Labor Code, Part 1, Article 80. Dismissal at will - registration rules and controversial situations. Application deadlines

Labor Code, N 197-FZ | Art. 80 Labor Code of the Russian Federation

Article 80 of the Labor Code of the Russian Federation. Termination employment contract at the initiative of the employee (by at will) (current edition)

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In cases where an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in educational organization, retirement and other cases), as well as in cases of established violation by the employer labor legislation and other regulatory legal acts containing norms labor law, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws the conclusion of an employment contract cannot be refused.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to give the employee work book or provide information about labor activity(Article 66.1 of this Code) from this employer, issue other documents related to work, upon the written application of the employee, and make a final settlement with him.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

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Commentary to Art. 80 Labor Code of the Russian Federation

1. Article 80 establishes the general (unified) procedure and conditions for termination at the initiative of the employee of both a fixed-term employment contract and an employment contract concluded for an indefinite period. Thus, the possibility of terminating an employment contract before its expiration at the initiative of the employee is not related to the presence of valid reasons. An employee has the right to terminate any employment contract at his own request at any time. He is only obliged to notify the employer about this in writing no later than two weeks in advance. The head of the organization is obliged to notify the employer (the owner of the organization's property or his representative) in writing about the early termination of the employment contract no later than one month in advance (see commentary to Article 280). An employee who has entered into an employment contract for a period of up to two months, as well as an employee engaged in seasonal work, are required to notify the employer in writing about the early termination of the employment contract three months in advance. calendar days(see commentary to Articles 292, 296).

2. A written form of resignation is required. An employee's oral statement about termination of an employment contract cannot be the basis for the employer to issue a corresponding dismissal order. The obligation of the employee provided for by the Labor Code to notify the employer of termination of the employment contract at his own request no later than two weeks (the head of the organization - one month in advance) means that he can do this for a longer period. Two weeks (a month) is the minimum period within which the employee is obliged to notify the employer of the desire to terminate the employment relationship. The notice period begins the day after the employer receives the employee’s resignation letter. So, if an employee submitted a letter of resignation on June 1, then the two-week period expires on June 15. This day will be the last day of work (day of dismissal) (see commentary to Article 84.1).

3. In accordance with Part 2 of the commented article, by agreement between the employee and the employer, the employment contract can be terminated before the expiration of the established notice period. It should be borne in mind that in this case the basis for dismissal will be the employee’s own desire, and not the agreement of the parties provided for in paragraph 1 of Art. 77 TK. Termination of an employment contract by agreement of the parties is possible only when the employer’s consent to dismissal has legal significance and without such consent the employment contract cannot be terminated (see commentary to Article 78). In the case where the employee himself has expressed a desire to terminate the employment relationship and asks to be dismissed before the expiration of the established notice period, the employer’s consent to the termination of the employment contract itself has no legal significance. It only matters for determining the specific date of dismissal, because the employee asks to be dismissed before the expiration of the period established for notice of voluntary dismissal. If the parties have agreed to terminate the employment contract before the expiration of the established notice period, the employment contract is terminated on the basis of clause 3 of Art. 77 TC per day determined by the parties.

The agreement of the parties on early (before the expiration of a two-week period) termination of the employment contract must be expressed in writing, for example, in the form of an employer’s resolution on the application of the employee who requested dismissal from a specific date. An oral agreement between the parties cannot be evidence of such an agreement. This is evidenced by arbitrage practice. Thus, the Supreme Court of the Republic of Buryatia rightfully recognized as unfounded the decision of the Railway Court, which refused gr. L. for reinstatement, pointing out that in L.’s application there is no employer’s resolution that would confirm his consent to terminate the employment contract before the expiration of the notice period. Therefore, based on this statement, it cannot be concluded that there was a bilateral agreement to terminate the employment contract before the expiration of the notice period for dismissal (Review of cassation practice in civil cases of the Supreme Court of the Republic of Buryatia for 12 months of 2006 dated 10/19/2007).

