At present it is hardly possible to meet a person who has been working for several years at the same enterprise. Although there are instances like me - the author of this site. But we will not talk about such individuals now.
For various reasons, the employee may decide to leave the institution, organization or enterprise. In this case, the personnel officer needs to formalize the proper termination of the working relationship, including the preparation of the necessary documents. In this article you will find an example of an order for dismissal at will.
But not only this, you will have access to current samples of documents for 2018 and answers to many questions regarding the procedure for dismissing employees, including all the nuances of controversial decisions.
Form of the resignation order of my own choice:T-8
The purpose of this document is the dissolution of the working relationship. The form of the order of dismissal at own will( №Т-8; № Т-8А) was approved by the decision of the State Statistics Committee of 05.01.2004 No. 1.
Form No. Т-8 is filled in at the termination of the employment contract with one employee, №Т-8а - upon terminationworking relations with a group of workers. In practice, it is better to make separate documents and orders in the form of T-8.
Compilation in free form is also allowed. The main thing is that it should be designed in compliance with the requirements for primary documents.
How to fill out the dismissal order of your own choice?
The document is prepared by an employee of the personnel department of the enterprise. It is signed by the director of the company. Upon termination of an employment contract with a materially responsible person, an act of acceptance must be attached to the order, confirming the absence of complaints against the employee holding the responsible position.
Filling of the order must be made in compliance with all requirements for its design. It must include the following information:
- in the top line of the document indicates the name of the employing organization or the surname, first name, patronymic of the head of the individual entrepreneur;
- further specifies the number of the order and the date of its publication;
- in the line "Terminate the employment contract from. ..." Indicates the date of the conclusion of the employment contract, and its termination.
- in the next line is written information about the employee: the surname, first name, patronymic of the person who leaves the genitive, his position and personnel number;
- in the line "Grounds for termination of the employment contract" indicates the reason for the termination of the employment contract - "on the initiative of the employee, clause 3 Part 1, Article 77 of the RF TC";
- further specifies the basis for issuing an order( employee statement);
- signature of the director, seal of the organization;
- the wording is "familiarized", date and painting of the employee.
It is necessary to familiarize the employee with the document. Based on it, entries are made in the personal card and in the work record book of the employee, and accounting is also prepared in the accounting department. This document must be registered in the register of orders.
What date should I specify in the order?
According to the general rule, the employee must, within two weeks, notify the head of his departure from the organization by giving him a statement. It indicates the last working day. It is this date that should appear in the order.
Therefore it is important to correctly specify the date of the last working day in the application.
- If an employee writes in the application for dismissal the wording: "I ask to dismiss me from March 17, 2018," then on March 17, 2013 he will be considered not working in the organization. The day of dismissal will be the previous date of March 16, 2013, which should be indicated at the disposal of the head.
- If he writes: "I ask to dismiss me on July 19, 2013", then this number will be considered the last working day. This date should be indicated at the disposal.
Sample of filling out an order for dismissal at own will for 2018: where to download?
To help you, a ready-made sample of filling out an order for the dismissal of an employee of your own free will be available here( download sample).
Source: the editorial of the article by Julia Kosmynina.
The order on holiday with the subsequent dismissal: sample 2018
Many questions at personnel officers cause registration to workers of rest with the subsequent dismissal. According to Art.127 of the LC RF, the employer can provide the employee with rest before terminating the contract, but is not obliged to do so.
If the director does not mind, they are issued an order for leave with subsequent dismissal, a sample of which we have placed in the article.
How to make a statement?
To resign in this order, the employee needs to write a statement. It should contain wording with the request to dismiss and provide the due days. After it is received, the employer makes a decision. It is worth noting that the employee may change his mind to leave. In this case, he has the right to withdraw the application. But, it is permitted to do this before the rest begins, if the place of the lay-off has not yet been invited as the transfer of another person.
The opinion of the employer plays a decisive role: if he has made a positive decision, then on the basis of the employee's application he issues an order.
Download Sample order on leave with subsequent dismissal.
When the employer is against, the employee will receive only compensation for all unclaimed vacation days. In this case, only the decree on termination of the contract is issued. It should be remembered that refusal to rest before the termination of the contract will be legitimate if the employee is dismissed for disciplinary violations.
