The main document of a citizen, confirming the length of his career, is a work book. Therefore, specialists from the personnel department and heads of organizations approach its filling with special attention and caution. In addition, at present, the issue of making entries in the labor market is becoming increasingly relevant. How to fill out this document if a person leaves the organization on his own initiative? What article should I indicate in the labor book? More details about all this will be discussed in this article.
Highlights
So, the person decided to leave the organization on his own initiative. To do this, he must provide the head with a letter of resignation at will. On the last day of the subordinate’s performance, he needs to pay all the money he has earned and hand over the labor with a note of dismissal. This is the order.
When leaving the employee of his own free will, the entry in the labor should be as follows:
"Dismissed by _________", paragraph three, part one, article 77 of the Labor Code.
Specialist _______________ (signature and transcript)
It must be pointed out that when making entries in this document, no reductions are allowed.
What is important to know?
The termination of official relations at the initiative of the employee himself is considered the most traditional basis for dismissal. Nevertheless, despite the simplicity of paperwork, HR specialists always have some difficulties in filling out work books. Therefore, it is important not to make mistakes so that you do not have to correct them later.
Despite the fact that the dismissal of an employee at his own request or on the initiative of a subordinate is one and the same, article 80 of the Labor Code of the Russian Federation is never indicated in the labor law. Otherwise, it will be wrong. If, the employee quits of her own free will, the wording of the entry in the labor should be of the following content:
"The employment contract was terminated at the initiative of the employee" on the basis of paragraph _____, part _____, article _______ of the Labor Code.
Then, the signature of the person who made the entry in this document (personnel inspector or manager) is put. The employee must also sign.
It is also necessary to indicate that if a specialist in the personnel department decides to leave the company of his own free will, an entry in the labor book of the latter should be made by the head himself or another employee endowed with such powers on the basis of the issued order.
Additionally
So, within the meaning of Article 80 of the Labor Code of the Russian Federation, an employee must warn his boss about the desire to terminate his official cooperation fourteen days before the expected day of termination of official relations. This is the order. Sometimes it happens that a person is simply forced to leave the enterprise, because life circumstances are so formed. For example, military wives “quit on their own” in cases when their spouses are transferred to service in another locality. This is reflected in labor only when a woman submits a document confirming this fact to the personnel department.
What is regulated?
When dismissing a subordinate of his own free will, an entry in the labor, made by a specialist, must comply with all the requirements of existing, normative acts. First of all, to the main collection of laws, which regulates relations between the employer and the employee, i.e. Labor Code of the Russian Federation. After all, records of the termination of official relations must be entered into the labor only taking into account the requirements of this code.
In addition, when filling out this document, you must be guided by the "Instructions for filling out work books". The specified normative act was approved by the Ministry of Labor in October 2003. The record of dismissal is entered only in the column "Information about the work." After the official of the organization performs this action, you must put the seal of the organization below.
Decor
Regardless of the reason for the termination of official relations with an employee of the organization and even if he leaves the company of his own free will, an entry in the workbook is made only after the order to dismiss the subordinate is issued. This order is drawn up in accordance with the T-8 form, then approved by the head of the company and signed by the employee.
It is also necessary to indicate here that the specialist of the personnel service must follow the rules for filling out the work book. When a citizen is dismissed on his own initiative, this entry will look like this:
____ (employment record number) The employment contract is terminated _________ (indicate why this happened, for example, at the request or initiative of the employee), paragraph _____, parts _______, articles _____ of the Labor Code (you must write in full, without any abbreviations).
Position ____________ (only of the person entrusted with the power to make entries in this document) ______________
Surname, initials and signature of the last ____________________.
Organization seal ___________
A little about the main thing
Despite the fact that the Labor Code has been operating in our country for many years, many managers and specialists of personnel services still have not learned how to correctly enter the necessary information into the work books of employees. Unfortunately, but the most serious errors in this document are found only by inspectors during inspections.
Sometimes some experts make references to Article 80 of the Labor Code, and this despite the fact that this norm only regulates the termination of official relations between the employer and his subordinate at the request of the latter. In turn, the basis here is the norm of Article 77 of the Labor Code.
Application Procedure
All information about the official activities of a citizen must be recorded in his labor or insert to it. Only in this case, the personnel specialist will be able to correctly calculate his experience.
