connection with the cancellation or expiration of a temporary residence permit in the Russian Federation[2].

Dismissal of citizens of Belarus, Armenia, Kazakhstan and Kyrgyzstan is not provided for on special grounds, for example due to the expiration of a patent or work permit, and other grounds listed in Part 1 of Article 327.6 of the Labor Code of the Russian Federation, taking into account the provisions of international treaties of the Russian Federation. But the question remains open about the dismissal of citizens of the EAEU states (except for citizens of Belarus, since they do not need a VHI policy) under clause 8 of part 1 of Article 327.6 of the Labor Code of the Russian Federation, that is, in connection with the expiration of the VHI agreement (policy) or the termination of the agreement with medical organization on the provision of medical services to foreigners. The Ministry of Labor of the Russian Federation has not yet given official explanations, so there may be risks for the employer when dismissing foreign citizens of EAEU countries on this basis.

It should also be noted that foreign citizens of the so-called privileged categories listed above cannot be dismissed in connection with bringing the number of foreign workers in accordance with the permissible share[3], since they are not subject to the restriction on the permissible share of foreign workers. These conclusions can be drawn from paragraph 9 of part 1 of Article 327.6 of the Labor Code of the Russian Federation, paragraph 1 of Article 2, paragraph 2 of Article 13.2, paragraph 5 of Article 18.1 of the Federal Law of July 25, 2002 No. 115-FZ “On the legal status of foreign citizens in the Russian Federation” (hereinafter ‒ Law on Foreigners), provisions of international treaties of the Russian Federation.

The largest number of special grounds for termination of an employment contract are provided for by law for contracts concluded with foreign citizens temporarily residing on the territory of the Russian Federation.

When dismissing temporarily staying foreigners working under a patent or work permit, the Labor Code of the Russian Federation provides for the following special grounds:

expiration of a patent or work permit[4];
revocation of a patent or work permit[5];
expiration of the validity period of a VHI agreement (policy) on the territory of the Russian Federation or termination of an agreement between an employer and a medical organization on the provision of medical services to a foreigner[6];

This basis cannot be the reason for the dismissal of highly qualified specialists (HQS), since the employer must provide them with guarantees of receiving medical care throughout the entire term of the employment contract[7].

bringing the number of foreign workers into line with the permissible share of such workers for your type of economic activity[8].

Labor legislation provides a foreign employee with a period to eliminate special reasons for dismissal. Suspension is possible for up to one month. This period is specified in Article 327.6 of the Labor Code of the Russian Federation, and it is given for the renewal of new documents. The removal must be formalized by order.

If, after a month, the foreign worker does not receive new permits, the employer has the right to terminate the employment contract on the basis of the relevant paragraph of Article 327.6 of the Labor Code of the Russian Federation.

When terminating an employment contract with a foreign employee, an order is drawn up, with which the employee must be familiarized with a personal signature. On the day of termination of the employment contract, the organization is obliged to issue the employee a work book and make payments to him. Also, upon a written application from an employee, the employer must provide him with duly certified copies of work-related documents[9].

Notice of dismissal of a foreigner

The most important point when terminating employment contracts with foreign employees is the employer’s obligation to notify the territorial body of the Ministry of Internal Affairs in the subject of the Russian Federation where the dismissed employee worked about this fact. This follows from the norms of paragraph 1 of paragraph 8 of Article 13 of the Law on Foreigners, paragraph 2 of the Procedure for notification of the conclusion and termination of employment contracts with foreigners[10].

If a foreigner who is studying full-time in the Russian Federation at a professional educational organization (educational organization of higher education) in a basic professional educational program that has state accreditation is dismissed, then it is necessary to notify the regional employment service authority. Notifying the tax office when dismissing a foreign employee is not necessary (this obligation was abolished back in 2015). The tax authority will receive this information from the migration office as part of interdepartmental interaction.

On a note! A notice of termination of an employment contract with a foreign citizen is sent by the employer, regardless of the grounds for termination of the employment relationship.

It is necessary to notify the territorial body of the Ministry of Internal Affairs of Russia about the dismissal of any foreign employee, since in paragraph 1 of paragraph 8 of Article 13 of the Law on Foreigners there are no exceptions for any categories of foreigners.

So, more about the notification procedure. The territorial body of the Ministry of Internal Affairs of Russia in the constituent entity of the Russian Federation where the dismissed person worked must be notified of the dismissal of a foreigner. To do this, a notice in the prescribed form is sent no later than three working days from the date of dismissal of the employee[11]. The notification form and submission procedure are approved by Order No. 11 of the Ministry of Internal Affairs of Russia dated January 10, 2018. Information about dismissal must be submitted for each dismissed foreign employee. The notification must be filled out by hand or on a computer, in Russian, legibly, without abbreviations, strikethroughs or corrections. All fields in the notification form must be filled out.

