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Labor Code, part 1, article 80. Dismissal of one's own free will - registration rules and disputes. Application deadlines

Labor Code, N 197-FZ | Art. 80 of the 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 own will) (current edition)

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

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

In cases where the employee's application for dismissal on his own initiative (of his own free will) 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 law and other regulatory legal acts containing norms labor law, local regulations, the terms of the collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited in his place in writing, who, in accordance with this Code and other federal laws cannot refuse to conclude an employment contract.

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer must 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 the work, at the written request of the employee and make the final settlement with him.

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

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Commentary on Art. 80 of the Labor Code of the Russian Federation

1. Article 80 establishes the general (uniform) procedure and conditions for terminating, on the initiative of the employee, 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 good reasons for him. The employee has the right to terminate at his own request any employment contract at any time. He is only obliged to notify the employer in writing no later than two weeks in advance. The head of the organization is obliged to warn the employer (the owner of the property of the organization or his representative) in writing about the early termination of the employment contract no later than one month in advance (see comments to Article 280). An employee who has concluded an employment contract for a period of up to two months, as well as an employee engaged in seasonal work, must notify the employer in writing of the early termination of the employment contract three months in advance. calendar days(See comments to Articles 292, 296).

2. The written form of the application for dismissal is obligatory. An oral statement by an employee about the termination of an employment contract cannot be the basis for the employer to issue an appropriate dismissal order. The obligation of the employee stipulated by the Labor Code to notify the employer of the termination of the employment contract of his own free will no later than two weeks (the head of the organization - one month) means that he can do this for a longer period. Two weeks (month) is the minimum period for 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 application for dismissal. So, if the 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 (the day of dismissal) (see comments 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 may be terminated even before the expiration of the established notice period. At the same time, 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 consent of the employer to the dismissal has legal significance and without such consent the employment contract cannot be terminated (see comments to Article 78). In the case when the employee himself expressed a desire to terminate the employment relationship and asks to dismiss him before the expiration of the established notice period, the consent of the employer to the termination of the employment contract itself has no legal significance. It matters only for determining the specific date of dismissal, because. the employee asks to be dismissed before the expiration of the period established for the notice of dismissal at his own request. 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 paragraph 3 of Art. 77 Labor Code on the day determined by the parties.

The agreement of the parties on early (before the expiration of the 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 applied for dismissal from a specific date. A verbal agreement between the parties cannot be evidence of such an agreement. This is also evidenced by arbitrage practice. Thus, the Supreme Court of the Republic of Buryatia rightfully declared unfounded the decision of the Railway Court, which refused c. L. was reinstated at work, 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 of dismissal. Therefore, on the basis of this statement, it cannot be concluded that there was a bilateral agreement on termination of the employment contract before the expiration of the notice of dismissal (Review of the cassation practice in civil cases of the Supreme Court of the Republic of Buryatia for 12 months 2006 of 10/19/2007).

If the employer has not agreed to terminate the employment contract before the expiration of the warning 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 arbitrarily left work may be dismissed for absenteeism. In turn, the employer does not have the right to dismiss the employee before the expiration of two weeks after the filing of 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 period of notice, the employee retains his workplace(position).

4. If the employee's application for dismissal of his own free will 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 service, and other cases), the employer is obliged to terminate the employment contract within the period specified in the employee's application.

The same obligation arises for the employer also 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. At the same time, it must be borne in mind that these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, commissions on labor disputes, the court (paragraph 22 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

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

  • Decision of the Supreme Court: Definition N 20-KG17-7, Judicial Collegium for Civil Cases, cassation

    Part 4 of Article 80 Labor Code Russian Federation it is stipulated that before the expiration of the term of the notice of dismissal, the employee has the right to withdraw his application at any time ...

  • Decision of the Supreme Court: Determination N 78-KG14-12, Judicial Collegium for Civil Cases, cassation

    Meanwhile, the Judicial Board finds the plaintiff's arguments erroneous, based on the incorrect application of substantive law, and the court's conclusions are relevant to the circumstances of the case and the provisions of paragraph 3 of the first part 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 terminating an employment contract is the termination of an employment contract at the initiative of an employee ...

  • Decision of the Supreme Court: Determination N 5-KG13-155, Judicial Collegium for Civil Cases, cassation

    Termination of an employment contract at one's own will (Article 80 of the Labor Code of the Russian Federation) is the realization of the right guaranteed to the employee to free choice of labor and does not depend on the will of the employer ...

+More...

The text of article 80 of the Labor Code of the Russian Federation in a new edition.

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

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

In cases where the employee’s application for dismissal on his own initiative (of his own free will) 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 norms of 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.

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

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

If the employment contract has not been terminated after the expiration of the term of notice of dismissal 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 on Art. 80 of the Labor Code of the Russian Federation

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

§ 1. Article 80 of the Labor Code gives the employee the right, on his 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 application for dismissal. This provision reflects the principle of freedom of labor and freedom of labor contract.

