Sample order for dismissal at the initiative of an employee

Form requirements

The legislation does not impose special conditions on the type of this document.
The employer can develop his own version as he likes, but we still recommend using the unified T-8 form because of its simplicity and versatility. How to write a voluntary resignation order correctly and what to pay attention to? First of all, you need to look carefully at:

• dates: issue of the order;
• the employee's last day of work;
• familiarization of the employee with the order.

https://youtu.be/SYvmVaSksk8

If the organization has a trade union, termination of the employment contract must be agreed upon with it. If there is no trade union, nothing needs to be agreed upon.

Author of the document

• Email

Unified form No. T-8

Approved by Resolution of the State Statistics Committee of Russia dated 01/05/04 No. 1

Grounds for dismissal

Labor legislation obliges an employee who wishes to terminate an employment contract to notify the employer in writing no later than two weeks in advance. This norm is enshrined in Article 80 of the Labor Code. In some cases, other deadlines may be established by the code or federal laws.

The employer has the right to reduce the two-week period of work. At this time, the employee is not required to be at his place of work; he can leave on a certificate of incapacity for work, use the remainder of the next vacation, etc. The deadlines do not change.

The form of application for dismissal can be arbitrary. The document can be written by hand, printed using office equipment, or filled out on a form that can be used in the human resources department. Important conditions are:

• applicant's handwritten signature and date;
• clear wording that conveys the citizen’s desire to quit and is clearly understood;
• The date that will be the employee’s last day of work in this organization must be present.

There can be only two types of application submission methods:

• personally to the office of the organization;
• by mail with notification.

In this case, the person writes a statement of termination of the relationship with his own hand.

In cases where the dismissal is initiated by the administration, the basis for dismissal is most often a one-time gross violation of labor discipline committed by the employee.

At the same time, the employer may terminate the employment relationship with the employee due to:

• staff reduction;
• inconsistency with the position held based on the results of certification;
• loss of trust, etc. (a full list of grounds is given in Article 81 of the Labor Code of the Russian Federation).

For example, in case of absenteeism, an order for dismissal at will (sample 2020, form) will be as follows

This case refers to the termination of an employment relationship for reasons beyond the control of the parties. As mentioned above, the date of issue of the order will be the date the employer receives the employee’s death certificate, and the date of termination of the employment contract will be the date of the employee’s death.

In addition to death, these causes include:

• conscription into the army;
• condemnation;
• disqualification, etc.

In the event of the death of an employee, the entry will be as follows:

This option also happens, and often (Article 127 of the Labor Code of the Russian Federation).

If an employee wishes to rest before leaving work, the employer can provide him with such an opportunity.

In this case, two regulatory documents are issued:

• on granting leave;
• on termination of the employment contract.

The order to terminate the contract in this case will not differ from a similar order at one’s own request.

Please note that the day of dismissal in this case is the last day of vacation, and in this regard disputes arise: when to give the work book to the employee: on the last day of vacation or on the last day before vacation? The answer to this question is simple - we submit the documents on the last day before the vacation.

Another question: is a seal required on the dismissal order? No, it’s not necessary, they don’t put stamps on such documents only if they certify the order of dismissal at one’s own request, a sample of which we provided above.

The order, for which it is possible to use the unified form Form T-8, is drawn up on the basis of documents received by the personnel service with the presence of the corresponding marks of the company management on them.

Labor legislation provides that the grounds for a dismissal order may be an application for termination of a contract received from an employee, an agreement concluded by the parties to terminate the employment relationship, acts of disciplinary offenses, etc.

Documents drawn up from outside by a third party may also serve as grounds. These include the employee’s death certificate, a court ruling recognizing a long-term absence from the main place of residence, etc.

Which documents will form the basis of the order is determined by what is the reason for the dismissal. Particular attention should be paid to the correctness of documentation when dismissal on the initiative of the enterprise administration. In this situation, it is imperative to follow all stages of this procedure.