If the employer does not agree to terminate the employment contract before the expiration of the notice period, the employee is obliged to work for the established period. Early termination of work in this case is a violation labor discipline. Termination of work without notice of dismissal will also be a violation of labor discipline. An employee who leaves work without permission may be fired for absenteeism. In turn, the employer does not have the right to dismiss an employee before two weeks have passed after he submits an application for termination of the employment contract, if the application does not indicate the date of dismissal, or before the expiration of the period specified in the application. During the entire notice period, the employee retains his workplace(job title).

4. If an employee’s application for voluntary resignation is due to the impossibility of continuing his work (enrollment in educational institution, retirement, sending a husband (wife) to work abroad, to a new place of duty and other cases), the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

The same obligation also arises for the employer in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract. It is necessary to keep in mind that these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, labor dispute commissions, and the court (clause 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2).

Judicial practice under Article 80 of the Labor Code of the Russian Federation:

Decision of the Supreme Court: Determination N 20-КГ17-7, Judicial Collegium for Civil Cases, cassation
Part 4 of Article 80 Labor Code Russian Federation it is stipulated that before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time...
Decision of the Supreme Court: Determination N 78-КГ14-12, Judicial Collegium for Civil Cases, cassation
Meanwhile, the Judicial Collegium finds the plaintiff’s arguments presented to be erroneous, based on the incorrect application of substantive law, and the court’s conclusions are consistent with the circumstances of the case and the provisions of paragraph 3 of part one of Article 77, Article 80 of the Labor Code of the Russian Federation. According to paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation, the basis for termination of an employment contract is termination of the employment contract at the initiative of the employee...
Decision of the Supreme Court: Determination N 5-КГ13-155, Judicial Collegium for Civil Cases, cassation
Termination of an employment contract at one’s own request (Article 80 of the Labor Code of the Russian Federation) is the implementation of the employee’s guaranteed right to free choice of work and does not depend on the will of the employer...

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Text of Article 80 of the Labor Code of the Russian Federation in the new edition.

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

In cases where the employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

N 197-FZ, Labor Code of the Russian Federation, current edition.

Commentary to Art. 80 Labor Code of the Russian Federation

Comments on articles of the Labor Code will help you understand the nuances of labor law.

§ 1. Article 80 of the Labor Code gives the employee the right, on his own initiative, to terminate the employment contract at any time by notifying the employer in writing no later than two weeks in advance, unless the Labor Code or other federal law establishes a different period. You need to know that the specified period begins the next day after the employer receives the employee’s resignation letter. This provision reflects the principle of freedom of labor and freedom of employment contract.

§ 2. An employment contract by agreement between an employee who has submitted a notice of resignation of his own free will and the employer can be terminated before the expiration of the notice of dismissal.

§ 3. In cases where an employee’s application for dismissal is due to the impossibility of continuing work (his admission to full-time study at a university or other educational institution, retirement, transfer of a spouse to another locality and other valid reasons), as well as in case of violation by the employer of labor employee rights, terms of an employment or collective agreement, agreement, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

§ 4. The employee has the right to withdraw his application at any time before the expiration of the notice period, except in the case when an employee who cannot be refused employment in accordance with Art. 64 Labor Code (see commentary to it). The employer is obliged (except for the specified case) to cancel the employee’s application (return it to him).

§ 5. It should be borne in mind that the Plenum of the Supreme Court of the Russian Federation in Resolution No. 2 of March 17, 2004, in paragraph 22, indicated that if, after the expiration of the warning period, the employment contract was not terminated and the employee does not insist on dismissal, the effect of the employment contract the contract is considered continued.

If a notice of resignation is filed by an employee under 18 years of age, the commission for minors’ affairs must be notified about this.

§ 6. If an employee left work before the expiration of the warning period and without an order for his early dismissal, the employer may qualify this as absenteeism without good reason and dismiss such an employee for absenteeism (see Article 81 of the Labor Code and the commentary thereto).

