Termination of employment relationships can occur for a variety of reasons.
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Regardless of the reason for which the employee will be dismissed, the law establishes the time frame during which one of the parties is obliged to notify the other participant in the labor relationship in advance about the upcoming termination of the employment contract.
basic information
Any legal relationship in the Russian Federation is regulated by relevant regulatory legal acts. Labor legislation is aimed at regulating the relationship between employee and employer.
Depending on who initiated the upcoming dismissal, the law establishes the obligation to give advance notice of this.
If the initiator of dismissal is the employer, then, accordingly, he is obliged to warn the employee.
In situations in which the employee plans to resign of his own free will, the employer must also be notified in a timely manner so that the termination of the employment relationship occurs in strict accordance with the requirements of labor legislation.
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Procedure for notice of dismissal
An article of the Labor Code of the Russian Federation provides for the possibility of an employee to terminate an employment contract on his own initiative. The same norm establishes the obligation to promptly notify the employer of the intention to terminate the employment relationship.
As a general rule, an employee must submit a written resignation 14 days before the actual date of termination of employment.
In common parlance, this period is understood as mandatory service. The law provides for the possibility for the parties to agree on the dismissal of an employee on a date convenient for him, if at the time of filing the application there are no compelling reasons why the employee cannot be immediately dismissed.
It is important to note that during the two-week work period, the dismissed employee still has an employment relationship with the employer and undertakes to fulfill job duties.
At the same time, the law allows you to write an application for another vacation with subsequent dismissal. Thus, the employee is actually released from the obligation to be at work, and after a two-week period can count on receiving the due payments and a work book.
If the resignation letter was written with the preliminary provision of leave, the employer undertakes to make the final payment on the last working day before the leave.
Dismissal at your own request
An employee has the right to apply for dismissal during a period of temporary incapacity for work. A situation may also arise when the previously agreed upon dismissal date falls on the sick leave period. In this case, the employer will formalize the dismissal on the day specified in the resignation letter, provided that the employee has not withdrawn this application. The employer does not have the right to independently change the date of dismissal.
After the resignation letter is submitted to the personnel service, a dismissal order is drawn up. Typically, a unified form of such an order is used (form No. T-8), approved by Resolution of the State Statistics Committee dated January 5, 2004 No. 1. The order must make reference to clause 3, part 1, article 77 of the Labor Code of the Russian Federation, and also provide details of the employee’s application. The employee must be familiarized with the dismissal order against signature. If the order cannot be brought to the attention of the dismissed person (he is absent or refused to familiarize himself with the order), then a corresponding entry is made on the document.
Deadlines
Depending on the grounds on which the employment contract will be terminated, it is important to distinguish how much notice must be given of dismissal.
Procedure for prior notification:
- dismissal by agreement of the parties - the employee and employer agree on a convenient date for termination of the contract;
- dismissal from a probationary period - the employee must notify the employer 3 days in advance;
- fixed-term contract - the employer is obliged to notify the employee 3 days before the expiration of the agreement;
- seasonal work - the contract terminates at the end of the season during which the employee performed work duties.
Thus, it is seen that the Labor Code of the Russian Federation clearly regulates the time limits for how long an employee must give notice of dismissal.
Management staff
The notice period for dismissal, when the termination of employment relations occurs on the initiative of the management of the enterprise, is divided into several types depending on the circumstances of the termination of official powers. Thus, the legislator identifies the following types of warning terms:
- 3 days;
- 1 month;
- 2 months.
The employee is warned three days in advance about dismissal in cases where the applicant was assigned a probationary period and did not pass it, that is, after the labor test had expired, a decision was made not to renew the contract. Also, upon expiration of a fixed-term contract, the employee must be notified of this at least three calendar days before the appointed date. If management wishes to continue the employment relationship with the employee, then there is no need to issue a warning.
If an enterprise switches to a procedure for filling vacancies on a competitive basis due to the bankruptcy of the company, then the main staff is reduced, for which notice is given one month in advance.
In all cases related to the termination of the activities of a legal entity, reorganization, reduction in the number of employees or the elimination of specific positions, it is necessary to stipulate the prospect of termination of the contract at least two months in advance. The counting day for this term will be the day the employee receives an official warning.
In addition, in some cases, the company's management should also warn the trade union. On a general basis, two months are allocated for a planned reduction in the number of employees and three months for mass layoffs due to changes in the company’s production volume.
Exceptions
The generally accepted notice period for an employer when voluntarily resigning is two weeks. However, the law provides for grounds for terminating an employment contract, for which advance provision of information is not required.