Attention: if any point is omitted, the employee will have the opportunity to challenge the company’s decision through the court and demand the restoration of his rights. For example, for violation of internal rules, the company decides to part with an employee.

To properly formalize dismissal for absenteeism, you will need to draw up acts of violation, reports and obtain explanatory notes from the employee himself.

The order may be issued by the company in a standardized form. Or the subject can issue an order in free form. The main requirement for the form drawn up in the latter case is the presence in the document of all mandatory details. Therefore, do not forget to indicate in this case a list of the grounds that served as the reason for this order.

Cases of dismissal orders initiated by the employer

The most common formulations when an employee leaves an organization are his own desire or agreement of the parties. Even in the event of a conflict, a loyal employer tries to write a neutral reason

, because it will also go into the employee’s work book. But if an employee violates the discipline established at the enterprise, a dismissal order may be issued against him for violation of the employment contract. The draft document is agreed upon with the trade union organization.

According to Article 84.1 of the Labor Code of the Russian Federation

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

In rare cases, an employer indicates drunkenness or absenteeism as a reason for terminating an employment contract. Such wording is provided for in Part 6 of Article 81 of the Labor Code of the Russian Federation

, are legal and relate to the case of dismissal at the initiative of the employer. In both cases, the employee is subject to disciplinary action for misconduct.

In letter of Rostrud No. 1493-6-1 dated 06/01/2011.

stated:

“If the penalty is dismissal for appropriate reasons, the order is drawn up according to the unified form No. T-8, in which the employee’s memos, acts and explanatory notes are indicated in the “Grounds” column. In this case, it is not necessary to issue an additional order to apply a disciplinary sanction in the form of dismissal.”

That is, in the case of dismissal for absenteeism or drunkenness, the issuance of two orders is not required - on the imposition of a disciplinary sanction and on the termination of the employment contract. Only the latter is sufficient. However, the publication of two documents also does not contradict the law.

From January 1, 2013

It is not necessary to use established document forms. The given sample order of dismissal for absenteeism contains all the information required for such a case.

Before issuing an order, it is necessary to prove the fact of absenteeism. For this:

• A report on the absence of the employee from the workplace is drawn up in any form
  .
• A report is written addressed to management
  .
• An explanatory note from the absentee is requested
  (or evidence that he really could not or had the right not to go to work).

Going to work while intoxicated is formalized in the same way with the preparation of reports. Regular drunkenness may lead to dismissal. A sample order of dismissal for drunkenness is not provided. It is the same as in the case of absenteeism. The only reason for kicking an employee out of work is “ appearing at work while intoxicated.”

", a link is provided to
subparagraph "b" of paragraph 6 of Article 81 of the Labor Code of the Russian Federation
.

Sometimes they are kicked out for absenteeism if an employee goes on scheduled annual leave without permission. This is not legal if there is an approved vacation schedule and the employee follows it. By the way, absenteeism does not always lead to dismissal:

• Absence from work for a valid reason, as well as in the case when the employee retains his place, is not absenteeism.
• An employer does not always fire people for absenteeism. He can make a reprimand or reprimand with or without recording it in the work book.

In the latter case, an order to impose a penalty is issued, but the employment contract is not terminated. A sample order for an employee to take absenteeism without dismissal implies the application of a disciplinary sanction to the employee.

When is the order form used when dismissing T-8?

All cases of termination of a contract with an employee must be formalized by order, signed by the head of the institution. When compiling it, personnel services use the unified T-8 form. It contains all the necessary details. The employer has the right to develop his own form of order, while approving it with his own regulations.

We suggest you read: Termination of admission forms

The T-8 form does not provide space for the organization’s seal. The letter of the Ministry of Finance dated February 16, 2016 No. 03-02-07/1/8575 states that it is not necessary to put a seal on the internal orders of the organization. On his own form, the employer can provide a place for the seal, then its imprint is needed.