The employer does not have the right to dismiss the employee without the consent of the employee based on his application before the expiration of the notice period. He cannot fire him under Art. 80 of the Labor Code, unless there is a written statement from the employee about this.

§ 7. After the expiration of the notice period, if the employer does not dismiss the employee for some reason (which is often the case in practice), the latter may leave the job. The employer is obliged to issue him a work book and make payments to him. Otherwise, according to Art. 234 of the Labor Code, the employee is paid the earnings he did not receive during the illegal deprivation of his opportunity to work, since he cannot get another job without a work book.

§ 8. During the warning period, the employer has the right to dismiss the employee if he has committed an offense that is grounds for dismissal (showing up at work while drunk, etc.).

When dismissing a temporary or seasonal employee at his own request, the notice period is three calendar days.

§ 9. The warning period is calculated from the next day after the employee submits the application. If the last day of the warning period falls on a non-working day, then the next working day following it is considered the end of the warning period. On the last day of work, the employer is obliged to formalize the dismissal and make a payment, issue the employee with a work book with a written record of the grounds for dismissal.

§ 10. Since Art. 80 does not stipulate (as was the case in Article 31 of the Labor Code) that in this way an employment contract for an indefinite period is terminated, we conclude that it provides a similar right to terminate a fixed-term employment contract at will.

§ 11. Those sentenced to correctional labor without imprisonment during the term of their serving cannot be dismissed at their own request without permission in writing from the criminal correctional inspection (Article 40 of the Penal Code of the Russian Federation).

The following commentary to Article 80 of the Labor Code of the Russian Federation

If you have questions regarding Art. 80 TK, you can get legal advice.

1. The commented article regulates the procedure for termination, at the initiative of the employee, of both a fixed-term employment contract before its expiration, and a contract concluded for an indefinite period.

2. The employee’s will to terminate the employment contract must be expressed in writing. All other forms of such expression of will have no legal significance. The corresponding employee initiative is usually expressed in the form of a statement.

In practice, there are often cases when an employer delays making payments to an employee and issuing a work book to him, citing the fact that the employee did not fill out the so-called bypass sheet, did not hand over the accepted documents. material values and so on. This type of practice is not provided for by labor legislation and is therefore illegal. Moreover, after the expiration of the notice period for dismissal, the employee has the right to stop working, and the employer is obliged to issue him a work book on the day of dismissal (last day of work) and, upon the written request of the employee, copies of documents related to the work, as well as pay all amounts due to him from the employer (see Art. 62, 140 Labor Code and commentary thereto).

3. Termination of an employment contract at the initiative of the employee is possible at any time and without specifying the reasons that served as the basis for dismissal. However, if the employee believes that the reason that determined his intention to terminate the employment contract is significant, he can indicate it in his resignation letter. Accordingly, this reason is indicated in the order to terminate the employment contract, on the basis of which an entry is made in the employee’s work book.

4. Supreme Court The Russian Federation draws the attention of courts to the need to proceed from the fact that termination of an employment contract at the initiative of an employee is permissible in cases where filing a letter of resignation was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then this circumstance is subject to verification and the responsibility to prove it rests with the employee (subparagraph “a”, paragraph 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “ On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation"). However, the employer’s threat to terminate the contract with him on his own initiative cannot be considered as forcing an employee to resign at his own request, provided that the employer had grounds for this provided for by law (see Article 81 of the Labor Code and the commentary thereto).

5. If, before the expiration of the notice period for termination of the employment contract, the employee refuses to be dismissed at his own request, he is considered to have not submitted an application and cannot be dismissed on the grounds in question. An exception is the case when another employee is invited in writing to replace the resigning employee, who by law cannot be refused to conclude an employment contract. The wording of the commented article is quite unambiguous: we mean only those cases when another employee is invited, and in writing, to replace an employee who resigns at his own request, i.e. a person employed by another employer who is dismissed by transfer to this employer (see Article 72, paragraph 5 of Article 77 of the Labor Code and commentary thereto). Accordingly, all other statutory guarantees for concluding an employment contract (see Article 64 of the Labor Code and the commentary thereto) do not apply to the situation provided for in the commented article. For example, an employee cannot be denied annulment of a voluntary resignation on the grounds that his position is expected to be filled by a pregnant woman who has been promised the job.

