When a dismissal occurs on a personal initiative, the employee must notify the management in advance - 14 days before the day of departure. In some situations, the employer needs to be warned three days in advance. And there are cases when you can leave on the day of the application. Often this happens dismissal for family reasons. The subtleties of this procedure are spelled out in Art. 80 shopping mall. Practice shows that the head has the right to minimize the time of this process.
Terms and conditions
As a rule, dismissal is carried out in the following cases:
- Agreement of the parties. Both the manager and the employee agree to terminate the employment relationship. The terms of this are reflected in the document. It is signed by both parties.
- The period of validity of the labor contract is over.
- The desire of the employee. He compulsorily draws up a statement
Dismissal for family reasons without working out only in the first case, that is, a special agreement is concluded. The initiator can be both an employee and an employer.
The TC does not in any way reflect the fixation of this agreement in either written or oral format.
About the order
It is formed by the employer and personnel officer in a uniform T-8 form. The document contains data on the date of dismissal, and it is certified by the signature of the head. Then it is studied by an employee. With the consent of all points, the order is sent to the accounting and personnel services. Preparation for dismissal begins.
The employer has the right to cancel the prescribed workout. The subtleties of this case are reflected below.
Application for leaving without practicing
Many workers have children under 3 years old and use leave to care for them. Moreover, not only mothers, but also fathers have the right to it.
And if an employee insists on dismissal for family reasons precisely for this reason, the employer can refuse him, but approve the vacation.
But in the case of a serious illness of the child and the availability of official documentary evidence, the leader must sign the act of leaving work right on the day of its submission. The reason is that this situation is considered emergency.
Main situations
Cases of dismissal for family reasons may include:
- Moving to another area, locality, region or country.
- Transfer of a husband or wife to work in another city.
- Sudden serious illness of a young child and the need to care for him until his 18th birthday.
- Unexpected severe illness of a relative in need of help.
- Assisting a woman who is a wife or other relative for the employee in caring for a newborn child. However, she herself is not in a condition for the full implementation of parental responsibilities.
- Supervision of a young child who is an employee of a grandson and has no parents.
Other situations are not recognized as fundamental for this type of dismissal and provide for a mandatory two-week working out.
Application Criteria
There is no legal sample for such a document. It is formed in free form, but should contain such data:
- F. I. O. of the person to whom the document is written.
- Grounds for leaving work under Art. 80 and the reasons. Indicated in the text.
- Documentation and certificates that are evidence of circumstances for dismissal.
- Date of the act.
- Signature.
It is important to follow two rules:
- Business paperwork.
- The statement of reasons and grounds is short, without an emotional component.
The application is not submitted if the parties reach an agreement. Otherwise, it is filed in accordance with the internal charter.
Ways to provide a document:
- Personally to the employer.
- Through a secretary or personnel officer.
- By mail.
If you want to leave immediately on the day of application, it indicates the exact reason for leaving. Documents confirming the right to urgently terminate a working relationship are provided. For example, if the spouse (a) is transferred to another city, the act is accompanied by a special certificate.
When applying for dismissal for family reasons and urgency of care, documentary evidence is always necessary. An exceptional case - an employee gains pensioner status.
If it is not possible to provide evidence, you can try to reach an agreement with the employer.
When an application is submitted only about leaving on a personal initiative, the employee works for 14 days. If he independently stops working, it is regarded as truancy. And he expects a forced dismissal.
The situation with the military
Here the process is different from civilian cases. The agreement is terminated on the basis of Federal Law No. 53. Its article No. 51 sets out the grounds for dismissal of a soldier for family reasons:
- It is difficult for a close relative to live in the climatic conditions of the area where the military serves. For this, the required certificates must be provided. Then it is possible to transfer a serviceman to another territory having a more comfortable climate.
- Husband or wife also serve and were transferred to another place.
- The mother of a soldier alone brings up at least two children who are not 8 years old.
- The urgent need for the whole family to move long distances.
- The need to care for a relative suffering from a serious illness. There should also be documented medical certificates. A special examination is also carried out at the patient's place of residence.
- Caring for a child under the age of 18, provided that the military brings him up alone.
The clause on the dismissal of a military employee for family reasons also provides clauses regarding the contractual type of service. The provisions have some analogies.
Leaving a contract service
There are also legal grounds. These are extremely serious reasons that impede service.
The report details the reason for dismissal for family reasons. It is documented.
The command signs the report, relying on the third paragraph 51 of article of the Federal Law No. 53. Serious reasons are considered:
- The death of a close relative during military work or at training events.
- A retirement legally appointed guardian of a minor brother or sister.
- The need for constant care for a relative with a serious illness.
- The presence of a child who is not 18 years old, for whom the military is the only parent.
- The birth of the spouse during the service. Here the proof is the birth certificate.
- The presence of at least two children.
- A soldier is a parent of a disabled child who is less than 3 years old.
Care algorithm
When a military man is compelled to be fired for family reasons, he must go through a certain procedure in order to legally part with the service.
The designated process consists of the following stages:
- Submission of the appropriate report. He is sent to the command of the unit.
- Based on the filed document, a conversation takes place in the personnel department. The applicant’s task is to set out as much as possible the reasons why he is forced to leave the service.
- The case is examined in detail by the certification commission. She analyzes the identified causes for respect and authenticity. After which he makes a final verdict.
When a soldier decides to be fired for family reasons, he must correctly write a report.
In this document, he indicates all the reasons for his forced resignation. He argues them as detailed as possible.
The report must be accompanied by documentation confirming at least one of the indicated reasons (Article 51 of the Federal Law No. 53).
Case Study Period
The certification commission shall study the received report with the necessary documents for a minimum of a week, a maximum of 15 days.
If necessary, additional checks extend the time frame. The soldier is notified about this in a separate order.
When it takes more than one month to consider the case, and the applicant is not warned about this, he has reason to file a lawsuit.
Other nuances
If a soldier in the process of service complied with the laws and clauses of the contract, then with his resignation he has the right to rely on certain accruals of funds:
- A allowance equal to the parameters of two salaries.
- Award for the worthy performance of their duties.
- Other material assistance.
The calculation of paragraphs 2 and 3 is carried out in person.
If a soldier who has submitted a report on involuntary dismissal in family matters changes his mind, he can withdraw this document. It is important to catch up to the moment when the commission completes its study. But the decisive word in this matter remains with the command.