How to issue an order?
The form of the order on granting of rest with the subsequent cancellation of the contract can be developed by the personnel manager of the enterprise independently. The main thing is that it should contain all the requisites specified in Part 2, Art.9 FZ of 06.12.11 № 402-FZ.Vacationers should be paid three days before the start of vacation( Article 136 of the Labor Code of the Russian Federation).Therefore, the order must be issued in advance. Below you can get acquainted with what the leave order looks like with the subsequent dismissal of the sample( download sample).
Also, you can issue such a solution with the help of unified forms. In this case, the manager should issue two orders - to rest in form No. T-6( T-6a) and to terminate the contract No. T-8( T-8a).This is due to the fact that a single order is not provided for in the Decree of the State Statistics Committee of 05.01.04 No. 1. In this case, the documents must have the same date. The date of registration of these two documents should not be later than the start date of the leave of the terminating employee.
If the company uses the staff forms of the State Statistics Committee in its work, the first form of the order is not mandatory.
When to record in the workbook?
On the basis of the signed by the employer of an order employees of the personnel department together with the accounts department prepare a note-settlement. It is necessary for the calculation of final payments. The personnel officer draws up the necessary documents, makes an entry about the termination of the contract in the worker's work record book. The form is returned to the owner on the day before the start of the holiday. But in the work book and the order to date this event should be the last day of rest of the worker.
How do I pay my vacation before my dismissal?
Based on the director's order, settlements are made with the worker. The calculation is issued on the last working day before the rest.
If paid leave was provided in advance, but the employee did not work for him, if you leave his salary, you should keep the amount for the unworked days. In this case, when preparing the settlement sheet, you should recalculate. This action is possible after the employer issues an order for the recalculation of vacation pay at the dismissal of the sample( download sample).
Corresponding explanations are given in the letter of Rostrud dated December 24, 2007 №5277-6-1.It is worth noting that the order to keep leave during the dismissal, the sample of which you see, is not a mandatory document, becauseretention must be effected in accordance with art.137 of the LC RF.Therefore, deductions can be made by the accountant of the enterprise and without such an order.
Leave on vacation 2018: statement by
Many citizens who decided to leave the company are eager to do so at the most convenient time for them. Therefore, often employees are interested in whether it is possible to leave the organization during the rest?
The RF Labor Code prohibits the termination of working relations during this period on the initiative of the employer. An exception is the liquidation of the organization or the termination of the activity of the IP( Article 81 of the LC RF).The situation is different if the employee decided to leave the organization of his own free will.
Sample application for leave followed by dismissal( download sample).
The given example of the application for leave with subsequent dismissal is universal. As stated in part 4 of Article 127 of the Labor Code of the Russian Federation, the employee has the right to take it before the start of the rest, if he changes his mind and if another person has not been invited in his place. In this case, after finishing the rest, he goes to work and continues to work in the usual mode.
What information is specified in the
document The uniform form of this document does not exist. You can use the company letterhead. Most importantly, the application for dismissal on leave must be made in writing, this requirement is fixed in the RF TC.
It contains the following information:
- in the header in the dative case indicates the name of the employing organization, position and name of the head;
- in the genitive case of the full name and position of the terminating employee;
- the name of the document;
- wording, containing a request for termination of the contract at the request of the employee;
- date of termination of the contract;
- date of compilation, signature of employee.
Procedure for termination of the contract
According to Article 80 of the Labor Code of the Russian Federation, the employee can write an application for leave with subsequent dismissal. If the time has come for a rest, the worker does not need to work out anything. The document should specify the date of leaving, corresponding to the last day off. It must be handed to the employer in person, or by sending it by registered mail.
If the rest time has not yet come, the head may not let the worker work without work. In this case, he will have two more weeks to carry out his duties in the organization. The employee must notify the employer about his decision two weeks before the expected date of termination of the employment contract.
If an employee on vacation wrote an application for dismissal, the manager can not refuse him.
