Many employers try to formalize dismissalemployee "on their own", even if the true reasons are different. But even in this case it is necessary to do it correctly, in accordance with the current legislation. Otherwise, you can not avoid problems with all kinds of services.

So, let's deal with all the nuances of how to formalize the firing of an employee.

The order of dismissal

Employee who is subject to dismissal byown desire, must necessarily write a statement. It is written in an arbitrary form, but it must contain the employee's full name and position. In accordance with the current rules, the employee can not claim to be discharged earlier than 14 days, except for a few cases. If there is a need to do this earlier, then the application must be dated backdating so that between the date of writing and the date of dismissal, not less than 14 days have elapsed. The date must necessarily be present on your application.

Exceptional cases of dismissal before the expiry of the period of 14 days:

  • retirement;
  • violation of the terms of the contract by the employer.

Layout of the dismissal

In order for everything to be arranged correctly, the employer must perform the following actions:

  1. To issue an order for dismissal, which is done for(form T8 or T8a (for several employees), it must contain the wording "at will, Article 3.7 part 1 of Article 77 of the Labor Code of the Russian Federation." This order must be shown to the dismissed person. the fact that the order was read and understood.
  2. Enter the appropriate entry in the workbook with the number of the order. The issue of the work record book must be made on the day of dismissal;
  3. To pay the employee all wagering funds on salary, confirming this fact with a document (form T-61);
  4. When maintaining forms T2 or T-54 / 54a, they also make records of dismissal;
  5. If an employee needs any documents related to his activities, they (copies) must be issued.

Special cases

  • The employee owes the employer. The employer does not have any legislative grounds to forcibly keep a person at work until the moment of settlement with debts. This is contrary to the Labor Code. But you have a legal right to demand from the employee a debt through the court, but after the dismissal.
  • Transfer of the employee's affairs to another person. Some posts provide for mandatory transfer of current affairs to another person in case of dismissal, transfer to another position. For non-compliance, a disciplinary sanction may be arranged, but it is impossible to prevent a departure from work.
  • The employee changed his mind. If the date of dismissal has not yet come, the applicant can write an appeal to the employer and withdraw it. But even if this date has come and the contract has not been terminated, its operation can continue without additional agreements. There is one nuance when an employer can still insist on leaving work - if another person has already been invited in writing to the place of the employee who wrote the application, and this person belongs to the category of persons who, according to the current legislation, can not refuse to enter into an employment contract .

About what number you need to fire, read in the article What number to fire.

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