Tk rf article 80 paragraph 3. Dismissal of one's own free will. What you need to know

Law on consumer protection Laws of the Russian Federation

Law of the Russian Federation of February 7, 1992 N 2300-I "On Protection of Consumer Rights"

(as amended June 2, 1993, January 9, 1996, December 17, 1999, December 30, 2001, August 22, November 2, December 21, 2004)

This Law regulates relations arising between consumers and manufacturers, performers, sellers in the sale of goods (performance of works, provision of services), establishes the rights of consumers to purchase goods (works, services) of adequate quality and safe for life, health, property of consumers and the environment , obtaining information about goods (works, services) and their manufacturers (executors, sellers), education, state and public protection of their interests, and also determines the mechanism for the implementation of these rights.

Basic concepts used in this Law:

consumer- a citizen who intends to order or purchase or ordering, acquiring or using goods (works, services) solely for personal, family, household and other needs not related to the implementation entrepreneurial activity; manufacturer - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur producing goods for sale to consumers; contractor - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur performing work or providing services to consumers under a reimbursable contract;

salesman- an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract; standard - state standard, sanitary norms and rules, building codes and regulations and other documents that, in accordance with the law, establish mandatory requirements for the quality of goods (works, services);

lack of goods (work, services)- non-compliance of the goods (work, service) or the mandatory requirements provided for by law or in the manner prescribed by it, or the terms of the contract, or the purposes for which the goods (work, service) of this kind are usually used, or the purposes for which the seller (executor) was notified by the consumer at the conclusion of the contract, or the sample and (or) description when selling goods according to the sample and (or) according to the description;

a significant lack of goods (work, services)- an irreparable defect or a defect that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or reappears after its elimination, or other similar disadvantages;

safety of goods (works, services)- safety of the goods (work, service) for life, health, property of the consumer and the environment under normal conditions of its use, storage, transportation and disposal, as well as the safety of the process of performing work (rendering a service).

authorized by the manufacturer (seller) an organization or an individual entrepreneur authorized by the manufacturer (seller) (hereinafter referred to as an authorized organization or an authorized individual entrepreneur) - an organization engaged in certain activities, or an organization established in the territory of Russian Federation manufacturer (seller), including a foreign manufacturer (foreign seller), performing certain functions on the basis of an agreement with the manufacturer (seller) and authorized by him to accept and satisfy the requirements of consumers in relation to goods of inadequate quality, or an individual entrepreneur registered in the territory of the Russian Federation, performing certain functions on the basis of an agreement with the manufacturer (seller), including foreign by the manufacturer (foreign seller), and authorized by him to accept and satisfy the requirements of consumers in relation to goods of inadequate quality;

importer- an organization, regardless of the legal form, or an individual entrepreneur, importing goods for their subsequent sale on the territory of the Russian Federation.

Question 112. Features of consideration of cases on disputes on consumer protection. Harm caused to life, health or property of a citizen or property legal entity due to design, prescription or other defects in the product, work or service, as well as

5. What consumer rights are provided by the Law of the Russian Federation "On Protection of Consumer Rights"? Currently, according to the Law "On the Protection of Consumer Rights", the consumer has the right: to purchase goods (works, services) of good quality and safe for life, health, property

6. What relationships are not regulated by the law "On Protection of Consumer Rights"? The Law of the Russian Federation "On Protection of Consumer Rights" does not regulate relations that arise from gratuitous civil law contracts. These relationships include the following:

7. Does the Law of the Russian Federation “On the protection of the rights of

Article 408. Consumer Rights Protection Agency (1) The offenses provided for in Articles 84, 278-281, 344-348 are established and examined by the Consumer Rights Protection Agency. (2) The Director of the Agency for

1.8. Consumer Rights Protection Cases

Law of the Russian Federation "On Protection of Consumer Rights" with sample applications: as of 2013

Chapter 6

1. Features of the application of consumer protection legislation A citizen acting in civil law relations as a consumer is always a weaker and less protected party compared to an organization (individual

5. Cases on the protection of consumer rights The seller (manufacturer), who has violated the deadline for satisfying the consumer's claim for compensation for losses caused by the termination of the contract of sale, pays the consumer for each day of delay a penalty (fine) in the amount of one

Chapter 1. Codes and consumer protection law Before talking about consumer rights, you need to understand the terms. So what is a consumer? This is a citizen who intends to buy or buys and uses goods (works, services) solely for

1.1. The main categories of consumer protection legislation The Law of the Russian Federation of February 7, 1992 No. 2300-1 “On Consumer Protection” regulates relations between a consumer - a citizen who has the intention to order or purchase, or ordering, acquiring or

3.1. Law on the Protection of Consumer Rights The Law on the Protection of Consumer Rights regulates relations between consumers and manufacturers, performers, sellers in the sale of goods (performance of work, provision of services), establishes the rights of consumers to

Law No. 2300-1 RUSSIAN FEDERATION LAW ON PROTECTION OF CONSUMER RIGHTS February 7, 1992 No. 2300-1 , dated 22.08.2004 No. 122-FZ, dated 02.11.2004 No. 127-FZ, dated 21.12.2004 No. 171-FZ, dated 27.07.2006 No. 140-FZ, dated 16.10.2006 No. 160-FZ, dated 25.11.2006 No. 193-FZ, dated

