Hiring, transfer and dismissal

The main population of the country works throughout their entire adult life in organizations, enterprises, and institutions in order to realize their potential and ensure the financial well-being of themselves and their families.

Some manage to change several types of jobs until they find one that would bring moral satisfaction and decent pay.

Everyone who has already been hired or quit a job has an idea that the process itself requires the provision of certain documents, the execution of employment contracts and orders.

For those who have a long career ahead of them, we will tell you the procedure for hiring and dismissing workers according to the Labor Code of the Russian Federation.

All labor relations that may arise between an employer and a hired worker are regulated by the Labor Code of the Russian Federation (LC RF).

Chapters 10 and 11 of the currently valid Labor Code of the Russian Federation cover issues related to the beginning of labor activity and the conclusion of employment contracts, and registration of employment.

Hiring procedure

1. First of all, if there is a vacancy, the potential employee must be familiarized with job responsibilities, the charter of the enterprise, operating hours, and local documents in force in the organization.

2. If the person who wants to get a job is satisfied with everything, he believes that he can cope with the responsibilities, a job application is written addressed to the manager.

3. An employment contract is concluded with the future employee (Article 67 of the Labor Code of the Russian Federation), the document is signed in two copies.

One copy remains in the organization’s HR department, the second is given to the employee being hired.

4. Before starting direct work duties, a new employee must be familiarized with safety rules, instructions on labor protection in the workplace and fire safety rules, signed in special magazines.

5. According to Art. 68 of the Labor Code of the Russian Federation, no later than 3 days from the actual start of work, an order for employment must be issued and the newly hired employee must be familiarized with it against his personal signature.

To apply for a job, you must submit the following documents (Article 65 of the Labor Code of the Russian Federation):

• citizen's passport;
• work book (if you have previously worked officially);
• pension insurance policy;
• educational documents;
• military ID for those liable for military service and persons of conscription age; military registration documents.

In some cases, it is possible to provide additional documents.

6. Based on the order, a record of employment is made indicating the position and date of admission.

A personal card is created in the HR department to record changes and additions made to the work book.

Hiring, transfer and dismissal

Dear Colleagues,

We are glad that you have decided to join the RANEPA team!

To apply for employment you need:

1. Provide the Personnel Department with the originals of the following documents:

• Passport or other identification document
• Work record book* (except for cases when the employee goes to work for the first time or on a part-time basis)
• A document confirming registration in the individual (personalized) accounting system (SNILS, electronic notification, etc.)
• Individual Taxpayer Number (TIN**)
• Education documents (diploma, diploma supplement), documents on advanced training
• Documents confirming the award of an academic degree or academic title
• Military registration documents (military ID, registration certificate)
• In case of change of surname, name, patronymic - certificate of change of surname, name, patronymic
• Awards documents
• Certificates giving the right to benefits (Chernobyl NPP, etc.)
• Certificate of disability, individual rehabilitation program for a disabled person (for persons with an established disability)
• Certificate from the main place of work (ONLY for those hired on an external part-time basis)
• A copy of the work book certified at the main place of work (ONLY for those hired on an external part-time basis)
• 2 pcs. photographs (size 3 x 4)
• Child's birth certificate (up to 18 years old)
• A certificate confirming the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds.
• Medical record (if necessary).

* – When concluding an employment contract for the first time, the work book is issued by the Academy. The work book is issued on the basis of an application after paying for the work book form at the Academy cash desk (building 9 room 214) and submitting a receipt for payment to the Personnel Department (building 9 room 600).

** – Absence or failure to submit is not grounds for refusal to hire.

2. In order to comply with the requirements stipulated by Decree of the Government of the Russian Federation of January 21, 2015 No. 29, and in accordance with Article 12 of the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”, we ask you to inform whether You have held a state or municipal service position for the last 2 years.