When granting leave with subsequent dismissal in the event of termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his application for dismissal before the start of the leave, if another employee is not invited to take his place by way of transfer (see Article 127 of the Labor Code and the commentary thereto) ). If, while on vacation, the employee becomes temporarily incapacitated, as well as in the presence of other valid reasons, the vacation must be extended by the appropriate number of days (see Article 124 of the Labor Code and the commentary thereto), and the day of dismissal is considered the last day of vacation. However, if the employee insists on terminating the employment contract from the initially determined date, his request must be satisfied.

Since the law provides for a mandatory written form for filing an application for resignation of one’s own free will, it should be assumed that the employee’s will to cancel this application must be expressed in the same form.

6. If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the contract continues. Thus, the fact that the employee’s work period has expired excludes the possibility for the employer to terminate the employment contract on the grounds in question, if “the employee does not insist on dismissal.” The latter formulation is broad and vague. It should be assumed that this applies to the case where, after the expiration of the notice period for dismissal, the employee returned to work and was allowed to work (i.e., continued to perform duties under the employment contract). At the same time, part 6 of the commented article should also apply when the employee expressed a desire to continue working and was not allowed to work, but the employer delayed the issuance of a work book, other documents required by the employee related to the work, as well as settlement with him.

The forms in which an employee can “insist on dismissal” are not defined by law. The most obvious is termination of work upon expiration of the notice period; however, the employee’s expression of will in other forms when continuing work is not excluded. In the latter case, dismissal must be carried out within other terms agreed upon by the parties.

It should be borne in mind that the employee’s demand in question has legal significance only at the time of expiration of the working period. If the employment contract was not terminated upon expiration of the service period, the employee continued to work, and subsequently demanded termination of the employment contract with him with reference to Part 6 of the commented article, such a requirement cannot be considered legal: the employment contract must be terminated according to the rules established by the commented article article, including working out the established notice period for dismissal.

7. The period of notice by the employee to the employer about the upcoming dismissal is determined by labor legislation. In accordance with the commented article, an employee, when terminating an employment contract, is obliged to notify the employer about this in writing no later than two weeks in advance. Consequently, notice of voluntary dismissal can be given earlier than two weeks.

A temporary or seasonal worker must notify the employer about this three days in advance (see Articles 292, 296 of the Labor Code and commentary thereto). The same period is provided for the dismissal of an employee at his own request during the probationary period (see Article 71 of the Labor Code and the commentary thereto). The head of an organization has the right to terminate an employment contract early by notifying the employer (owner) of the organization’s property no later than one month in advance (see Article 280 of the Labor Code and the commentary thereto). The expiration of the period begins the next day after the calendar date on which the application was submitted (see Article 14 of the Labor Code and the commentary thereto).

An employee’s absence from work for valid reasons (for example, due to temporary incapacity for work) is not grounds for extending the period of service upon dismissal of his own free will. At the same time, the employee’s refusal to dismiss may be declared by the employee during his absence from work for the specified reasons.

As a general rule, unilateral reduction of the working period is not allowed. So, if an employee left work without working the period established by law, then this fact is regarded as absenteeism, giving grounds to dismiss the employee at the initiative of the employer (subparagraph “a”, paragraph 6 of Article 81 of the Labor Code). At the same time, judicial practice proceeds from the fact that an arbitrary reduction of the working period by the employer, without the consent of the employee, or dismissal without working off, gives the employee grounds to demand reinstatement at work with payment for the time of forced absence.