Removal from migration registration

The employer of a foreign worker also needs to know about the removal of a retired foreigner from the migration register if he was registered at the place of residence at the address of the employing organization. This rule has recently been applied to the host employer and was established by Federal Law No. 257-FZ dated July 29, 2018 (came into force on August 10, 2018).

More recently, the employer did not have the opportunity to remove a former foreign employee from the migration register on his own. And if the dismissed employee did not leave the territory of the Russian Federation or was not registered by another receiving party, then he was listed as registered at his previous address. As a result, the former employer could be fined for the fact that the foreigner does not live at the place of registration.

Now the fact of a foreign citizen’s departure from the place of stay, with the exception of cases provided for in paragraphs 1 - 4 of Part 1 of Article 23 of Law No. 109-FZ, is an independent basis for deregistering him from the register at the place of stay[13].

So, deregistration of a foreigner at the place of stay is carried out in the following cases:

— his registration at the new place of residence;

— his departure from the Russian Federation;

— the death of a foreign citizen in the Russian Federation or the entry into force of a court decision declaring a foreign citizen who was in the Russian Federation missing or declaring him dead;

— establishing, in the manner determined by the federal executive body in the field of internal affairs, the fact of fictitious registration at the place of residence;

— departure of a foreign citizen from the place of stay, with the exception of the above cases.

The Ministry of Internal Affairs of Russia removes registration at the place of residence after receiving notification of the departure of a foreign citizen from the place of stay in accordance with paragraph 5 of part 2 of Article 23 of Law No. 109-FZ.

The deadlines for sending a notice of the departure of a foreign citizen from the place of stay are currently established only for foreigners who carried out labor activities under conditions of work on a rotational basis (notification must be sent no later than seven working days from the date of their departure from the organization). Such deadlines are not established for other categories of foreigners.

Notice of departure at the initiative of the employer

The employer can send a notice of their departure on its own initiative (clause 45(1) of the Rules for the implementation of migration registration of foreign citizens and stateless persons in the Russian Federation, clauses 1, 3 of the Procedure for sending to the migration registration authority a notice of the departure of a foreign citizen from place of stay) in order to relieve oneself of migration obligations in relation to former foreign workers.

The form of the notification, the list of information contained in it and the requirements for its execution were approved by Order of the Ministry of Internal Affairs of Russia dated March 18, 2019 No. 142. The same order approved the Procedure for sending to the migration registration authority a notification of the departure of a foreign citizen from the place of stay. This order came into force on July 28, 2019.

Notification of departure is sent to the migration department of the territorial body of the Ministry of Internal Affairs of Russia at the regional or district level at the place of registration at the place of residence of the foreign citizen.

This can be done in several ways (Part 2.2 of Article 23 of the Law on Migration Registration, paragraphs 1, 4 of the Procedure for sending a notice of departure of a foreign citizen from the place of stay to the migration registration authority): in person, through the MFC or by post.

Violation of notification requirements, for example, for failure to provide notice of the departure of a foreign shift worker registered at the place of residence at the organization's address (if these actions do not contain signs of a criminal offense), is subject to a fine (Part 4 of Article 18.9 of the Code of Administrative Offenses of the Russian Federation) :

from 40,000 to 50,000 rub. - for officials of the organization;
from 400,000 to 500,000 rubles. - for the organization.

Thus, when terminating an employment contract with a foreign worker, the employer must take into account all the norms and restrictions of migration legislation and promptly monitor changes in regulatory legal acts.

[1] Clause 4, 7 part 1 art. 327.6 Labor Code of the Russian Federation.

[2] Clause 3, 6 part 1 art. 327.6 Labor Code of the Russian Federation.

[3] Clause 9, part 1, art. 327.6 Labor Code of the Russian Federation.

[4] Clause 5, part 1, art. 327.6 Labor Code of the Russian Federation.

[5] Clause 2, part 1, art. 327.6 Labor Code of the Russian Federation.

[6] Clause 8, part 1, art. 327.6 Labor Code of the Russian Federation.

[7] Clause 14 art. 13.2 of the Law “On the legal status of foreign citizens in the Russian Federation”.

[8] Clause 9, part 1, art. 327.6 Labor Code of the Russian Federation.

[9] Art. 84.1 Labor Code of the Russian Federation.

[10] Order of the Ministry of Internal Affairs of Russia dated January 10, 2018 No. 11 “On the forms and procedure for notifying the Ministry of Internal Affairs of the Russian Federation or its territorial body about the implementation of labor activities by foreign citizens (stateless persons) on the territory of the Russian Federation.”

