Moving to another city or country in the modern world is already commonplace. As a rule, this event is associated with dismissal from work, since the geography of relocation can be very wide. Moscow or the Far East may be waiting for those leaving, this is especially true for employees in the military or government service and their loved ones. Advice and consultation on this issue are presented in this article. Let's consider what important points need to be taken into account. Dismissal due to a change of residence is considered as termination of the employment contract at the initiative of the employee, except in cases where the move is proposed by the employer.
Moving at your own request
If dismissal due to a change of residence occurs on the initiative of the employee, he must make an announcement by contacting the employer with a statement of resignation of his own free will. Since relocation is a valid reason for terminating the employment contract and it is impossible to continue working in the old place, the employee is fired on the date specified in the application. The inability to work the two weeks required by law must be confirmed by the person moving with supporting documents (tickets, etc.). Therefore, there is no need to hide that the termination of the employment contract is associated with departure. The application is drawn up in any form; you can also indicate your future address and contact phone number as evidence.
Sample application for voluntary leave
What is the procedure for dismissal due to relocation?
Leaving your current job due to moving to a new place of residence is an option for voluntary dismissal. However, the fact of changing the territory of residence may become a valid circumstance that reduces the time that will have to be worked until the day of termination of the employment contract. Moreover, the employer may decide to part ways with the employee one day.
Although there is no direct indication of dismissal without work for such situations, part 3 of Art. 80 of the Labor Code of the Russian Federation provides the conditions under which the employer must terminate the employment relationship within the period specified in the employee’s application. Such circumstances include:
- Admission to an educational institution;
- Reaching the age for granting a pension;
- Violation of labor legislation by the employer.
In this case, the employer must dismiss the employee without working. Also, dismissal due to the transfer of the employee’s spouse, who is a military serviceman, to another region does not require a two-week wait.
The relocation of the employee himself or the transfer of his spouse to another region, although it will be a valid reason, is not an absolute reason for canceling the work.
In order to make it easier to agree with the employer on shortening the two-week period established by the Labor Code of the Russian Federation, it is necessary to indicate the existing special conditions in the resignation letter.
Transfer of a spouse to serve in another area
If an employee resigns due to the transfer of a military spouse to another locality, this circumstance must be indicated in the application and reflected in the dismissal entry in the work book. In this case, dismissal also occurs on the date specified in the application, without the obligation to work the two weeks required by law. As evidence, a certificate is provided as required by Order of the Ministry of Defense No. 265 dated July 11, 2002. The employer must provide the necessary documents for the employee to receive severance pay in the amount of an average two-month salary. The benefit is paid from the funds of the Ministry of Defense of the Russian Federation.
Sample letter of resignation due to transfer of spouse
How does dismissal due to relocation occur?
Since it was already indicated above that leaving work due to a change of place of residence falls into the category of dismissal of one’s own free will, the employee does not need to take any special actions. In general, the whole process can be divided into the following stages:
- Write a letter of resignation indicating the desired last working date and submit it to the employer;
- Obtain consent to accelerated termination of the contract or refusal to do so;
- Issue a bypass sheet;
- Work out the notice period for dismissal (2 weeks) if it was not possible to agree on early termination of the relationship;
- Transfer the cases and familiarize yourself with the issued dismissal order;
- Receive documents and all outstanding wages on the last day of work.
It is better to secure the agreement reached on early termination of work in writing, in the form of a manager’s resolution on an application.
The relocation of a company to another city is not considered as an acceptable case for dismissal due to the employee’s departure to another region. In this case, the employee is offered a job in another city or other vacancies remaining at the company’s old address. If the employee refuses, the employee is dismissed due to the impossibility of moving to a new place of work. However, this is a completely different article for dismissal.
How to write an application in connection with relocation?
As a rule, companies already have prepared templates for most applications, which are given to the employee to fill out, in order to minimize errors and inaccuracies. Despite this, it can be stated that there is no legally established application form for dismissal due to a change of residence. In this regard, it can be drawn up arbitrarily, but with the obligatory observance of the following rules:
- The identification data of the organization and employee is indicated in the upper right part of the sheet;
- The contents indicate a valid reason for shortening the period of service and the required date of dismissal;
- At the bottom, the date of writing must be placed on the left, and the signature of the employee on the right.
It is important to indicate the specific day of dismissal without the prefix “with”, which can be interpreted in two ways. This way you can avoid possible misunderstandings with the employer.