Exceptions:
- the employee has reached retirement age - in this case, there is no need to write a letter of resignation in advance. Moreover, the law allows the new pensioner to continue the employment relationship with the employer;
- in case of partial or complete loss of legal capacity by the employee;
- if the employee was dismissed at the initiative of the employer under disciplinary provisions;
- termination of labor relations due to the death of an employee;
- due to circumstances beyond the control of the parties - the employee moves to another place of residence, conscription into the army, enrollment in full-time study at an educational institution.
How much notice must be given of dismissal in case of staff reduction?
Dismissal of employees at the initiative of the employer is a rather complicated procedure, since labor legislation largely protects the interests of workers.
If the enterprise plans to carry out measures aimed at reducing staff, then employees subject to dismissal must be notified at least 2 months before the actual date of termination of the employment relationship.
3 months before the layoff, information must be transmitted to the trade union organization.
Additionally, territorial employment centers must be notified.
Algorithm of actions
A notice of dismissal is given to employees only when the manager issues an order to terminate the employment relationship.
Thus, when signing the order, the boss must indicate the grounds for termination of the contract, a list of all employees who will be affected by the dismissal, the last working day of each of them, as well as the responsible persons who will send notifications and prepare administrative papers. And while the appointed employees are preparing notification documents, the manager sends information about the upcoming dismissal of citizens to the employment service. A mass dismissal must be reported at least three months before the date of termination of the employment relationship, and a single case must be reported two months before.
According to the procedure for terminating an employment relationship, two scenarios can be distinguished: at the initiative of the employee and at the intention of the employer. Each intention of one of the parties must be lawful and supported by documents.
If an employee wishes to leave the organization, an application is drawn up addressed to the head of the organization or an authorized employee. If dismissal is expected at the initiative of the employer, written notices must be given personally to each person.
For timely dismissal, the employee must write an application in the form established by the company, endorse it from the immediate supervisor (if there is one) and submit it to the human resources department, accounting department or personally to the director. It depends on the company’s staff and responsible departments.
If an employer dismisses employees, he must notify them in advance. In case of staff reduction or liquidation of the company within 2 months. If you wish to part with an employee who has not completed the probationary period, 3 days in advance.
Directly on the day of dismissal, the employee must receive wages for the time worked, compensation for the remaining vacation days and a completed work book. Payment of bonuses, salaries and other incentives is made in accordance with the company's regulations, i.e. they may be later.
Who can not warn
The law provides for cases when prior notice of termination of employment relationships is not required.
Exceptional cases:
- receipt by an employee of a summons about the need to join the armed forces of the Russian Federation for military service;
- in case of reinstatement of a previously dismissed employee by court decision;
- when the owner of the enterprise changes, if the employee does not express a desire to continue cooperation;
- if the employee’s health condition, according to the results of the medical commission’s conclusion, does not meet the requirements of the position held, and the employer is not able to offer another job;
- if a conviction against an employee comes into force and he is sent to prison;
- in the event of force majeure circumstances, as a result of which the continuation of labor relations is impossible;
- death of an employee.
Absenteeism
Article 192 of the Labor Code of the Russian Federation provides for the possibility of bringing an employee to disciplinary liability for absenteeism.
Absenteeism means unjustified absence from the workplace during a work shift or for 4 hours. If the above fact is revealed, the employer undertakes to draw up a corresponding act as part of the commission, whose responsibilities include conducting an internal investigation.
An employee has the right to appeal his dismissal if he can prove in court that his absence was due to valid reasons. The law does not contain a clear list of valid reasons allowing an employee to be temporarily absent from the workplace.
Formatting a notification
The Labor Code of the Russian Federation or other regulatory legal acts do not contain a clear requirement for issuing a notification to an employee about an upcoming reduction or dismissal by the employer. The text of the document must display information regarding the employees to be laid off, as well as the date and basis for termination of the employment relationship.
If an employee resigns on his own initiative, then his statement will serve as notification of the upcoming termination of the employment relationship. The application indicates the basis and legal reference to the Labor Code of the Russian Federation, as well as the desired date of termination of the employment relationship, taking into account two weeks of work.
Upon liquidation
Unlike most types of dismissals, especially at the initiative of the employer, dismissal due to the liquidation of an organization is less “severe” and the procedure is more formal. This is due to the fact that all employees are clearly subject to dismissal, including a protected category of citizens. The trade union organization and government supervisory authorities cannot challenge the decision made by the company's management.
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