There is one exception to this rule, when the reduction of the period is due to valid reasons, the list of which is given in Part 3 of the commented article. Among such cases, one can indicate the entry of an employee into military service under a contract (see Article 83 of the Labor Code and the commentary thereto).

The fact of violation by the employer of laws and other normative legal acts containing labor law norms, the terms of a collective agreement, agreement or employment contract, as a circumstance obliging the employer to terminate the employment contract within the period specified in the employee’s application, can be established, in particular, by the bodies implementing state supervision and control over compliance with labor legislation, trade unions, labor unions, courts (subparagraph “b”, paragraph 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2). In these cases, the employer is obliged to terminate the employment contract within the period requested by the employee.

In all other cases, the agreement of the parties must be reached regarding the termination of an employment contract at the initiative of the employee without working out the period established by law or with a reduction in this period (subparagraph “b”, paragraph 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2). It can be expressed in the form of a written statement from the employee about resignation of his own free will, indicating in it the conditions for dismissal without service or with a shortened period of service, or a corresponding order from the employer containing the signature of the resigning employee. Since the Labor Code does not provide for a form of agreement between the employee and the employer regarding the period of service upon dismissal at their own request, such an agreement can also be reached orally. However, the difficulty of proving the existence of this agreement should be taken into account.

8. As a general rule, if there is another reason for terminating an employment contract (for example, a change of owner of the organization (see Article 75 of the Labor Code and commentary thereto), transfer to work for another employer or to an elected position (see Article 77 of the Labor Code and commentary to it), the employee’s refusal to continue work due to a change in the essential terms of the employment contract (see Article 74 of the Labor Code and the commentary to it), refusal to transfer to another job in accordance with a medical report, refusal to transfer due to relocation employer to another location (see Article 72.1 of the Labor Code and the commentary thereto)), priority should be given to the employee’s expression of will to resign at his own request.

An employee's submission of a written resignation letter of his own free will cannot be considered a circumstance excluding the possibility of termination of an employment contract with him at the initiative of the employer - if there are grounds for this established by law.

9. For the specifics of terminating an employment contract with an athlete on the latter’s initiative, see Art. 348.12 TC and commentary thereto.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

(as amended by Federal Laws dated June 30, 2006 N 90-FZ, dated July 2, 2013 N 185-FZ)

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Chapter 8. PARTICIPATION OF WORKERS IN MANAGEMENT OF THE ORGANIZATION