Is it necessary to draw up such a document?

First of all, it is necessary to understand whether the order to terminate the employment relationship is a mandatory document.

Here you should be guided by Art. 84.1 Labor Code of the Russian Federation. According to its content, termination of an employment agreement (contract) can only be formalized by order of the manager. In this case, the order is the prevailing form of such an order.

Consequently, in all cases when an employment contract is terminated, the employer is required to prepare a corresponding act on his own behalf. It may not be called an order, but it needs to exist in itself in any case.

However, this article does not make any distinction as to the reason for dismissal. Therefore, even when terminating the contract at one’s own request, an order (or a document similar to it) must be drawn up. At the same time, its content must comply with the requirements stipulated by current legislation.

Drawing up an order to dismiss an employee based on his application is the responsibility of the employer. The organization must have at least one official whose responsibilities include working with personnel.

The order can be considered the final stage of dismissal, since it is issued according to the rules established by Article 84.1 of the Labor Code. The date of the order must correspond to the last day of work of the employee wishing to resign. In addition, the employer is obliged:

• coordinate the order with the trade union committee, if there is one in the organization;
• familiarize the dismissed person with it, affixing his signature and the date of familiarization;
• hand over to the dismissed person a copy of the order and a work book with the corresponding entry in it, certified by a seal;
• fully pay for the period of employment, as well as issue all due compensation and payments.

In practice, a situation may occur when on the last day of work an employee is not at work (for example, taking days off from regular vacation). Then it is not possible to familiarize him with the order, about which a corresponding note is made on the original order. A copy can be issued at any time upon his request.

Features of the procedure

The correctness of the procedure in the modern legal field requires compliance with all legal norms. In this case, only the employee can initiate the process of terminating the employment relationship between the employee and the employer on the basis of his decision. The law categorically discourages employers from exerting influence of any kind on an employee. In practice, there are cases of exerting direct, indirect or indirect influence on an employee, namely the following types of influence can be taken:

• Material. Salary cuts, deprivation of bonuses, bonuses, benefits, imposition of fines for fictitious violations;
• Moral. Various types of threats against the employee himself, his family or others;
• Psychological. Creating a sharply negative psycho-emotional climate in the team.

The registration of the procedure is based solely on the employee’s voluntary decision to terminate the employment contract with the employer. The basis for dismissal in the order must be a mandatory clause.

https://youtu.be/YhGOVM1Vn5A

The transfer of cases

When parting with an employee, you need to think about the people who remain and who will share the workload of the person being dismissed. If an employee leaves after completing all his business, the employer only has to issue a regulatory document, issue an employment certificate and pay off his former employee.

It’s another matter when a person writes a statement and leaves without finishing what he started. By law, the employer has two weeks to organize the process of transferring the affairs of the dismissed employee. For this purpose, the employer needs to issue an order on the transfer of cases upon dismissal:

• deadlines for transferring cases;
• responsible persons who will take over unfinished business from the dismissed person.

The form of the order is free, the goal is to prevent organizational disorder, so that the remaining employees know and understand what tasks and functions they will have to complete for their former colleague.

How to fill out an order?

The principles for drawing up orders for the personnel of an organization are the same for any cases: hiring, personnel movements, dismissal, etc. Let us list the mandatory details for a dismissal order and clarify what wording should be present in the basis:

• full and abbreviated name of the organization;
• the word “Order”, its number and date of preparation. It is mandatory to clarify that this is a document on termination (termination) of the employment contract;
• indication of the details of the contract that is subject to termination;
• the wording “dismiss” and the date of the dismissed person’s last day of work. In the line “Terminate the employment contract” is filled in if a fixed-term contract was concluded with the employee; in this line you must indicate the date of its conclusion;
• complete information about the employee indicating his full name, personnel number, department and position;
• the basis for termination of the contract must include information that it occurs at the initiative of the employee with reference to the Labor Code, in particular paragraph 3 of Article 77;
• then the basis for issuing the order with the details of the citizen’s personal application is indicated;
• The document is completed by the signature of the manager, the dismissed employee with the date of familiarization, as well as agreement with the trade union cell.