§ 2. An employment contract may be terminated by an agreement between an employee who has submitted a voluntary resignation letter and an employer even before the expiration of the notice period for dismissal.

§ 3. In cases where the employee's application for dismissal is due to the impossibility of continuing work (hiring him for full-time study at a university or other educational institution, retirement, transfer of a spouse to another locality and other good reasons), as well as in case of violation by the employer of labor the rights of the employee, the terms of the employment or collective contract, 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/her application at any time before the expiration of the notice period, except for the case when an employee from another organization is invited in writing to take his place, who cannot be refused employment in accordance with Art. 64 of the Labor Code (see commentary to it). The employer is obliged (except for the specified case) to cancel the application of the employee (to 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 clause 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 labor the contract is considered extended.

If an employee under the age of 18 has submitted an application for dismissal, the commission on minors' affairs must be notified of 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 commentary thereto).

The employer does not have the right, without the consent of the employee, to dismiss him on the application submitted by him before the expiration of the notice period. He cannot fire him under Art. 80 of the Labor Code, if there is no written statement from the employee about this.

§ 7. After the notice period has expired, if the employer does not dismiss the employee for some reason (which is often found in practice), the latter may leave the job. The employer is obliged to issue him a work book and make settlements with him. Otherwise, according to Art. 234 of the Labor Code, the employee is paid the earnings that he did not receive for the time of illegal deprivation of his opportunity to work, since he cannot enter 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 the basis for dismissal (appeared at work in a state of intoxication, etc.).

In case of dismissal of a temporary and seasonal employee at his own request, the notice period is three calendar days.

§ 9. The notice period is calculated from the day following the submission of the application by the employee. If the last day of the notice period falls on a non-working day, the expiration date of the notice period is the next business day following it. On the last day of work, the employer is obliged to issue a dismissal and make a calculation, issue a work book to the employee with a completed record on the grounds for dismissal.

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

§ 11. Those sentenced to corrective labor without deprivation of liberty during the period of their serving cannot be dismissed of their own free will without permission in writing from the criminal correctional inspection (Article 40 of the Penal Code of the Russian Federation).

The next commentary on article 80 of the Labor Code of the Russian Federation

If you have questions under Art. 80 of the Labor Code, you can get legal advice.

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

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

In practice, it is not uncommon for an employer to delay making settlements with an employee and issuing a work book to him, arguing that the employee did not fill out the so-called bypass sheet, did not pass the material values etc. This kind of practice is not provided for by labor legislation, and therefore is illegal. Moreover, after the expiration of the term of notice of dismissal, the employee has the right to stop working, and the employer is obliged to issue him on the day of dismissal (the last day of work) a work book and, upon a written request from the employee, copies of documents related to work, as well as pay all amounts due to him from the employer (see articles 62, 140 of the Labor Code and commentary to them).

3. Termination of the 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 for his intention to terminate the employment contract is significant, he can indicate it in his letter of resignation. Accordingly, this reason is indicated in the order to terminate the employment contract, on the basis of which an entry is made in the work book of the employee.

4. Supreme Court The Russian Federation draws the attention of the courts to the need to proceed from the fact that termination of an employment contract at the initiative of an employee is permissible in the case when the filing of an application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a letter of resignation of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee (subparagraph "a", paragraph 22 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2 " On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation). However, the threat of the employer to terminate the contract with him on his own initiative cannot be considered as forcing the employee to resign at his own request, provided that the employer had the grounds for this, provided for by law (see article 81 of the Labor Code and commentary to it).

5. If, before the expiration of the notice period for terminating the employment contract, the employee refused to be dismissed of his own free will, he is considered not to have submitted an application and cannot be dismissed on the grounds under consideration. An exception is the case when another employee is invited in writing to replace the resigning employee, who, by virtue of the law, cannot be refused to conclude an employment contract. The wording of the commented article is quite unambiguous: only those cases are meant when another employee is invited to take the place of an employee leaving of his own free will, moreover, in writing, i.e. a person employed by another employer, dismissed in the order of transfer to this employer (see article 72, paragraph 5 of article 77 of the Labor Code and commentary to them). Accordingly, all other guarantees established by law for concluding an employment contract (see Article 64 of the Labor Code and the commentary thereto) do not apply to the situation provided for by the commented article. For example, a voluntary resignation letter cannot be denied to an employee on the grounds that the job is to be filled by a pregnant woman who is 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 day the vacation begins, if another employee is not invited to his place in the order of transfer (see Article 127 of the Labor Code and commentary to it ). In the event that during the period of being on vacation a temporary disability of the employee has occurred, as well as for other valid reasons, the vacation is subject to extension by the appropriate number of days (see Article 124 of the Labor Code and the commentary to it), while the day of dismissal is considered the last day of vacation. However, if the employee insists on terminating the employment contract from the originally determined date, his claim must be satisfied.