The application is submitted in person, through the manager’s secretary or by registered mail with notification. You can attach to it (but the law does not formally require this) copies of documents confirming the forced nature of the severance of the employment relationship. It is acceptable for these to be:
- Copy of passport with new registration;
- Travel tickets;
- An order to transfer a spouse to a new workplace;
- Referral of a close relative for long-term treatment to another place.
This is important to know: Notice of dismissal due to liquidation
Spouses of military personnel who are transferred to another location, along with the application, provide a certificate of change in the husband’s deployment.
How is a dismissal order and work book drawn up?
Expert opinion
Lebedev Sergey Fedorovich
Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.
If the application indicates all the details of the employee’s departure from the company, including the reason for departure, then this information is not indicated in the order and work book. In these documents, a record of dismissal is made of one's own free will, but with reference to special circumstances.
Example. The employee decided to leave the company due to the transfer of her husband to another location, then the entry in the work book will look like this:
“Dismissed at her own request due to her husband’s transfer to work in another locality, paragraph 3 of Article 77 of the Labor Code of the Russian Federation”
- Work book;
- A certificate of the employee’s earnings for the last 2 years;
- Extract from SZV-STAZH and information from the SZV-M form;
- Certificate of calculation of insurance premiums.
At the request of the employee, upon his written application, other documents related to work are also issued within 3 days from the date of receipt of the request.
What payments are due upon dismissal due to relocation?
The law requires full payment of the amounts due to the employee on the day of his dismissal. The employee must be paid:
- Amounts for hours worked during the month of dismissal;
- Premiums, bonuses, additional payments and other incentive payments are provided for by local regulations;
- Compensations established by the collective and labor agreement, including amounts for unused vacation;
- Sick leave pay if incapacity for work occurs within a month from the date of leaving the company.
For cases of dismissal due to the transfer of a spouse to a military unit in another region, his wife is also entitled to payment on the basis of Order of the Ministry of Defense dated July 11, 2002 No. 265. However, it is made from budget funds and only requires the company to issue the spouse a certificate of average earnings.
Relocation at the initiative of the employer
Reliable, experienced personnel are always valued, and sometimes the initiative to change the area or place of work comes from the employer. If he invites the employee to move, terminating the contract at the current place of work, then dismissal due to a change of residence will be interpreted as a severance of the employment relationship at the initiative of the employer. In this case, there are obligations that the employer must undertake (Article 169 of the Labor Code of the Russian Federation). The receiving party must provide free relocation for the employee and his family, transportation of property, and settlement in a new place. There is a special procedure for the exchange of documentation between the dismissing and accepting employers in order to guarantee employment for the dismissed employee. The procedure and amount of payments are discussed in each specific case and recorded in writing.
A standard dismissal order is drawn up in form T-8
Procedure for registering dismissal
- The employee writes a statement, indicating as a reason the move or transfer of a spouse to a new place of duty, or gives in writing a negative response to the employer’s proposal to change his place of residence in connection with the relocation of the company itself.
- Standard 14 days of work, except in cases where the move is urgent (documentary evidence is required for this) or there are circumstances that make it impossible to continue working (studying at a university, retirement).
- The employee must be familiarized with the order of his dismissal and must sign it. He should make sure that the reasons and date of dismissal are formulated correctly.
- Collecting signatures on the employee's worksheet.
- Final payment on the last day before dismissal and issuance of a work book.
- Issuance of a certificate to the dismissed employee in the form of 2-NDFL and in form 4-FSS.
Entry in the work book
In most cases, when a dismissal occurs due to a move to another city, a standard entry about dismissal at the request of the employee is made in the work book, which is used to take into account the length of service.
When an employee resigns due to the transfer of a spouse to serve in another locality, the following entry is made in the work book:
General information
In accordance with the Labor Code, the employment of a citizen is carried out in a certain order. That is, an order is issued, a work book is taken for recording, and the employee begins to perform his duties on the basis of an employment contract.
This is important to know: A serviceman’s report on dismissal at the end of a contract: sample 2020
As soon as a citizen decides to terminate the employment relationship or the employer does so, the entire dismissal procedure must be properly formalized.
If this is a fixed-term employment contract, then the person is automatically fired upon expiration of the document.
The dismissal procedure becomes simple - a person submits an application in the established form, management signs it.
The specialist has the right to independently ask for termination of the employment relationship, but by warning him in advance - 2 weeks in advance.
If the employer does not mind, then the employment relationship has the right to be terminated earlier than the stated period.
When the period expires, the employee stops fulfilling his obligations, receives a work book and payments. Dismissal at will is accompanied by an order. During two weeks of work, the employee has the right to withdraw his resignation letter.