On the basis of the document submitted by the employee, the employer draws up an order in which the lay-off person must place his signature as a sign of familiarization. But, during the non-working period, it does not always have such an opportunity. In this case, an appropriate note is made on the order, and an act is drawn up.
The record of leaving the company is entered in the work book and in the personal card of the citizen on the day of termination of the contract. On the same day he is given a calculation and a work book.
We issue an order for dismissal correctly
The unified form of the T-8 dismissal order is a mandatory normative document, with which the employee must be acquainted with the signature when dissolving the employment relationship.
Sample form for the dismissal order form T-8( download sample).
This form applies regardless of the reasons for the termination of the employment contract. The form of the dismissal order is only written.
This normative act is prepared by the employee of the personnel department on the basis of a written application of the employee( at his own request) or other grounds prepared by the employer's administration( for guilty actions or by agreement of the parties).
is prepared As a general rule, the date of dismissal and the date of the dismissal order, as a rule, coincide, but this is not an axiom.
For example, in some organizations the accounting department makes the necessary calculations only on the basis of primary documents. In this case, the initial order will be the one signed by the first person of the organization or by the person authorized by him, and not the statement of the employee. Therefore, sometimes the dismissal order is prepared in advance, in a few calendar days, so that individual departments of the enterprise are able to perform the necessary actions:
- to calculate the due payments, including for unused holidays;
- accept the property of the employer, if such was in the use of the employee;
- to do business and so on.
What is necessary to indicate
Undoubtedly, in this document all information is significant: both the name of the post and the structural unit, however, at some points it is necessary to pay special attention.
So, before sending for signature to the manager, it is necessary to check:
- the full name of the person being dismissed and the details of the employment contract to be terminated;
- date of termination of the contract( last day of work);
- grounds for termination of employment contract.
After all the information is verified, you can send the draft regulatory act for signature to the supervisor.
Acquaintance of the employee
After the head has approved by his signature the termination of the employment contract on a unified form, the regulatory document must be assigned a serial number, after which the content should be brought to the notice of the employee being dismissed against the signature.
Next to his painting, the employee must put the date of the inspection.
If an employee refuses to sign or read it, a corresponding entry is made in the document( refusing to sign or get acquainted) and an Act is being prepared.
Sample of the Act on refusal of the employee in familiarization with the dismissal order( download sample).
Need to print or not
In accordance with Federal Law No. 402-FZ of 06.12.2011, printing is not a mandatory requisite of the primary accounting document.
However, if the employer believes that the presence of a seal must be mandatory, he has the right to introduce this rule in his company by approving the corresponding requirement with a regulatory document.
In the event that after the termination of the employment contract, the former employee will need information about the regulatory act on the basis of which he was dismissed, he can ask his former employer to provide him with a copy of this document or an extract from it.
The statement is issued in free form on the employer's letterhead, indicating the requisites of the primary document and only about the person who requests it.
Sample Extract from the dismissal order( download sample).
We issue an application for the dismissal of
When a person gets a job, it is not necessary to write an application, but when he wants to leave the organization - this document can not be dispensed with. The application form for dismissal is free, but it must contain two fundamentally important points: the basis for termination of the contract and the date of termination of the employment contract.
Statement of dismissal, sample filling in 2017-2018
As it clearly shows, the example of the application for dismissal is made in writing and contains the following information:
- in the header of the document in the dative case - the name of the company, full name of the director;
- Name and title of retiring employee in the genitive case;
- kind of document;
- text with a request to terminate the contract indicating the grounds;
- the date of the last day of work;
- the date of drawing up, the signature of the dismissed employee.
Form of application for dismissal in 2018( download form).
Deadline for filing
A notice of termination of an employment contract of its own will be sent to management at any time, including during:
- of the employee's work;
- being on vacation;
- when a person is sick and stuff.
General rules for notification of impending termination of relations are as follows:
- is filed for 14 days, regardless of the type of employment contract( urgent or unlimited).The employer has two weeks to find a new employee;
- can be notified for 3 days if the work was seasonal or has not yet passed the test period;
- for 1 month, if a person belongs to top executives( deputy general or general director himself).
The application form for dismissal is not applied, although the organization can create a special form to save time and money. But this is usually not done, because no one ever knows for what reasons he will be dismissed from the organization he is working in now.