Information about the beginning of work in this organization and the dismissal from it must be entered into the labor. This must be remembered. When leaving the company of their own free will, an example of a job entry will look like this:
____ (entry number) "The employment contract was terminated by ________", paragraph three, part one of the article ______ of the Labor Code _________ (the column is indicated next to) ______________ order, its number and number of publication.
The position of the person who made the record _____ (surname and initials), his list.
Seal of organization.
After the citizen has received his labor in his hands, he must sign the employee’s personal card. It is necessary.
If a person is absent from the workplace that day or simply refuses to get his job, then a personnel specialist should draw up an act. This document is signed by two witnesses.
Notification direction
So, in the event that on the last day of the employee’s activities the employee is not in place, (for example, he is on sick leave), the manager must send him a registered letter requesting that the citizen come to the enterprise and pick up the “labor” or give consent to have this document mailed to him.
From the moment of sending such a notification to the subordinate, the head is exempted from sanctions associated with the late issuance of labor.
rules
In the first column, in the section "Information about the work" you need to put the record number. Because numbering in this document is considered mandatory. In the case when the entry for employment at the enterprise was made under number 6, the next entry will be under No. 7. No amendments should be made.
Then, in the second column, you must specify the date of termination of official relations (indicated on the basis of the issued order). You need to write strictly in numbers, for example: 00.00.00 of the year.
In the third column, you need to indicate for what reason the termination of official relations with the employee occurred, with reference to the rule of law (for example, paragraph ____, part ____, articles _____ of the Labor Code were dismissed on __________). It could very well be a voluntary dismissal. The order number must be placed in the fourth column. It is written there (a document on the basis of which a record is made). For example, order from 00.00.00 of the year No. _____.
Then the director, or the employee responsible for filling out the work books, sets up his position, painting and transcript. For example: HR specialist (signature) _________ (Surname and initials).
The employee signs below. And also, like a personnel specialist or director, he writes his full name and initials in full.
After that, the company stamp is placed.
Interesting
It should also be noted that the termination of the employment contract at the initiative of the employee (at his own request) is considered the simplest and at the same time quite complicated in terms of compliance with all formalities. After all, first, a subordinate is obliged to notify his boss that he wants to leave work. To do this, the latter must write a statement and take it to the personnel department or immediately to the head. Then the period of two weeks begins, which is necessary so that the employee once again thinks about his decision, and the boss can find a replacement for the leaving employee. On the last day, the subordinate must sign the order for his dismissal, then the labor one and get her in her arms. In addition, do not forget that all documents related to work (including a statement of income) at the request of the employee must be issued to him within the specified time.
It is also necessary to add here that the wording in labor in this case may be as follows:
- fired _____________________.
- employment contract terminated _____________.
The reason for the employee to leave the organization should be written as it is fixed in the law (on the initiative or at the employee’s own will).
What happens in practice?
Due to the fact that specialists in human resources services of many institutions and organizations are not competent enough in matters of legislation and do not always correctly record in the "labor" employees of enterprises, many citizens have difficulties when applying for another job, in obtaining various benefits, and even in appointments pensions. Unfortunately, this happens quite often now. Indeed, many experts do not try to comply with the "Rules of maintaining and filling out work books". Subsequently, the mistakes made lead to the fact that existing records have to be canceled and new ones added. In particular, this applies to reductions in work books, which, according to the norms of the law, should not be present at all. For example, instead of the order - “etc.”, the order is replaced by “distribution.” The word is fired by “uv.” Also, the reason for dismissal is not always legibly written.
Therefore, even when leaving the organization of their own free will, the correct entry in the labor will be the key to the success of the fact that a person will be hired for another job at that enterprise, where he gets a job without any questions. In this case, the reason for the dismissal will be clear and understandable. Thus, each person receiving a work book must carefully study all the entries in it and check that there are no abbreviations in the document.
Finally
The legislation establishes the procedure for dismissal at will. The articles of the Labor Code once again confirm that when a citizen leaves the enterprise, the head of the company must hand over to the latter his labor documents related to official activities in the organization and pay all the money. If the subordinate was not on vacation, then he must transfer compensation for the unused period of rest. All these actions to the boss must be completed on the last day of the person’s performance at the enterprise. Otherwise, the manager cannot avoid fines and litigation.