[11] Para. 1 clause 8 art. 13 of the Law on Foreigners.

[12] Part 1 art. 4.5 Code of Administrative Offenses of the Russian Federation.

[13] Clause 5, part 1, art. 23 of Law No. 109-FZ.

Downsizing and liquidation of an enterprise

Sometimes, no matter how sad it is for employees, the management of an organization is forced to resort to staff optimization - a procedure that implies the dismissal of less productive employees. In order to fire a permanent specialist correctly, avoiding questions from regulatory authorities, the employer needs to take into account a number of nuances. One of the most important is notifying employees about upcoming layoffs. Employees must be notified no later than two months before layoffs. All of the above also applies to the process of liquidation of an enterprise. Of course, there are some nuances, but there are no fundamental differences in the issues of notifying employees.

The dismissed person must sign the completed notice, confirming the fact of familiarization. If a worker refuses to put his signature on paper or in a journal, then the fact of refusal must be recorded in writing by drawing up an appropriate act.

If it is necessary to notify a seasonal employee about the reduction or liquidation, then this must be done seven calendar days before the date of dismissal; this is regulated by part two of Article 296 of the Labor Code. If the validity period of the drawn up employment contract does not exceed two months, then the dismissed worker must be notified no later than three days before the dismissal, as stated in Article 292 of the Labor Code.

Test failed

A probationary period or test for employment is not a new concept. An employer hires a specialist, but he does not have an accurate idea of his qualifications and performance. To check his professional suitability, the employer determines a test, based on the results of which a decision will be made whether to extend cooperation with this employee or not.

Not everyone can achieve positive results and not always. If the test is not passed, the employer is obliged to notify the employee in accordance with the established procedure. Send notice of termination of the employment contract no later than three calendar days before the actual date of dismissal.

IMPORTANT!

Note! Describe the reasons for dismissal in as much detail as possible. That is, describe the place and time of the test, its results, and document the circumstances. For example, attach reports from department heads, reports on the release of defective products (batch number and characteristics), written customer complaints, extracts from visitor logs, as confirmation of the notification. If an employee decides to be reinstated through the court, then these documents will be studied first.

Sample notice of termination of an employee's employment contract during a probationary period

Conclusion about unsatisfactory test results

Samples of notices of termination of an employment contract:

Notice for a fixed-term employment contract

>Download

Notification upon layoff

>Download

Notification upon failure to complete the probationary period

Didn't pass the test

If in your case a new and promising employee does not pass the test, and you decide to part with him, then he must also be notified of this unpleasant event. What does the law say? And the law says that you must notify such an employee exactly three days before the date of his dismissal.

Draw up a document and give one copy to the employee for signature. In case of refusal, invite witnesses to record what happened.

Andrey Shilov, HR lawyer

How to submit a notification?

Notification of a subordinate about the upcoming dismissal is issued in writing. Since the legislator has not approved a unified form for such a document, the employer can draw it up in any form. As a rule, organizations independently develop the necessary forms. It is important that the contents of the document indicate:

title and number of the document;
information about the employer who sent the notice;
information about the employee subject to final payment, namely, his full name, position, structural unit where he is registered;
the basis on which the employment relationship between the parties is terminated. For example, reduction of an employee’s position due to the reorganization of the enterprise;

In what cases is it necessary to notify an employee of dismissal?

According to the requirements of labor legislation, the dismissal procedure must follow the following algorithm:

the emergence of grounds for termination of the employment contract;
management prepares a written notice of dismissal, which is handed to the employee against signature;
issuing an order to stop working;
delivery of a work book and full settlement with the citizen.

The absence of at least one of these stages indicates the incompetence of the participants and the illegality of the decision made. According to the provisions of the Labor Code, the company administration is obliged to inform the employee about the expected dismissal in the following circumstances:

complete liquidation of the organization (indicate the number of the administrative document of the founders of the company, as well as the date of the commission meeting);
termination of an agreement with a foreign citizen (the message is sent to the person himself and to the Federal Migration Service of Russia);
termination of a fixed-term employment contract (if necessary, its extension for a limited period or indefinitely is allowed);
reorganization of the company or reduction of staff (the warning should include an offer of a new position that the employee can take due to his qualifications);
due to failure to complete the probationary period;
termination of legal relations with part-time workers (the reason why the citizen’s services are no longer required is indicated);
if the employee has financial obligations (if regular deductions of alimony or loan payments were made from wages, then the notice indicates the amount of the remaining debt and the obligation to continue further repayments independently).

ATTENTION! The notification can be sent in any way that guarantees receipt of the document (in person, by post). The main thing is to obtain confirmation that the worker has become familiar with the upcoming termination of the contract.