Termination of employment between an employer and an employee may occur for various reasons. All of them are defined in the corresponding code of laws called the Labor Code. In any case, the process of dismissal of an employee is accompanied by an order issued by the employer. The employee must read and sign it. If he does not agree with the wording or facts that are given in the order, he may refuse to put his signature.
Procedure
The last working day upon dismissal of an employee is the day when the employment contract expires.
Corresponding entries are made in the workbook, in the justification of dismissal, articles and its parts, paragraphs are indicated.
Settlement is made by the employer on this day. In this case, the employee must receive his documents. There are situations when an employee does not come for them. In this case, the personnel department sends him a notice stating information that the work book needs to be picked up. An employee can apply for it later, and the employer must return it to him within three days.
Termination of employment by agreement of the parties
This wording, which is transferred from the order to the work book, is preferable in comparison with the dismissal of an employee of his own free will. This is especially preferable for his unemployment benefits when registering. In this case, it will be formed on the basis of the salary at the last place of work.
To this end, the employee submits an application, where he asks him to dismiss on the basis of Art. 77 shopping mall. The agreement is signed in the absence of mutual material claims by the employer or human resources inspector and employee.
Dismissal due to the expiration of the employment contract
An employee working under a fixed-term employment contract is warned about dismissal 3 days before the expiration of his term. This notice is provided in writing and is delivered either in person or by mail.
Similar contracts may be concluded:
- for temporary performance of duties of permanent employees who are absent for one reason or another - when they exit, the contract expires;
- for a certain amount of work;
- to perform seasonal work - with the end of the season, the employee leaves.
Pregnant women are in a privileged position, since for them the effect of such an agreement is extended until the woman can go on maternity leave.
If employees quit on their own initiative, they must inform the employer at the same time, that is, 3 days before this event.
Employee-initiated dismissal
In this case, the employee submits the application at the moment when he made this decision. However, the last working day for him will come only after 2 weeks, and for the leader - in a month. These terms may not be respected if the dismissal of an employee of his own free will occurs due to the following circumstances:
- he entered a university or other educational institution;
- carries out moving to another locality;
- is a pensioner;
- is a trespasser;
- he may have the right to quit without working (for example, residents of the so-called Chernobyl zones).
As long as the term for the dismissal of the employee approaches, he can withdraw his application. If another employee is not accepted for this position and the vacancy is left free, he may remain to work in this economic entity. When an employee is fired, documents are issued on the last day. At the same time, the final settlement is made with him.
If the employee does not withdraw the application, but no settlement is made with him, then, according to the Labor Code of the Russian Federation, the employee is not dismissed. The application submitted by him loses its force.
In practice, such dismissal is not always carried out at the initiative of the employee. In many cases, the proposal to write such a statement comes from the employer. But such a method is also preferred by those who leave, as this does not prevent them from finding another job.
Dismissal on the initiative of the employer
This right is enshrined in Article 81 of the Labor Code. An employee may be dismissed for the following reasons:
- upon liquidation of an economic entity, which gives the employer the right to dismiss even those employees who are on sick leave or on vacation;
- while reducing staff;
- in case of discrepancy in the qualifications of the position held, failure to pass certification, discrepancy in the position for medical reasons, confirmed by the relevant conclusion;
- with gross labor misconduct, manifested in truancy, appearing at work in a drunken state or under the influence of toxic and narcotic substances, non-observance of secrets, both state and commercial;
- in the presence of disciplinary sanctions and continued failure to fulfill their duties;
- in the commission of criminal acts, including damage and destruction of property, theft and embezzlement;
- in case of violation of labor protection standards;
- when committing immoral acts;
- in case of loss of confidence (for example, this expression is sometimes practiced when the manager dismisses the President of the Russian Federation);
- in case of groundless decisions, expressed in unlawful use of the property of the organization;
- when providing false documents to the personnel department.
Calculation of the employee upon dismissal is carried out on the last business day.