After issuing an order to terminate an employment contract, its details are the basis for making a corresponding entry in the work book of the dismissed person.

We invite you to familiarize yourself with: Characteristics from the place of residence - form and sample writing

Receiving a resignation letter

According to the Labor Code of the Russian Federation, a co-worker, if he intends to quit, is obliged to notify his boss 14 days in advance by registering a statement.

It requires displaying the desired date of the last day of work. It is this date that must be displayed in the order. Therefore, the application must correctly display the date of the last working day.

1. If a person writes in his resignation letter: “I ask you to dismiss me on August 21, 2020...”, then the last working day will be August 20, 2019. Therefore, the date of deduction that will be displayed in the order will be 08/20/2019.
2. If the petition says: “I ask you to dismiss me on August 21, 2019...” (without the preposition “with”), then the last date of work will be August 21, 2019, and this date must be displayed in the order.

To submit a request for deduction, you need to take an A4 sheet and fill it out, either manually or using technical means, and then print out the document.

Handwritten application is preferable, since, in labor disputes, the commission is more loyal to handwritten applications if another method of filing a petition is not accepted at the company.

The application is written in accordance with the rules for preparing official business letters, so its structure should be as follows:

1. In the top block of the sheet on the right, fill in the position, company name and full name. leader. The applicant's details are displayed below (position, structural department, full name and personnel number). In some cases, you can display an email address or contact phone number. Then, the name of the application “Application” is displayed in the center of the line.
2. The text part displays the content of the request, which should be brief and understandable. The petition does not have to show the reasons for the resignation. They can be outlined during an interview with the manager. It is not advisable to use offensive words in the document, as this may harm the person being fired in the future, at a new job. Even if there are conflicting relationships with management, it is better to leave the company with dignity. The most correct and common formulation when drawing up an application is: “I ask you to dismiss me of my own free will.” This will be quite enough.
3. The resignation letter must be submitted 2 weeks before the planned departure. This work is regulated by the Labor Code of the Russian Federation in order for the company to find a new person for the vacancy. By agreement of the parties, the manager can fire a colleague earlier than the date shown in the petition, but the manager does not have the right to oblige him to work longer. At the same time, this period of service gives the colleague the opportunity to think, and he has the right to withdraw his request at any time before dismissal, if his vacancy is not filled by a new invited employee.
4. Upon completion of filling out the form, the applicant’s signature with a transcript and the date of its submission is affixed.
5. The document is sent either to the HR department, if it is a huge company, or, if the company is small, then to the reception. It is advisable to write the request in two copies and on the applicant’s copy, the receiving person must put the date of acceptance of the document, registration number and sign. The further path of the document is the manager’s visa and the preparation by the HR department of the resignation order.

You can watch the video on how to correctly write an application.

( Video : “Form and registration of an application for resignation of one’s own free will - Elena A. Ponomareva”)

On what basis is a dismissal decree issued?

If the employee changes his mind about leaving and withdraws his application, and a regulatory document on termination of employment relations has already been issued, the employer will have to organize work to cancel it.

This regulatory act is subject to repeal by another similar regulatory act of the employer. That is, if there was an order, then it must also be canceled by order. If it is an order, we cancel it by order.

The form is free. The wording is that in connection with the employee’s withdrawal of the application for termination of the employment contract on the basis of Article 80 of the Labor Code of the Russian Federation, such and such a regulatory document must be declared invalid.

When is the best time to apply?

The labor legislation of the Russian Federation regulates the relationship between citizens engaged in labor activities and employers.

In accordance with Article 80 of the Labor Code of the Russian Federation, anyone can begin the process of terminating an employment contract after notifying the boss about the termination of the relationship.