3. Receive a package of documents to fill out:

• for admission to a scientific position - building 9, floor 6, room. 604;
• for admission to a teaching position - building 9, floor 6, room. 603;
• for hiring engineering and technical personnel - building 9, floor 6, room. 602;
• for recruitment to the position of administrative and managerial personnel - building 9, floor 6, room. 605.

4. If on the date of employment you are under 18 years of age, obtain a referral from the Personnel Department for subsequent mandatory preliminary medical examination at the Academy Medical Center (building 7, 1st floor, reception).

5. Persons subject to mandatory preliminary medical examination in accordance with the Labor Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation must receive a referral for subsequent such examination at the Medical Center of the Academy (building 4, 1st floor, reception ).

6. With a completed job application, go through:

— introductory briefing on labor protection (building 6, room 2070);

— instructions on ensuring the accessibility of facilities and services provided for disabled people (building 3, room 112, tel. 8-495-933-80-52);

— briefing on civil defense and fire safety (building 9, room 2808).

7. Persons liable for military service and subject to conscription for military service visit the Military Registration Office (building 1 room A-122, A-124, tel. 6-93-37) to register for military service.

8. Submit the completed set of documents to the Personnel Department (building 9, room 602-605).

Familiarize yourself with the job description for the relevant position (profession, specialty) and the following local regulations in force at the Academy:

• Internal labor regulations
• Regulations on remuneration of workers (Order No. 02-98 of March 30, 2015, Order No. 02-504 of December 25, 2015, Order No. 02-40 of January 29, 2016, Order No. 02-427 of July 28. 2016, Order No. 02-321 of May 23, 2017, Order No. 02-937 of September 26, 2018, Order No. 02-1340 of December 25, 2018, Order No. 02-626 of May 30, 2019 .)
• RANEPA Policy regarding the processing of personal data (order No. 02-49 dated 02.02.17)
• Regulations on the processing of personal data of employees (Order No. 02-438 of 07/06/2017)
• List of confidential information
• RANEPA Code on the Prevention of Corruption Offenses
• Regulations on intellectual property of the Academy (Order No. 02-158 of 03.21.17)
• Regulations on the video surveillance system at RANEPA (Order No. 02-130 of March 18, 2016)

9. Sign an employment contract.

10. Original documents submitted to the Personnel Department are returned to the owner after they have been copied to create a personal file.

Dismissal from work

Termination of an employment contract at will

An order to terminate an employment contract is issued on the basis of a personal application from the employee.
As a general rule, a resignation letter is submitted to the Personnel Department (building 9, room 602-605) no later than two weeks before the expected date of dismissal, indicating the grounds for termination of the employment contract and the presence of a visa of the head of the structural unit.

ATTENTION, for subsequent employment you will need certificates of income and the amount of earnings for the two calendar years preceding the dismissal. Certificates are issued by the Academy's Accounting Department within three working days from the date of sending the corresponding request (building 9, room 500).

In order to confirm the absence of mutual obligations between the employee and the employer, no later than the day of dismissal, the employee must issue a bypass sheet.

On the last day of work, the employee is paid wages for the time worked, compensation for unused vacation, if he is entitled to one. If the employee did not work on the day of dismissal, the corresponding amounts are paid to him no later than the next day after he submits a request for payment.

On the last day of work, the employee submits a completed bypass sheet to the Personnel Department, reads the dismissal order under his personal signature, and the employee is given a completed work book.

The day of dismissal is considered the last day of work.

Features of termination of an employment contract for other reasons:

Termination of an employment contract by agreement of the parties

An employment contract can be terminated at any time by agreement of the parties to the employment contract. In this case, the order to terminate the employment contract is issued on the basis of the employee’s personal application and a properly executed additional agreement to the employment contract.

Termination of a fixed-term employment contract

A fixed-term employment contract is terminated upon expiration of its validity period. The employee is notified in writing of the termination of an employment contract due to its expiration at least three calendar days before dismissal, except in cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires.

An employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work.

An employment contract concluded to perform seasonal work during a certain period (season) is terminated at the end of this period (season).