Federal Law On Consumer Rights Protection .2004 No. 127-FZ, dated 12.21.2004 No. 171-FZ, dated 07.27.2006 No. 140-FZ, dated 10.16.2006 No. 160-FZ, dated 11.25.2006 No. 193-FZ, dated 10.25.2007 No. 234- FZ, dated July 23, 2008 No. 160-FZ, dated

Federal Law of the Russian Federation

"On consumer protection"

This Law regulates relations arising between consumers and manufacturers, performers, importers, sellers in the sale of goods (performance of works, provision of services), establishes the rights of consumers to purchase goods (works, services) of adequate quality and safe for life, health, property of consumers and environment, obtaining information about goods (works, services) and their manufacturers (executors, sellers), education, state and public protection of their interests, and also determines the mechanism for the implementation of these rights.

Basic concepts used in this Law:

consumer - a citizen who intends to order or purchase or ordering, acquiring or using goods (works, services) solely for personal, family, household and other needs not related to entrepreneurial activities;

manufacturer - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur producing goods for sale to consumers;

(as amended by Federal Law No. 212-FZ of December 17, 1999)

contractor - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur performing work or providing services to consumers under a reimbursable contract;

(as amended by Federal Law No. 212-FZ of December 17, 1999)

seller - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur who sells goods to consumers under a sales contract;

(as amended by Federal Law No. 212-FZ of December 17, 1999)

paragraph is invalid. - Federal Law of December 21, 2004 N 171-FZ;

lack of goods (work, service) - non-compliance of the goods (work, service) or the mandatory requirements provided for by law or in the manner prescribed by it, or the terms of the contract (in their absence or incompleteness of the conditions with the usual requirements), or the purposes for which the goods (work , service) of this kind is usually used, or for the purposes of which the seller (executor) was informed by the consumer at the conclusion of the contract, or the sample and (or) description when selling goods according to the sample and (or) according to the description;

(as amended by the Federal Laws of December 17, 1999 N 212-FZ, of October 25, 2007 N 234-FZ)

significant defect of a product (work, service) - an unrecoverable defect or defect that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or reappears after its elimination, or other similar defects;

safety of a product (work, service) - the safety of a product (work, service) for life, health, property of the consumer and the environment under normal conditions of its use, storage, transportation and disposal, as well as the safety of the process of performing work (rendering a service);

an organization authorized by the manufacturer (seller) or an individual entrepreneur authorized by the manufacturer (seller) (hereinafter - an authorized organization or an authorized individual entrepreneur) - an organization engaged in certain activities, or an organization established in the territory of the Russian Federation by a manufacturer (seller), including a foreign manufacturer ( a foreign seller) performing certain functions on the basis of an agreement with the manufacturer (seller) and authorized by him to accept and satisfy the requirements of consumers in relation to goods of inadequate quality, or an individual entrepreneur registered in the Russian Federation, performing certain functions on the basis of an agreement with the manufacturer (seller) ), including with a foreign manufacturer (foreign seller), and authorized by him to accept and satisfy the requirements of consumers in relation to goods of inadequate quality;

importer - an organization, regardless of its organizational and legal form, or an individual entrepreneur, importing goods for their subsequent sale on the territory of the Russian Federation.

(the paragraph was introduced by Federal Law No. 171-FZ of December 21, 2004)

Chapter I. General Provisions

Article 1 Legal regulation relations in the field of consumer protection

1. Relations in the field of consumer protection are regulated Civil Code Russian Federation, this Law, other federal laws(hereinafter - laws) and other normative legal acts of the Russian Federation adopted in accordance with them.

(Clause 1 as amended by the Federal Law of December 21, 2004 N 171-FZ)

2. The Government of the Russian Federation is not entitled to instruct federal bodies executive power adopt acts containing norms on the protection of consumer rights.

The Government of the Russian Federation has the right to issue for the consumer and the seller (manufacturer, performer, authorized organization or authorized individual entrepreneur, importer) rules that are mandatory when concluding and executing public contracts (contracts for retail purchase and sale, energy supply, contracts for the performance of work and the provision of services) .

(the paragraph was introduced by Federal Law No. 171-FZ of December 21, 2004)

Article 2 International treaties of the Russian Federation

If an international treaty of the Russian Federation establishes other rules on the protection of consumer rights than those provided for by this Law, the rules of the international treaty shall apply.

Article 3 Consumer right to consumer protection education

The right of consumers to education in the field of consumer protection is ensured through the inclusion of relevant requirements in federal state educational standards and educational programs, as well as by organizing a system of consumer information about their rights and the necessary actions to protect these rights.

(as amended by Federal Law No. 185-FZ of July 2, 2013)

Article 4 Quality of goods (works, services)

1. The seller (executor) is obliged to transfer to the consumer a product (perform work, provide a service), the quality of which corresponds to the contract.