This is necessary so that the company can resolve personnel issues and find another person to fill the vacant position.

The legislation sets a deadline - no later than two weeks in advance, the employee must declare his intention by submitting an application and putting his signature on it.

The period is counted from the moment the boss receives this document, after which the corresponding order will be issued.

It is best to draw up the document a few days after the citizen provides the document, since a person often decides to leave impulsively and soon wants to keep his place.

Return is possible only if another person has not been hired for the position. When the order is drawn up, the citizen must familiarize himself with the document against signature.

According to labor legislation, the contract concluded between the employer and the employee terminates from the moment the person works his last day.

This is true in all cases, with the exception of those moments when a person practically did not go to work, but his place was reserved.

Thus, taking into account all legislative norms and provisions, it is considered appropriate to issue an order on the last working day of a citizen who has submitted an application for resignation of his own free will, since before the expiration of this period the person has the opportunity to revoke the document and continue his employment relationship with the employer.

Form of order for dismissal at own request 2019

The files are available for download and contain both a completed sample and an empty one.

Upon dismissal, it is necessary to make calculations based on the days of the next vacation that were taken in advance or remained unused. This is not reflected in the order, but is entered into the calculation note in the T-61 form. Based on the information specified in this document, the final settlement is made with the dismissed employee.

But a settlement note is not an order for the organization; issuing an order signed by the manager is mandatory. Only on its basis the accountant has the right to accrue or withhold cash payments to the employee.

Information about the final calculation (calculation of compensation for unused vacation days or deduction for days taken off in advance) can be stated in a separate order or added to Fort T-8.

The order must be completed from top to bottom, starting from the header of the document. Here, first the full name of the company is indicated, and then in the right table - its number according to the OKPO directory.

Next to the name of the form there are empty fields - the number and date of execution of the order are entered in them. This information will need to be used to register the order in their accounting journal.

Further, the document reflects information about the employment agreement concluded between the parties. You must enter its number and date. Next, the date of dismissal is indicated - as a rule, the last working day is chosen as such if an order for dismissal at one’s own request is issued.

Next in the form you must indicate your full name. employee, the name of the unit in which he worked and the name of the position for which he was assigned.

The next step is to record the reason for the employee’s dismissal in the order. When making this entry, you must ensure that the text completely matches the corresponding article from the Labor Code. The article number must be written down.

In the “Grounds” field, you must write down the designation of the document on the basis of which the decision to dismiss was made. So, if he dismisses at his own request, this is the employee’s statement, if by agreement of the parties - the details of the signed agreement, etc.

After filling out all the fields, the application is transferred to the manager, who must put his signature, date and transcript. Next, the order is transferred to the employee, who must familiarize himself with it and record this by affixing a signature. If the company has a trade union body, then information about its opinion is recorded in the column at the end of the document.

This form is usually used when it is necessary to formalize the dismissal of several people at once. At the top of the document is the name of the company, and on the right in the table is its code according to the OKPO directory.

After this, next to the name of the form, its number and date of registration are indicated. Using this information, it will be necessary to register the document in the order book for the enterprise.

Next is a table in which information about resigning employees is entered. Filling out data is carried out according to the principle “One employee - one line”. You cannot skip rows in a table.

Filling out the columns should be done according to this principle:

• No. 1 - Full name the dismissed employee;
• No. 2 - personnel number assigned upon admission;
• No. 3 - name of the unit;
• No. 4 - position designation;
• No. 5, 6 - information about the concluded employment agreement, its date and number;
• No. 7 - day of dismissal;
• No. 8, 9 - information about the document serving as the basis for dismissal;
• No. 10 - employee’s note on familiarization. He must put a date and signature here.

After filling out the document, the manager signs it and puts the date on it. At the bottom of the order there is a column in which it is necessary to enter information about the opinion of the trade union, if such a body has been formed in the company.