Since the law provides for a mandatory written form for filing a voluntary resignation application, it should be assumed that the employee's will to cancel this application should be expressed in the same form.

6. If after the expiration of the termination notice period, the employment contract has not been terminated and the employee does not insist on dismissal, then the contract continues. Thus, the fact of the expiration of the work period by the employee excludes the possibility for the employer to terminate the employment contract on the basis in question, if "the employee does not insist on dismissal." The last wording is broad and vague. It should be assumed that it covers the case when, after the expiration of the term of notice of dismissal, the employee went to work and was admitted to it (that is, continued to fulfill the obligations 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 admitted to it, however, the employer delayed the issuance of a work book, other documents required by the employee related to work, as well as making settlements with him.

The forms in which an employee can "insist on dismissal" are not defined by law. The most obvious is the termination of work after the expiration of the termination notice; however, the will of the employee in other forms is not excluded during the continuation of work. In the latter case, the dismissal must be carried out within other terms agreed by the parties.

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

7. The period of notice by the employee of 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 in writing no later than two weeks in advance. Therefore, a notice of dismissal of one's own free will can be made earlier than two weeks in advance.

A temporary or seasonal worker must notify the employer of this three days in advance (see Articles 292, 296 of the Labor Code and commentary thereto). The same period is provided for when an employee is dismissed of his own free will during the test period (see article 71 of the Labor Code and commentary thereto). The head of the organization has the right to terminate the employment contract ahead of schedule 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 commentary thereto). The expiration of the term begins the next day after the calendar date, which determines the submission of the application (see Article 14 of the Labor Code and commentary thereto).

The absence of an employee at work for good reasons (for example, in connection with the onset of temporary disability) is not a basis for extending the period of working out upon dismissal of one's own free will. At the same time, the employee's refusal to dismiss may be declared by the employee during the period of 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 having worked out 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, article 81 of the Labor Code). At the same time, judicial practice proceeds from the fact that an arbitrary, without agreement with the employee, reduction by the employer of the term of working off or dismissal without working off gives the employee a reason to demand reinstatement at work with payment for forced absenteeism.

There is one exception to this rule, when the reduction of the term 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 commentary thereto).

The fact that an employer violates laws and other regulatory legal acts containing labor law norms, the terms of a collective agreement, an agreement or an 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 exercising state supervision and control over compliance with labor legislation, trade unions, CCC, the court (subparagraph "b", paragraph 22 of the Decree of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2). In these cases, the employer is obliged to terminate the employment contract within the period requested by the employee.

In all other cases, regarding the termination of the employment contract at the initiative of the employee without working off the period established by law or with a reduction in this period, the consent of the parties must be reached (subparagraph "b", paragraph 22 of the Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2). It can be expressed in the form of a written statement of the employee about the dismissal of his own free will, indicating in it the conditions for dismissal without working off or with a reduced term of working off, or the corresponding order of the employer containing the signature of the leaving employee. Since the Labor Code does not provide for a form of agreement between the employee and the employer regarding the period of working out upon dismissal of one's own free will, such an agreement can also be reached orally. However, one should take into account the difficulty of proving the existence of this agreement.

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

Submission by an employee of a written application for dismissal of his own free will cannot be considered a circumstance excluding the possibility of terminating an employment contract with him at the initiative of the employer - if there are grounds for this established by law.

9. On the specifics of termination of an employment contract with an athlete at the initiative of the latter, see Art. 348.12 of the Labor Code and commentary to it.

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

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

In cases where the employee’s application for dismissal on his own initiative (of his own free will) 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 norms of 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.

(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 185-FZ of 02.07.2013)