Other grounds
For employees in the field of education (mainly), some other reasons are used for dismissal of employees. They are specified in special regulatory documents. So, educators and teachers can be fired when using not universally recognized methods of education.
Also, this procedure can be carried out in case of violation of the charter of the business entity in which the employee works.
Civil servants quit for disclosing classified information.
Employee Transfer
In this case, the process in question is carried out while two conditions are met:
- An application for the dismissal of an employee is being submitted.
- The employer to whom the transfer is made guarantees the admission of this employee. This may be an application for employment in another economic entity or a letter of guarantee. In case of election to an elected position, a document confirming this must be available.
Refusal to continue work
This is possible with reorganization, a change of ownership. An employee is dismissed under the Labor Code of the Russian Federation (Article 75).
He can apply in a generally accepted form. This does not apply to the top manager and chief accountant. An employment contract may be terminated with these positions after the owner obtains property rights. The maximum period when this can happen is 3 months.
Dynamics of working conditions
Business entities periodically experience situations requiring changes in the technological principles of the organization of the labor process. In this case, appropriate changes are made to the employment contract. Before the start of the reform, 2 months in advance, employees are warned in writing about the upcoming reform.
Dismissal occurs if employees are not satisfied with the new conditions. They must first be offered a new job in writing corresponding to their qualifications, level of health and skills. In the absence of such work and the employee’s disagreement to work in the new conditions, he is subject to dismissal.
In mass cases, the employer can do part-time work for up to 6 months. If after that the employee does not want to work in the new conditions, then he quits.
Health status as a reason for termination of an employment contract
If it is impossible to continue work for medical reasons, supported by an appropriate opinion, the employee may apply for the transfer to a vacant position that is appropriate to his qualifications and state of health. If it is impossible to carry out this procedure, the employment contract is terminated. In this case, the following package of documents is prepared upon dismissal of an employee:
- medical certificate to confirm the status of the employee;
- Signed transfer statement by an employee
- documents confirming the absence of a suitable vacancy;
- when offering a vacancy and rejecting it, this refusal must be attached.
Production transfer
Sometimes it is necessary to reduce the cost of the process, which may require the owner to transfer production to another location. Employees must receive a written warning of an impending move. If they disagree with them, the employment contract is terminated.
Force Majeure
In this case, the employment contract is terminated in accordance with documented circumstances. These include many cases, the most common of which are:
- urgent conscription in the army;
- reinstatement by a court decision of a former employee;
- non-election to the position;
- disability according to medical indications;
- court sentence;
- State of emergency;
- death;
- administrative punishment;
- missing person;
- disqualification.
Cash payments upon dismissal
Despite the fact that the employee leaves his workplace with the given employer, he must ensure that he is paid the appropriate compensation. When an employee is dismissed, the most common of them are:
- if it is carried out on their own initiative or for misconduct, compensation is paid for unused vacation (if any);
- in case of refusal to move to another locality, of a new post while reducing the old one, refusal to continue working, with a significant change in working conditions, conscripts for military service and those who are dismissed due to health reasons can expect to receive monetary compensation in the amount of the average salary for 2 weeks;
- upon liquidation of an economic entity, reduction of staff or collective, and written consent of the dismissed, wage compensation is paid for a two-month period;
- top management with deputies and the chief accountant when changing ownership receive compensation in the amount of 3 average monthly salaries.
In case of dismissal of an employee not at his own request, but at the initiative of the employer, he is paid severance pay. In case of staff reduction, in addition to salary and compensation, it is also provided. In this case, its size corresponds to the average monthly salary. Payment can be made for the next two months if the employee was unable to find a job during this time. With his registration at the employment center and if he does not find work after 3 months, he can apply for a third average monthly salary. For employees working in the Far North, a three-month salary is provided without applying to employment centers, and when applying, this period increases to 6 months.
When leaving the seasonal work, the employer must pay a two-week average earnings.
The size of the severance pay during the implementation of this process by agreement of the parties depends on the contract between the employee and the employer.