It is important to specify the last business day correctly, and here there is a nuance:
- if before the date the employee put an excuse "c" - the last business day will be the previous date;
- if a citizen writes without this preposition, the date of dismissal or termination of work will be factual, the one that the person indicated in the application.
The employee has the right to agree the date of the last day of work with the manager in case it is necessary to leave the company before the due date.
If the director does not object, this information is recorded in the document. It should be remembered that if you do not specify the last day of work, the manager can use the general rules and terminate the contract with the employee in two weeks.
Read more about the dismissal procedure at will.
When it is possible to leave
- immediately if the employer has violated the labor law;
- when retiring;
- as agreed by the parties.
If an employee changes his mind about leaving
, the Employee may change his mind and withdraw his notice of dismissal before the end of the warning period for the termination of the working relationship. If a new employee has not been invited in his place( with the help of a written document), he will not be refused or dismissed.
If the manager does not want to leave such an employee, the relevant application can be sent by mail by registered mail( with an inventory of the attachment and a notice of delivery) addressed to the director.
Sample application for resignation
Labor legislation allows an employee at any time to ask to be dismissed. The main thing here is to correctly contact and notify about the upcoming care. What form of application for dismissal at will is the most convenient, how to fill it, when you submit other nuances - in the article.
Sample of application for resignation
None of the normative acts describes how to write a written request to the employer in connection with the intention of the employee to leave. But if someone had compiled the application for resignation at their own will, the following issues would have been in it:
- in the upper right corner - an appeal to the official with indication of his position and full name;
- below - notice( application) of leaving;
- in the text - request for termination of the contract and planned date of dismissal;
- at the very end - the date of compilation and painting of the employee with a transcript.
Sample application for dismissal
Sample application for self-sustainment( download sample).
An employee is not required to report on the reasons for the termination of cooperation. Therefore, the text of the application for dismissal of one's own will should be concise and to the point. No details and explanations.
Please note: the date of dismissal in the application of your own will is actually considered as the last day of work. But if it is written "to fire with. ..", then the last day is the previous date. And the specified number is not taken into account - from this day the contract is already invalid. Therefore, it is better to omit the preposition "c".If you do not specify the planned date of leaving, the employer can rely on the day of treatment and count the time until leaving the employee from the next day.
When to go to the employer
By giving citizens the opportunity to decide when to leave, the legislator has provided certain benefits for business. One of them is to recruit an employee who decided to leave, for a maximum of 14 days from the date of notification of termination of the contract. Therefore, the worker must inform about the desire to terminate the cooperation for at least 2 weeks.
Exceptions are listed in the Labor Code of the Russian Federation:
- on the intention to leave the post the CEO must notify not later than a month( Article 208 of the LC RF);
- if the fixed-term contract is concluded, only 3 days are provided for informing the employer( Article 79 of the LC RF);
- persons who do not want to continue to work after being accepted for a probationary period must report this also at least 3 days in advance( Article 71 of the LC RF).
In certain cases, there is no time to recruit new employees. This is legal when a person:
- switches to full-time education;
- is sent to the army service.
Care during leave or hospital
The employer must dismiss even the employee who, at the time of notification, has a rest, is on a sick leave sheet or on a long business trip. Since a worker can not only personally bring a notice of care, but also send documents by mail, there are no obstacles to the termination of the contract.
In such cases, you can use the template of the application for dismissal as described above. However, all rules and terms for notifications are preserved. But in fact, these people will not appear at work and will not perform their duties if the term of a business trip, sick leave or vacation does not end earlier. You can leave on the eve of a period of temporary disability or a well-deserved rest. Work in this case, most likely, also do not have to. The main thing is to calculate the deadline for the prevention of superiors - it starts from the day following the day when the employer received an application for termination of the contract.
Is it possible to change your mind?
An employee who decided to quit, who has already informed about it, can still remain in his position. Change the decision is allowed within the period left for the selection of a new employee.
But there is an exception, if on the sick leave or on leave, the employee announced leaving, it will not be possible to restore it when a new person is invited to his position.
Source: author of a number of articles - Alena Motroy from