The procedure for documenting the dismissal of an employee. What papers does the employee sign?

Grounds for issuing an order

The grounds for termination of the contract may be:

• the person's own desire;
• changes made by the employer in working conditions, as a result of which the citizen refuses to continue performing his duties;
• leadership initiative;
• violations in the procedure for applying for a position and drawing up an employment contract that do not allow a person to continue working in this organization;
• refusal of a worker to move to another locality due to a change in the location of the enterprise;
• repeated violation of labor discipline;
• reduction in the number of employees in the workforce;
• Liquidation of company.

Regardless of the basis for which the employment agreement is terminated, the procedure for dismissing an employee requires documentation in compliance with the algorithm of actions standardized by the Labor Code.

Reduction of employees or positions

The dismissal of an employee at the initiative of the employer due to a reduction in staff has its own procedure:

1. Decision-making.
2. Drawing up a new staffing table and issuing an order.
3. Notification of the trade union and the employment service (2 months before layoffs, in case of mass layoffs - 3 months before).
4. Notification of those being dismissed against signature.
5. Offer of vacant positions.
6. Issuance of orders for each individual, familiarization with signature.
7. Making an entry in the work book (clause 2, part 1, article 81 of the Labor Code of the Russian Federation).
8. Final calculation and payment of severance pay in the amount of average earnings.

If an employee decides to resign before the expiration of the notice period, and the employer agrees to such dismissal, then, by virtue of Art. 180 of the Labor Code of the Russian Federation, he will have to pay additional compensation in proportion to the time worked remaining before the expiration of the notice period from the amount of average earnings. At the same time, agreeing to this or not is the right, not the responsibility of the leader. But if consent is given, then payment of compensation is the responsibility of the employer.

If a person registered with the employment service, he was unable to find a job a month after the layoff, he is paid according to his average earnings. In exceptional cases, by decision of the employment service, payment may be made for another month.

The downsizing procedure during liquidation of an organization is similar to reducing the number of staff.

Drawing up a dismissal order

The dismissal order can be drawn up either by the head of the company himself or by employees of the personnel department vested with the appropriate powers. Labor legislation regulates the unified form according to which a dismissal order is drawn up. It is published under the number T-8, but its use is not obligatory. Organizations are allowed to use independently developed letterheads. The only condition in this case is the rules for filling out the document: its contents must indicate all the required information.

In the first part you need to write down the full name of the enterprise indicating its organizational form. The following information is provided sequentially:

• date of drawing up the order;
• the date of conclusion of the employment agreement on hiring a person at the workplace;
• expiration date of the employment contract (required to be filled out only if the order is issued in relation to a worker employed under a fixed-term employment agreement).

IMPORTANT! The dismissal order must be assigned its own document number. This is required to classify the internal documentation of the enterprise located in the archive of the personnel department.

The main part of the document indicates basic personal information about the employee. The following information is entered:

• FULL NAME.;
• full name of the position held;
• employee personnel number (assigned at the time of hiring the employee when drawing up an employment agreement);
• full name of the structural unit in which the dismissed person worked (if any);
• a description of the grounds on which the working relationship with a person is terminated, together with a reference to the articles of the Labor Code.

The reasons will also require you to indicate the type of document. In most cases, this is a resignation letter from a citizen. However, this may be a conclusion from the attending physician, a summons for conscription for compulsory military service in the army, an order to impose a disciplinary sanction, and other documents.

At the end of the order, the signatures of the parties are affixed.

ATTENTION! If there is a body of a trade union of workers at the enterprise, then the signature of its representative must additionally be present.

Employee familiarization

After drawing up the order, the head of the organization is obliged to familiarize the employee with its contents against signature. If a person refuses to sign a document, then a corresponding act is drawn up.

If for some reason it is impossible to familiarize a citizen with the document in person, for example, due to temporary disability or while on a long business trip, then the employer can use the services of post offices to send the order.

Upon completion of the document and the employee’s familiarization with it, a copy is made and sent to the organization’s archives. The original, after signing, is transferred to the accounting department, and on its basis the final settlement with the citizen is made.

If the resigning employee was financially responsible for the property, cash or other valuables entrusted to him, then when sending the order to the accounting department, the manager must also attach to the document an extract stating that the organization has no financial claims against the citizen.

Is it possible that the date of drawing up the order is later or earlier than the day of dismissal?

As already mentioned, the law does not contain restrictions regarding the date of drawing up the order. In particular, it can be issued before the date of dismissal, in advance. In this case, the future date of dismissal of the employee is entered, upon which the administrative document will begin to take effect.

Example. Sidorov V.G. submitted an application on March 12, 2021, in which he expressed a desire to resign. In the document, he indicated the date of the last day of service - March 27, 2021. The employer issued an order that Sidorov V.G. will be dismissed on the day the application is received - March 12, 2021. At the same time, the dismissal date was set for March 27, 2021. Thus, when March 27, 2021 arrived, the order began to take effect and Sidorov V.G. was fired.

Important! Although the order can be issued before the employee is dismissed, the best option is to issue it on the day of dismissal. This is due to the fact that after drawing up the order, the worker has the opportunity to withdraw the application. In this case, the employer will have to cancel the administrative document.

The only case when an order is issued after the date of dismissal (termination of the contract with the employee) is the death of the employee, which the employer did not know about.

How to cancel an issued order

There may be situations in which the suspension is revoked. This can happen for various reasons:

• changed his mind about quitting and the employer agrees to keep him in his position;
• reinstated on the basis of a decision taken by the establishment of the judiciary;
• registration of sick leave on the day of leaving the position (subject to notification of the employer).