Upon dismissal after a trial period, severance pay is not paid.
These payments, other than contractual by agreement of the parties, are not income and are not subject to personal income tax.
Termination of employment
The need to take into account the continuity of service when dismissing an employee is important if he is going to draw up benefits, allowances and compensation for himself. The length of service is considered to be such if the employee, after the entry in the workbook shows the dismissal, finds a new job within no more than 3 months. This applies mainly to employees of state and municipal organizations.
To date, the conditions for the continuity of experience in the legislative acts of our state are not defined.
SZV-M upon dismissal
The employer submits monthly reports to the FIU on the number of employees in the form of SZV-M. It is mandatory for employees who wish to retire. It is necessary to receive cash payments during a well-deserved rest period. Upon the dismissal of an employee, the SZV-M is also given to him in his arms. This is due to the fact that, according to the Labor Code, this form refers to the mandatory documentation related to work. Like all other documents, this is presented to the dismissed employee on the last working day, and when working under a fixed-term employment contract - on the last day of its validity.
The document is provided to employees in the form of an extract and should include information only about this particular employee.
In order to avoid disagreement over the issuance of this document, the dismissed employee needs to receive confirmation from the employer. It can be obtained in several ways:
- the formation by the employer of two copies of the extract, on one of which the employee puts his signature, confirming receipt;
- create a special journal for the issuance of various documents to employees, in which the dismissed person will put his signature;
- You can require employees to draw up a receipt on receipt.
By and large, an employee needs it if it needs to be presented to a third party, so employers do not try hard to give it away. For non-issuance of this document, the employer is not in danger. However, if an individual needs this extract, he can apply to law enforcement or judicial authorities, which will oblige the business entity to issue this document.
Thus, upon dismissal of employees, SZV-M is issued in the form of an extract, but not in the form of a copy of the report itself.
SZV-Experience
These statements are new, accepted for submission in 2018. It is similar in content to SZV-M, but is submitted to the FIU annually and contains more detailed information.
Upon termination of the employment contract, the employer has an obligation to fill out this form. Information about the dismissed employees is submitted before the end of the reporting period to the PFR department, together with that of the other employees.
On the last working day, the dismissed person, in addition to receiving the work book and full settlement, must receive documents on his income, as well as on the accumulated experience. In addition to the SZV-M form discussed above, the employee must also receive the SZV-STAGE.
The legislation does not stipulate the way of presenting this document, therefore the employer can send it by mail or provide it personally.
Below we will consider a sample of filling the SZV-STAZH upon dismissal of an employee.
1 section. The “source” mark is put down in the type of information.
2 section. The reporting year is the termination of the employment contract.
3 section. The data on the resigned employee is given. At the same time, his full name, SNILS, experience at the time of dismissal is indicated.
Section 4 and 5 are completed if the employee is retired. In the event of dismissal on December 31 in the 14th column put "X".
Such documents must be received by any employees terminating the employment contract with the employer, regardless of the type of agreement.
Procedure
In different emerging situations, it varies somewhat. So, the procedure for dismissing an employee during the liquidation of an economic entity is as follows:
- notification of the trade union, employment center, workers (the first - at least 3, the last two - 2 months before dismissal);
- termination of the employment contract;
- making payments.
When downsizing, an order is issued first, then the employment center and trade unions are notified, a circle of people who will not be affected by this procedure is determined, those who are being cut off are notified about the upcoming event (no later than 2 months), other vacancies are offered to them throughout the term of the reduction, a motivated union opinion is requested upon dismissal of a member of this organization, after which the contract is terminated.
In case of inconsistency of the position held, certification of the employee is carried out, which should confirm his incompetence, after which he is offered another vacancy.
At the beginning of the dismissal procedure, the employee submits an application.
Finally
Dismissal of an employee can be carried out on various grounds. When taking the initiative, the preferred option is that coming from the employee. , , , - -. , , , , , , .