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

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

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

  • Chapter 8. PARTICIPATION OF EMPLOYEES IN THE MANAGEMENT OF THE ORGANIZATION
  • Chapter 9. RESPONSIBILITY OF THE PARTIES OF SOCIAL PARTNERSHIP
  • PART THREE
  • PART FOUR
    • Section XII. FEATURES OF LABOR REGULATION OF CERTAIN CATEGORIES OF EMPLOYEES
      • Chapter 40. GENERAL PROVISIONS
      • Chapter 41
      • Chapter 42
      • Chapter 43
      • Chapter 44
      • Chapter 45
      • Chapter 46
      • Chapter 47
      • Chapter 48
      • Chapter 48.1. PECULIARITIES OF LABOR REGULATION OF PERSONS WORKING FOR EMPLOYERS - SMALL BUSINESS ENTITIES, RELATED TO MICRO-ENTERPRISES (introduced by Federal Law of 03.07.2016 N 348-FZ)
      • Chapter 49
      • Chapter 49.1. FEATURES OF REGULATION OF THE LABOR OF REMOTE WORKERS (introduced by the Federal Law of 05.04.2013 N 60-FZ)
      • Chapter 50
      • Chapter 50.1. PECULIARITIES OF LABOR REGULATION OF EMPLOYEES WHO ARE FOREIGN CITIZENS OR STATELESS PERSONS (introduced by Federal Law No. 409-FZ of December 1, 2014)
      • Chapter 51
      • Chapter 51.1. PECULIARITIES OF LABOR REGULATION OF EMPLOYEES EMPLOYED IN UNDERGROUND WORKS (introduced by Federal Law No. 353-FZ of November 30, 2011)
      • Chapter 52
      • CHAPTER 52.1. PECULIARITIES OF REGULATION OF THE LABOR OF SCIENTIFIC WORKERS, HEADS OF SCIENTIFIC ORGANIZATIONS AND THEIR DEPUTIES (introduced by Federal Law No. 443-FZ of December 22, 2014)
      • Chapter 53.1. PECULIARITIES OF REGULATION OF THE LABOR OF EMPLOYEES SENT TEMPORARYLY BY THE EMPLOYER TO OTHER INDIVIDUALS OR LEGAL ENTITIES UNDER THE LABOR AGREEMENT FOR EMPLOYEES (PERSONNEL) (introduced by Federal Law of 05.05.2014 N 116-FZ)
      • Chapter 54
      • Chapter 54.1. PECULIARITIES OF LABOR REGULATION OF ATHLETES AND COACHES (introduced by Federal Law No. 13-FZ of February 28, 2008)
      • Chapter 55
  • PART FIVE
  • PART SIX

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

    The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

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

    In cases where the employee’s application for dismissal on his own initiative (of his own free will) 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 norms of 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.

    Prior to the expiration of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out if another employee is not invited in writing to take his place, who, in accordance with this Code and other federal laws may not be denied the conclusion of an employment contract.

    Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer must extradite to the employee a work book or provide information about labor activity (of this Code) with this employer, issue other documents related to work, at the written request of the employee and make a final settlement with him.

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

    Early termination of a fixed-term contract

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

    • by agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
    • due to circumstances beyond anyone's control (for example, conscription of an employee 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 filing an application for leaving on one's own initiative for a conscripted employee depends on the period for which his contract was concluded. So, if a fixed-term contract was signed for 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 term of the contract is more than 2 months, then according to Art. 80 of the Labor Code of the Russian Federation, an application is submitted no later than 2 weeks in advance, that is, on the same date as when terminating ordinary work. contracts. When leaving by agreement with the management or due to unexpected circumstances, the employee may not work out the 3-day or 2-week period prescribed by law. But only if he reaches an agreement with the management or presents a document confirming the need to urgently quit (a summons to the army, a document on the transfer of a spouse to another city or on sending him to study, etc.). Early dismissal of a temporary employee is processed in the usual manner. By general rules final payment is 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, the calculation of paid leave is carried out according to the 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 labor. agreement of their intention, notifying the management of this at least 2 weeks in advance. In this case, a different notice period may be established by the Code or the Federal Law. The countdown of 2 weeks begins the next day after the manager receives the letter of resignation. Exists general rule, according to which you can quit without working off 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 work further 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 working off:

    • documented valid reason for termination of employment - retirement, enrollment in a university, conscription, 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 contracts with employees.
    Retirement is a special circumstance in connection with which an employee can put any date suitable for himself in the letter of resignation on his own initiative. At the same time, judges, considering disputes, clarify that the right of a pensioner to be dismissed at a convenient time does not depend on the immediate moment of retirement (Court ruling of 08.12.2010 N 33-38420). An employee can take the opportunity to leave immediately after retirement, or work for some time after retirement, and then quit without working for 2 weeks. That is, part 3 of article 80 of the Labor Code of the Russian Federation establishes a guaranteed opportunity for retired workers 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 duties prescribed in the employment contract outside the workplace when interacting with management through means of communication (telephone, Internet). Work is done with remote employees. contracts that spell out their working conditions. The effect of labor law in full extends to remote workers. Art. 3 of the Labor Code of the Russian Federation indicates the unacceptability of labor restrictions. rights and freedoms of employees due to circumstances not related to their business skills and qualities. Therefore, the fact that a pensioner works remotely cannot affect his right to quit at a convenient time. Labor employees. remote work contracts have the same rights and obligations as full-time employees. The dismissal of a remote employee upon retirement must be formalized by the management within the time period specified by the retiree in the application.

    Article 80

    The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless another period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee's application for dismissal.

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

    In cases where the employee’s application for dismissal on his own initiative (of his own free will) 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 norms of 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.

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

    Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to give the employee a work book, other documents related to work, at the written request of the employee, and make the final settlement with him.

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

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