Chapter 9. RESPONSIBILITY OF THE SOCIAL PARTNERSHIP PARTIES

PART THREE

Section III. EMPLOYMENT CONTRACT
- Chapter 10. GENERAL PROVISIONS
- Chapter 11. CONCLUSION OF AN EMPLOYMENT CONTRACT
- Chapter 12. CHANGING THE EMPLOYMENT CONTRACT
- Chapter 13. TERMINATION OF AN EMPLOYMENT CONTRACT
- Chapter 14. PROTECTION OF EMPLOYEE PERSONAL DATA
Section IV. WORK TIME
- Chapter 15. GENERAL PROVISIONS
- Chapter 16. WORKING HOURS
Section V. REST TIME
- Chapter 17. GENERAL PROVISIONS
- Chapter 18. BREAKS IN WORK. WEEKENDS AND NON-WORKING HOLIDAYS
- Chapter 19. HOLIDAYS
Section VI. PAYMENT AND LABOR RATING
- Chapter 20. GENERAL PROVISIONS
- Chapter 21. SALARY
- Chapter 22. LABOR RATING
Section VII. GUARANTEES AND COMPENSATIONS
- Chapter 23. GENERAL PROVISIONS
- Chapter 24. GUARANTEES WHEN SENDING EMPLOYEES ON BUSINESS TRAVELS, OTHER BUSINESS TRAVELS AND MOVING TO WORK IN ANOTHER LOCATION (as amended by Federal Law No. 90-FZ of June 30, 2006)
- Chapter 25. GUARANTEES AND COMPENSATIONS FOR EMPLOYEES WHEN THEY PERFORM STATE OR PUBLIC DUTIES
- Chapter 27. GUARANTEES AND COMPENSATIONS FOR EMPLOYEES RELATED TO TERMINATION OF AN EMPLOYMENT CONTRACT
- Chapter 28. OTHER GUARANTEES AND COMPENSATIONS
Section VIII. LABOR ROUTINE. LABOR DISCIPLINE
- Chapter 29. GENERAL PROVISIONS
- Chapter 30. LABOR DISCIPLINE
SECTION IX. EMPLOYEE QUALIFICATIONS, PROFESSIONAL STANDARDS, TRAINING AND ADDITIONAL PROFESSIONAL EDUCATION OF EMPLOYEES (as amended by Federal Law dated May 2, 2015 N 122-FZ)
- Chapter 31. GENERAL PROVISIONS
- Chapter 32. APPEARANCE AGREEMENT
Section X. OCCUPATIONAL SAFETY
- Chapter 33. GENERAL PROVISIONS
- Chapter 34. OCCUPATIONAL SAFETY REQUIREMENTS
- Chapter 35. ORGANIZATION OF LABOR SAFETY
- Chapter 36. ENSURING WORKERS' RIGHTS TO OCCUPATIONAL SAFETY
Section XI. MATERIAL RESPONSIBILITY OF THE PARTIES TO AN EMPLOYMENT CONTRACT
- Chapter 37. GENERAL PROVISIONS
- Chapter 38. MATERIAL LIABILITY OF THE EMPLOYER TO THE EMPLOYEE
- Chapter 39. MATERIAL RESPONSIBILITY OF AN EMPLOYEE

PART FOUR

Section XII. FEATURES OF LABOR REGULATION FOR SPECIFIC CATEGORIES OF WORKERS
- Chapter 40. GENERAL PROVISIONS
- Chapter 41. FEATURES OF LABOR REGULATION FOR WOMEN AND PERSONS WITH FAMILY RESPONSIBILITIES
- Chapter 42. FEATURES OF LABOR REGULATION OF WORKERS UNDER THE AGE OF EIGHTEEN YEARS
- Chapter 43. FEATURES OF LABOR REGULATION OF THE HEAD OF THE ORGANIZATION AND MEMBERS OF THE COLLEGIAL EXECUTIVE BODY OF THE ORGANIZATION
- Chapter 44. FEATURES OF LABOR REGULATION FOR PERSONS WORKING PART-TIME
- Chapter 45. FEATURES OF LABOR REGULATION OF WORKERS WHO HAVE CONCLUDED AN EMPLOYMENT CONTRACT FOR UP TO TWO MONTHS
- Chapter 46. FEATURES OF LABOR REGULATION OF WORKERS EMPLOYED IN SEASONAL WORK
- Chapter 47. FEATURES OF LABOR REGULATION FOR PERSONS WORKING ON A Shift
- Chapter 48. FEATURES OF LABOR REGULATION OF EMPLOYEES WORKING FOR EMPLOYERS - INDIVIDUALS
- Chapter 48.1. FEATURES OF LABOR REGULATION OF PERSONS WORKING FOR EMPLOYERS - SMALL ENTERPRISE ENTITIES, WHICH ARE CLASSIFIED AS MICRO ENTERPRISES (introduced by Federal Law of July 3, 2016 N 348-FZ)
- Chapter 49. FEATURES OF REGULATION OF WORK OF HOMEWORKERS
- Chapter 49.1. FEATURES OF LABOR REGULATION FOR REMOTE WORKERS (introduced by Federal Law dated 04/05/2013 N 60-FZ)
- Chapter 50. FEATURES OF LABOR REGULATION OF PERSONS WORKING IN THE REGIONS OF THE FAR NORTH AND EQUILIBLE AREAS (as amended by Federal Law No. 90-FZ of June 30, 2006)
- Chapter 50.1. FEATURES OF LABOR REGULATION OF EMPLOYEES WHO ARE FOREIGN CITIZENS OR STATELESS PERSONS (introduced by Federal Law of December 1, 2014 N 409-FZ)
- Chapter 51. FEATURES OF LABOR REGULATION OF TRANSPORT WORKERS
- Chapter 51.1. FEATURES OF LABOR REGULATION OF WORKERS EMPLOYED IN UNDERGROUND WORK (introduced by Federal Law of November 30, 2011 N 353-FZ)
- Chapter 52. FEATURES OF LABOR REGULATION OF TEACHING STAFF
- CHAPTER 52.1. FEATURES OF LABOR REGULATION OF RESEARCHERS, MANAGERS OF SCIENTIFIC ORGANIZATIONS, AND THEIR DEPUTY (introduced by Federal Law of December 22, 2014 N 443-FZ)
- Chapter 53.1. FEATURES OF LABOR REGULATION OF WORKERS SENT TEMPORARILY BY THE EMPLOYER TO OTHER INDIVIDUALS OR LEGAL ENTITIES UNDER AN AGREEMENT ON THE PROVISION OF LABOR FOR WORKERS (PERSONNEL) (introduced by Federal Law dated 05.05.2014 N 116-FZ)
- Chapter 54. FEATURES OF LABOR REGULATION OF EMPLOYEES OF RELIGIOUS ORGANIZATIONS
- Chapter 54.1. FEATURES OF LABOR REGULATION OF ATHLETES AND COACHES (introduced by Federal Law No. 13-FZ of February 28, 2008)
- Chapter 55. FEATURES OF LABOR REGULATION OF OTHER CATEGORIES OF WORKERS