The procedure for canceling an order to dismiss an employee is carried out by issuing a canceling order.

For circumstances beyond the control of the employee or employer

In such cases, according to Art. 83 of the Labor Code of the Russian Federation, include:

• military conscription (the key fact is that the person has received a document confirming the conscription);
• reinstatement of the former employee by decision of the court or the state labor inspectorate (before dismissal, the person must be offered all available vacancies in the area; if the transfer is refused, the person is fired);
• non-election to a position (applies to those with whom an agreement was concluded in connection with election to a position for a certain period (including based on the results of a competition);
• imprisonment by court verdict;
• disability for medical reasons;
• death or recognition as missing (if an individual entrepreneur terminates his activities due to death, the day of termination of employment relations is the day of death of the entrepreneur. The basis is the death of the employer, payments are made at the expense of his property and inheritance by court decision. The death of an employee must be confirmed by an official document, the amount payments and work book are issued to close relatives);
• emergency circumstances;
• administrative punishment (disqualification, ban on holding certain positions);
• expiration of the contract, suspension for a period of more than 2 months;
• denial of access to state secrets, if necessary;
• cancellation of the decision on reinstatement.

Severance pay for the listed reasons is paid only to those called up for military or alternative service, persons recognized as disabled, and persons dismissed due to the reinstatement of those previously dismissed. The amounts are calculated from the average salary for the previous two years of work, recalculated for two weeks.

The procedure for terminating an employment contract at the initiative of the employer is the same as in the usual manner, and involves the issuance of an order, familiarization with it, issuance of a work book and final payment.

In all cases, the order and work book reflect the corresponding paragraph of Art. 83 Labor Code of the Russian Federation.

Samples and forms of documents

Organizations are not required to use the dismissal order form regulated by labor legislation to draw up orders. They may use letterheads of their own design. However, in most cases the T-8 form is used.

Form of dismissal order:

An example of a completed sample voluntary dismissal order:

Sample order to cancel a dismissal order:

Termination of the contract for certain groups of employees

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But, there are mandatory items that must be included in the notice:

• name of company;
• to whom the appeal is intended;
• Title of the document;
• a phrase about the upcoming dismissal under the contract indicating its details and the date of conclusion;
• signature of the general director or the person officially representing him (if the signature is put by another employee, it can be declared invalid);
• date of.

Important! The employer is recommended to issue two notices.

On the second copy, the employee will put a mark indicating acceptance of the document.

The employee does not have to write additional statements.

In the dismissal order, reference is made specifically to the clause of the fixed-term contract with the expiration date of its term.

Is it possible for an employee to resign before the expiration date of the contract at his own request? Read here.

How to dismiss a fixed-term employee at the initiative of the employer?

When dismissing an employee, the employer issues a corresponding order. It has a special unified T-8 form.

You can also issue the form in another form approved by the enterprise. However, it is recommended to include the following mandatory items in the order:

• Company name. You are allowed to write in full or use abbreviations. For example, instead of a limited liability company, you can write LLC.
• The name of the document and what it is about. It sounds like this: An order to terminate an employment contract with an employee.
• Document number and number. Orders for personnel have their own numbering.
• A phrase about the termination of the contract due to expiration, indicating its number and date of conclusion.
• Employee personnel number.
• Full name, position and description of the dismissed employee.
• Reason for issuing the order: details of the employment contract and notification.
• Visa of the head of the organization.
• Signature of the employee indicating familiarization.

The manager's visa is issued before the employee's signature on familiarization. The order takes legal force only after agreement with the manager.

By agreement of the parties

The most optimal and bloodless option is to terminate the contract by agreement of the parties - follow the link to study the detailed instructions. With this outcome, the basis is consensus between the parties to the contract. Consequently, they have come to an agreement and there is no reason for conflict. This option is regulated by Art. 78 of the Labor Code of the Russian Federation and provides for the conclusion of a written agreement in which the material interests of the parties can be taken into account. Since all relationships end on the day the parties reach an agreement, there is no need to work through.

The agreement is drawn up in two copies, which may also contain a list of conditions. Payments due and a work book are issued on the day of termination of the employment relationship.

How to fill out an order

The dismissal order is drawn up by a personnel employee. In the column in which the basis for termination of the trade union must be indicated, the exact wording of the reason for dismissal must be given with reference to the norm of the Labor Code of the Russian Federation. In the line where the basis document should be described, its name and details are indicated in the form of number and date. For example, this could be a statement from the employee himself, a memo, a medical report, a summons to the army, etc.

If an order is drawn up to dismiss a materially responsible person, it will need to be accompanied by documentary evidence of the absence of property claims against the dismissed employee. If the dismissal order is issued on the initiative of the company’s management, then the opinion of the trade union of this organization (if it has been created and is functioning) is attached to the order.

Based on the results of certification

To fire an employee who does not correspond to his position, you can arrange a certification.

At the same time, the organization must have a regulation on certification, which determines the frequency and procedure for its conduct, evaluation criteria, etc.

An order is issued, a certification commission is created, which evaluates the person’s professional suitability based on certain criteria, and certification is carried out.

An unsatisfactory result of the certification is a reason for transferring a person to another position. If the transfer is refused, dismissal due to non-compliance is issued. In this case, the contract must be terminated no later than 2 months after certification.

If the employee disagrees, he or she may go to court. To defend its position, the organization must have local documents in order and follow the dismissal procedure.