Termination of an employment contract in cases of reduction in the number or staff of employees

Employees are notified by the employer personally and against signature of the upcoming dismissal due to a reduction in the number or staff of the organization's employees at least two months before the dismissal.

When an employment contract is terminated due to a reduction in the number or staff of the organization's employees, the dismissed employee is paid severance pay in the amount of average monthly earnings, and he also retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay) .

In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it.

With the written consent of the employee, the employer has the right to terminate the employment contract before the expiration of the term, with the payment of additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal.

What entries should be made in the work book?

The work book is filled out in accordance with Instruction No. 69, approved on October 10, 2003.

A work book is a document that reflects a person’s entire work activity.

On the first page, the employee’s personal data is entered, that is, last name, first name, patronymic, date of birth and information about education.

If the surname is changed, a note is made with reference to the document on the basis of which the new one was given.

All changes related to the work are made in the book itself.

That is, there should be:

• employment records, indicating the name of the organization, job title, date of admission and order number;
• in cases of transfer of an employee to another position, this must also be reflected on the basis of an order and indicating the date;
• the dismissal must be recorded similarly to the wording of the dismissal order and comply with the norms of a specific article of the Labor Code of the Russian Federation, indicating its part, clause, number.

The date and number of the dismissal order are also indicated.

The record is certified by the signatures of the person responsible for maintaining work books, the inspector of the personnel department and the head of the enterprise, and is secured with the seal of the organization.

There should be no abbreviations when filling out.

If an entry is made in error, a note is made below to consider it invalid.

Disciplinary sanctions in the form of comments and reprimands are not included in the work book, while incentives for work and awards of certificates must be reflected.

If a person works part-time, if he wishes, an entry about this can also be made at his main place of work by providing the relevant documents (copies of the order for part-time employment and also, upon dismissal, an extract from the order).

An important point is that if, upon hiring, an employee of the HR department is given five days to make entries in the work book, then upon dismissal it must be filled out on the same day and handed over to the dismissed employee.

If you don’t have a work book?

In the case when a person gets a job for the first time, and he never had a work book, or it was lost under various circumstances (burned out in a fire, lost during a move, a bag with documents was stolen, etc.), this cannot be an obstacle for hiring.

They have no right to refuse employment due to lack of a work book.

According to Art. 65 of the Labor Code of the Russian Federation, he must be issued a new work book at the enterprise upon his application addressed to the manager, indicating the reason for its absence.

What is it for?

The employment regulations are required to be able to carry out the procedure for employing workers according to a unified scheme. The document allows you to avoid the emergence of controversial situations with regulatory authorities and employees.

If during the inspection, violations of administrative legislation are revealed, then punishment is applied to the violator.

The regulation is a type of local regulatory act. It may include items not reflected in the legislation.

It is being developed to capture the nuances that may arise in labor relations. Most often, the regulations reflect clauses on the probationary period that is established for employees.

The features inherent in the personnel selection procedure, the types of agreements, the grounds and conditions included in them are indicated.

When a person gets a job at an enterprise, the employer has the right to demand the provision of additional documentation not reflected in Article 65 of the Labor Code, provided that this is enshrined in the Regulations. In other cases, compliance with the employer's requirements is not necessary.

Conflict-free personnel turnover will occur when the document takes into account the wishes of the inspection body, as well as the trade union.

Dismissal procedure

1. If an employee himself wishes to terminate the employment contract, he writes a statement addressed to the manager of his own free will, taking into account the fact that, according to the provisions of Art. 80 of the Labor Code of the Russian Federation, he will be fired two weeks after registering the application.

Based on labor legislation, an employee must notify the manager at least 14 days in advance of his desire to resign. This time is needed so that a replacement can be found and, in some cases, documents and files can be transferred.

In addition, the person who wrote the application can also change his decision during these two weeks and continue to work.