PART FIVE

Section XIII. PROTECTION OF LABOR RIGHTS AND FREEDOMS. CONSIDERATION AND RESOLUTION OF LABOR DISPUTES. RESPONSIBILITY FOR VIOLATION OF LABOR LEGISLATION AND OTHER ACTS CONTAINING LABOR LAW STANDARDS (as amended by Federal Law No. 90-FZ of June 30, 2006)
- Chapter 56. GENERAL PROVISIONS
- Chapter 57. STATE CONTROL (SUPERVISION) AND DEPARTMENTAL CONTROL OVER COMPLIANCE WITH LABOR LEGISLATION AND OTHER REGULATIVE LEGAL ACTS CONTAINING LABOR LAW NORMS (as amended by Federal Law dated July 18, 2011 N 242-FZ)
- Chapter 58. PROTECTION OF LABOR RIGHTS AND LEGAL INTERESTS OF WORKERS BY TRADE UNIONS (as amended by Federal Law No. 90-FZ of June 30, 2006)
- Chapter 59. SELF-DEFENSE OF LABOR RIGHTS BY EMPLOYEES
- Chapter 60. CONSIDERATION AND RESOLUTION OF INDIVIDUAL LABOR DISPUTES (as amended by Federal Law No. 90-FZ of June 30, 2006)
- Chapter 61. CONSIDERATION AND RESOLUTION OF COLLECTIVE LABOR DISPUTES (as amended by Federal Law No. 90-FZ of June 30, 2006)
- Chapter 62. LIABILITY FOR VIOLATION OF LABOR LEGISLATION AND OTHER ACTS CONTAINING LABOR LAW STANDARDS

PART SIX

Section XIV. FINAL PROVISIONS

Article 80 of the Labor Code of the Russian Federation. Termination of an employment contract at the initiative of the employee (at his own request)

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged issue employee a work book or provide information about work activity (this Code) with a given employer, issue other documents related to work, upon a written application from the employee and make a final settlement with him.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Early termination of a fixed-term contract

Urgent work. A contract is an agreement between an employee and an employer, concluded for a certain period of time (for example, six months). Upon expiration of the period specified in the agreement, the contract is terminated or, if continued labor relations, is transformed into an indefinite one. A fixed-term contract can be terminated on the same grounds as a regular one before its validity period ends. So, fixed-term contract terminates early:

by agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
due to circumstances beyond anyone’s control (for example, an employee being drafted into the army) (Article 83 of the Labor Code of the Russian Federation);
at the employee’s own request (Article 80 of the Labor Code of the Russian Federation);