Let's look at how to correctly draw up an order to terminate an employment contract with an employee using an example. It should be borne in mind that incorrectly filling out the form may lead to labor disputes in the future, which will have to be resolved in court.

• in the upper part, in two tabular columns, the order number and the date of its preparation are entered;
• Below is information about the termination of a fixed-term employment contract (first field), or about the date of dismissal under an open-ended employment agreement in the second field, with unnecessary items crossed out;
• last name, first name, patronymic and personnel number of the employee indicating the structural unit, position and qualifications;
• grounds for termination of labor relations with reference to an article of the Labor Code of the Russian Federation;
• documentary basis for termination of the employment contract, for example, an employee’s statement, a memo from the head of a structural unit, a medical certificate or conclusion, etc.;
• signature of the head of the enterprise;
• signature of the dismissed employee confirming familiarization with the executed order;
• if the enterprise has a trade union body, then the order must contain a reference to its reasoned opinion, for example, when dismissing an employee on the initiative of the employer (a controversial situation arises), indicating the number of such a document and the date of its consideration.

We invite you to read: Letter to the tax office about lack of activity - sample 2020

The sample filling will allow you to avoid mistakes when drawing up an order to terminate an employment contract with an employee.

At the top we indicate the name of the organization. The order is assigned a number and a date is set - the last day of work.

Next indicates the number and date of conclusion of the employment contract and the date of dismissal.

Data is taken from the employee’s personal card: the employee’s full name, personnel number, position and department in which he worked.

In the line “grounds for termination” the article of the Labor Code is written, which is used as the basis for dismissal. When dismissal due to reduction, clause 2, part 1, article 81 of the Labor Code of the Russian Federation is indicated.

The line “basis document” indicates the document that served as the reason for drawing up the dismissal order. Most often this turns out to be a statement from an employee.

The order is signed by the head of the enterprise. The dismissed employee reads the document and puts his signature and date.

To organize personnel records in a company, beginner HR officers and accountants are perfectly suited to the author’s course by Olga Likina (accountant M.Video management) ⇓

An example of filling out the T-8 form

When drawing up a form in the T-8 form, first of all you need to enter the full name of the organization in which the citizen worked. In this case, the organizational and legal status is indicated.

Then, its number is entered, which is established in accordance with the rules and regulations in force at the enterprise.

It is drawn up on the last working day and is immediately provided to the citizen for review and signature, after which it is necessary to hand over all types of documents, including a diploma and work book.

The next paragraph indicates the date of conclusion of the employment agreement, especially if it was urgent.

Otherwise, the line should be left blank. Only the following item is filled in – the full name of the person being dismissed from the position.

A sample order for dismissal at one's own request is available.

The second part indicates basic information about the employee and the reason for dismissal. The following must be entered:

The basis for issuing the order is the document on which the contract is terminated and the dismissal occurs.

Most often, such a basis is an application, however, other papers can also be submitted, for example, an official note, a doctor’s certificate or a summons to the military registration and enlistment office for those liable for military service.

At the last stage, when drawing up the order, the signatures of all parties to the agreement are affixed.

When the HR employee or accountant enters all the data into the document, it must be submitted to the director of the enterprise for approval, and only after that can it be recognized as valid.

Only after the form is signed by the director of the company should it be handed over to the employee for review.

An appeal against the order in court is possible if the document does not contain the employee’s signature.

If there is a trade union body at the enterprise, then it is necessary to additionally put its mark on the form.

After the form has been drawn up, it is necessary to ensure that there are two copies of the document, one of which is transferred for storage to the enterprise archive, and the second is sent to the accounting department, where the final payment to the employee will be made.

If the person being dismissed was a financially responsible person, then a certificate is attached to the document confirming the absence of any claims.

At the request of the employee, you can receive a copy of the company’s internal documents, if they are related to work activities - orders for transfer to another place, for employment.

These papers are issued to the employee within three days from the date of submission of the application, and copies made must be signed by the director.

Video: on this topic