Dismissal is possible without work, on the day the employee indicates in the application:

• upon reaching retirement age and retiring;
• if it is necessary to move to another area, in connection with the transfer of one of the spouses;
• upon admission to full-time study at higher or special educational institutions;
• upon reaching an oral agreement with the manager or concluding an agreement;
• upon expiration of the concluded employment contract;
• and in other cases when there are good reasons, documented, that the employee can no longer work, or there are norms of Federal laws that are not taken into account in the Labor Code of the Russian Federation.

You will also not have to work for two weeks if the resignation letter is written together with an application for leave with subsequent dismissal, or while already on it, when there are more than two weeks left before the end.

2. At the initiative of the head of the enterprise, an employee will be dismissed in the following cases:

• gross violation of labor discipline;
• inconsistency with the position occupied, identified during the workplace certification process;
• repeated detection of failure to fulfill labor duties, if there have already been disciplinary sanctions, verbal or written;
• in case of loss of trust;
• violations of labor protection requirements;
• and other reasons specified in Art. 81 Labor Code of the Russian Federation.

In all these cases, there must be documented facts.

These include: reports from the immediate managers of the departments where the employee works, minutes of the meeting of the certification commission and explanatory notes regarding violations from the employee himself.

3. For independent reasons, that is, in the event of liquidation of an enterprise, reorganization, reduction of staff and number of employees, first of all, the employee must be warned 2 months in advance about the changes and upcoming dismissal.

If there are vacancies, a transfer to a new position should be offered.

If the transfer is refused, the person is fired with severance pay.

4. In all cases, the person is given a bypass sheet, which, after being signed by all services, he submits to the HR department.

5. An order for dismissal is being prepared with justification and reference to current labor legislation.

6. An entry on dismissal is entered into the work book in accordance with the norms of the Labor Code of the Russian Federation and indicating the article, date and number of the dismissal order.

7. All changes are entered into the employee’s personal card.

8. On the last working day, documents and a full cash settlement of the amounts due for payment are issued.

Translation options

The method of dismissal is selected depending on which party initiated the transfer. Each option requires a specific set of documents, so managers and HR specialists should study the specifics of their preparation.

The contract is terminated by the employee

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

If the employee independently found a new place of work, then most of the hassle of transfer falls on him. The resigning procedure will be as follows:

1. The new employer draws up a letter of offer for transfer, addressing it to the head of the organization from which the specialist is leaving. In the document, he states that he is ready to hire this employee for a permanent job.
2. The notice is delivered to the current organization either by registered mail or personally by the employee.
3. An employee writes a letter of resignation due to a transfer to a new company. An invitation to a new job is attached to it.
4. The current employer endorses the application, and on its basis a personnel order is issued to terminate the employment contract.
5. Then the dismissal occurs in the general manner: the employee is calculated and paid the salary for the last month, compensation for unused vacation, and other benefits provided for by local regulations.

At the final stage, notes about dismissal are made in the work book and personal sheet, which the employee is introduced to upon receipt.

This is important to know: Order on shortened working hours: sample 2021

Dismissal occurs at the initiative of the employer

In a number of cases, company managers decide to seriously reduce the number of employees due to the repurposing of production, a decrease in the volume of output, or the transfer of business to another area.

Mutual settlements between employee and employer

Upon termination of the employment relationship, the dismissed employee must be familiarized with the order against personal signature.

In case of refusal to sign, an act of familiarization with its contents is drawn up.

The employee must sign the bypass sheet and submit it to the HR department for calculation of pay.

He must also hand over all the documentation in his possession and hand over the workstations in proper form.

The employer is obliged to make a full settlement with the dismissed employee on the last day, regardless of the reasons for termination of the employment contract.

A person should receive:

• the required salary for the time actually worked;
• in case of remaining days of unused vacation - monetary compensation;
• in cases provided by law - severance pay.

The dismissed employee must be given the following:

• employment history;
• certificate of average salary for the opportunity to register with the employment center;
• salary certificate for the last two years for accrual of sick leave;
• upon request of the employee, copies of orders for hiring and dismissal are issued.