The deadline for submitting an application when leaving on your own initiative for a fixed-term employee depends on the period of time for which his contract was concluded. So, if a fixed-term contract was signed to perform seasonal work or work lasting up to 2 months, then an application must be submitted at least 3 calendar days before the date of departure (Article 292 of the Labor Code of the Russian Federation). If the contract term is more than 2 months, then under Art. 80 of the Labor Code of the Russian Federation, the application must be submitted no later than 2 weeks in advance, that is, within the same period as for termination of regular employment. agreement. When resigning by agreement with management or due to unexpected circumstances, an employee may not work the 3-day or 2-week period required by law. But only if he reaches an agreement with management or presents a document confirming the need to urgently resign (a summons to the army, a document confirming the transfer of a spouse to another city or a transfer to study, etc.). Early dismissal of a temporary employee is formalized in the usual manner. By general rules The final cash settlement is also made. Compensation for unused vacation temporary employees are also paid. Moreover, for an employee with whom the contract was signed for less than 2 months or for a season, paid leave is calculated according to the following scheme: 2 working days for each month (Article 291 and Article 295 of the Labor Code of the Russian Federation).

Dismissal of a remote employee due to retirement

Part 1 art. 80 of the Labor Code of the Russian Federation gives employees the right to terminate their employment. agreement according to its intention, notifying management about it at least 2 weeks in advance. In this case, a different notice period may be established by the Code or Federal Law. The 2-week countdown begins the day after the manager receives the resignation letter. Exists general rule, according to which you can quit without working out only with the consent of the employer. However, there are exceptions to the rule - special circumstances provided for in Part 3 of Article 80 of the Labor Code of the Russian Federation. So, if the dismissal of an employee occurs due to the inability to continue working for objective reasons, then the employer must dismiss him within the period that the employee writes in the application. Part 3 of Article 80 of the Labor Code of the Russian Federation includes the following grounds for dismissal without service:

a documented valid reason for termination of employment - retirement, enrollment in a university, conscription into the army, etc. (the list is not closed);
proven violation by the employer of the provisions of the Labor Code of the Russian Federation, norms. acts or agreements with an employee.

Retirement is a special circumstance in connection with which an employee can put any date suitable for himself in his resignation letter on his own initiative. At the same time, judges, when considering disputes, clarify that a pensioner’s right to dismissal at a convenient time does not depend on the immediate moment of retirement (Court Ruling dated December 8, 2010 N 33-38420). An employee can take advantage of the opportunity to resign immediately after retirement, or work for some time after retirement and then resign without working for 2 weeks. That is, Part 3 of Article 80 of the Labor Code of the Russian Federation establishes for retired workers a guaranteed opportunity to go on vacation at a convenient time. But does the fact that he is a remote worker matter when dismissing an employee of retirement age? First, let's define remote work. According to Article 312.1 of the Labor Code of the Russian Federation, this is the fulfillment of the duties specified in the employment contract outside the workplace when interacting with management through means of communication (telephone, Internet). Working with remote employees is difficult. contracts that stipulate their working conditions. Labor law provisions fully apply to remote workers. Art. 3 of the Labor Code of the Russian Federation indicates the unacceptability of labor restrictions. rights and freedoms of workers due to circumstances not related to their business skills and qualities. Consequently, the fact that a pensioner works remotely cannot affect his right to resign at a convenient time. Employees working at work. distance work agreements have the same rights and obligations as full-time employees. The dismissal of a remote employee upon retirement must be formalized by management within the period specified by the pensioner in the application.

Article 80. Termination of an employment contract at the initiative of the employee (at his own request)

By agreement between the employee and the employer, the employment contract can be terminated even before the expiration of the notice period for dismissal.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.