Dismissal is possible at the initiative of not only the employee, but also the employer. The reasons for this could be:
- staff reduction;
- violation of labor regulations;
- change of management and liquidation of the company;
- violation of the terms of the contract or failure to fulfill obligations.
But the employer must fulfill the following requirements:
- The grounds for termination of employment relations are specified in the Labor Code. Before dismissal, there must be disciplinary action or a reprimand, and only then dismissal.
- All grounds are supported in writing and documents.
- A minor can be dismissed before the document expires, but only if there is consent from the guardianship and trusteeship authorities.
- The company must comply with the deadlines established by current legislation.
- It is obliged to pay compensation payments and provide guarantees.
Is working for two weeks required?
According to generally accepted rules, documentation of this nature must be transferred to the management of the company in a timely manner.
The standard notice period for termination of employment is two weeks.
It is 14 days before dismissal that the employee must prepare a corresponding application.
In the case when this action is associated with moving to another area, it is necessary to adhere to similar established rules.
If the person who is resigning holds a management position, the application must be written one month in advance. If the employee is on a probationary period, this period is reduced to 3 days.
It is important to note that the standard two-week work period is counted from the day following the day the application is submitted. For example, if a document is submitted to management on June 15, the countdown of two weeks begins on the 16th of the same month.
How to write correctly?
Termination of an employment relationship at one's own request due to moving to another city is formalized in a standard manner.
HR department specialists prepare an order drawn up according to the unified T-8 form.
The corresponding marks are placed in the worker’s personal card and his work book.
The employee, in turn, is required to fill out an application. Its compilation does not involve any difficulties.
There is no need to adhere to any strict rules when writing it. It is best to complete the application manually rather than by printing.
The following points must be reflected:
- date of application;
- information about the recipient of the document - company name, position and initials of the manager;
- information about the employee - his name and position;
- document's name;
- indication of the immediate request - the date of the desired voluntary dismissal, the reason. In this case, that means moving to another city. If possible, you should indicate the circumstance that prompted the move;
- applicant's signature.
If there are documents confirming the need for relocation, they should be attached to the application, and a note about their presence should be made in the document.
For example, this could be a certificate of enrollment in a university.
resignation letter of one's own accord due to moving to another city - word.
resignation letter due to relocation without working for two weeks - word.
With working out:
Without working two weeks:
Legal basis
Content:
According to the norms of the Labor Code of the Russian Federation, any citizen has the right to leave a vacancy on his own initiative. This norm is prescribed by Art. 77 TK. The specifics of such deductions are regulated in Art. 80 Labor Code of the Russian Federation. The first part of this article notes that the employee is obliged to notify the company management of his intention to resign no later than 14 days in advance by registering the petition in writing. This means that the employee, after submitting a request for release from work, is obliged to work for this time until the date of dismissal. An exception may be an agreement with management, thanks to which you can either reduce this period or quit without working. This period of service is provided to the management to find a replacement for the employee, as well as to give the dismissed person time to think about his decision, which he can cancel during the period of service.
A complete list of legislative acts used when dismissing an employee is shown below:
- Art. 77 of the Labor Code of the Russian Federation reflects the main grounds for severing labor relations.
- Art. 78 of the Labor Code of the Russian Federation regulates the possibility of terminating an employment contract by agreement of the parties.
- Art. 79 of the Labor Code of the Russian Federation regulates the specifics of the breakdown of cooperation.
- Art. 80 of the Labor Code of the Russian Federation reflects the possibility of terminating a contract at the will of a subordinate.
- Art. 81 of the Labor Code of the Russian Federation regulates the grounds that grant the employer the right to break off relations with a subordinate.
- Art. 84 of the Labor Code of the Russian Federation regulates the rules for filling out a work book, including when expelling.
- Art. 140 of the Labor Code of the Russian Federation displays the types of accruals due to a dismissed person if he leaves by personal will.
Is it possible to resign of your own free will when leaving for another city?
There are situations in which an employee may not work for 2 weeks before terminating the employment agreement. These include cases reflected in labor legislation.
For example, an employee is exempt from such obligations under the following conditions:
- retirement;
- receiving serious occupational diseases;
- studying at a university, etc.
Moving to another city is a reason for dismissal, in the event of which the employer is not obliged to release the employee from working for two weeks.
It should be taken into account that the manager can take the initiative independently. By mutual agreement of the parties, you can resign without working off.
This is important to know: How to challenge dismissal under an article
To resolve such issues, employees can contact higher authorities. As practice shows, in most cases, specialists side with the employee and allow dismissal on the day the relevant application is submitted.