2. If there are no conditions in the contract on the quality of goods (work, services), the seller (executor) is obliged to transfer to the consumer goods (perform work, provide services) that meet the usual requirements and are suitable for the purposes for which the goods (work, service) of this kind commonly used.

3. If the seller (executor) at the conclusion of the contract was informed by the consumer about the specific purposes of acquiring goods (performance of work, provision of services), the seller (executor) is obliged to transfer to the consumer goods (perform work, provide a service) suitable for use in accordance with these goals.

4. When selling goods according to the sample and (or) description, the seller is obliged to transfer to the consumer goods that correspond to the sample and (or) description.

5. If the laws or the procedure established by them provide for mandatory requirements for a product (work, service), the seller (executor) is obliged to transfer to the consumer the product (perform work, provide a service) that meets these requirements.

(Clause 5 as amended by the Federal Law of December 21, 2004 N 171-FZ)

Article 5

1. For a product (work) intended for long-term use, the manufacturer (executor) has the right to establish a service life - the period during which the manufacturer (executor) undertakes to provide the consumer with the opportunity to use the product (work) for its intended purpose and be liable for significant shortcomings on the basis of paragraph 6 of Article 19 and paragraph 6 of Article 29 of this Law.

2. The manufacturer (executor) is obliged to establish the service life of a durable product (work), including components (parts, assemblies, assemblies), which, after a certain period, may pose a danger to the life, health of the consumer, cause harm to his property or environment.

(as amended by Federal Law No. 171-FZ of December 21, 2004)

3. The service life of a product (work) can be calculated in units of time, as well as other units of measurement (kilometers, meters and other units of measurement based on the functional purpose of the product (result of work)).

(as amended by Federal Law No. 212-FZ of December 17, 1999)

4. For food, perfumes and cosmetics, medicines, goods household chemicals and other similar goods (works), the manufacturer (executor) is obliged to establish an expiration date - the period after which the goods (work) are considered unsuitable for their intended use.

(as amended by Federal Law No. 171-FZ of December 21, 2004)

5. Sale of goods (performance of work) after the expiration of the established expiration date, as well as goods (performance of work) for which an expiration date should be set, but it is not set, is prohibited.

(as amended by Federal Law No. 212-FZ of December 17, 1999)

6. The manufacturer (executor) has the right to establish a warranty period for the product (work) - the period during which, in the event of a defect in the product (work), the manufacturer (executor), seller, authorized organization or authorized individual entrepreneur, importer are obliged to satisfy the requirements of the consumer, established by Articles 18 and 29 of this Law.

(as amended by Federal Law No. 171-FZ of December 21, 2004)

The manufacturer has the right to assume an obligation in relation to the defects of the goods discovered after the expiration of the warranty period established by him (additional obligation).

(the paragraph was introduced by Federal Law No. 171-FZ of December 21, 2004)

7. The seller has the right to establish a warranty period for the goods, if it is not established by the manufacturer.

The seller has the right to assume an obligation in respect of defects in the goods discovered after the expiration of the warranty period established by the manufacturer (additional obligation).

(Clause 7 as amended by the Federal Law of December 21, 2004 N 171-FZ)

8. The manufacturer (seller) is responsible for the defects of the goods discovered during the term of the additional obligation, in accordance with paragraph two of paragraph 6 of Article 18 of this Law, and after the expiration of the additional obligation - in accordance with paragraph 5 of Article 19 of this Law.

(Clause 8 was introduced by Federal Law No. 171-FZ of December 21, 2004)

Article 6 It is the manufacturer's responsibility to ensure repair and Maintenance goods

The manufacturer is obliged to ensure the possibility of using the product during its service life. For this purpose, the manufacturer ensures the repair and maintenance of the goods, as well as the release and supply to trade and repair organizations in the volume and assortment of spare parts necessary for repair and maintenance during the production period of the goods and after its removal from production during the service life of the goods, and in the absence of such a period within ten years from the date of transfer of the goods to the consumer.

Article 7 The right of the consumer to the safety of goods (works, services)

1. The consumer has the right to ensure that the product (work, service) under normal conditions of its use, storage, transportation and disposal is safe for the life, health of the consumer, the environment, and does not harm the consumer's property. The requirements that must ensure the safety of the goods (work, service) for the life and health of the consumer, the environment, as well as the prevention of harm to the consumer's property, are mandatory and are established by law or in the manner prescribed by it.

(as amended by Federal Law No. 212-FZ of December 17, 1999)

2. The manufacturer (executor) is obliged to ensure the safety of the goods (work) during the established service life or shelf life of the goods (work).

If, in accordance with paragraph 1 of Article 5 of this Law, the manufacturer (executor) has not established a service life for the goods (work), he is obliged to ensure the safety of the goods (work) within ten years from the date of transfer of the goods (work) to the consumer.

Harm caused to the life, health or property of the consumer due to failure to ensure the safety of the goods (work) is subject to compensation in accordance with Article 14 of this Law.

3. If for the safety of using a product (work, service), its storage, transportation and disposal, it is necessary to comply with special rules (hereinafter referred to as the rules), the manufacturer (executor) is obliged to indicate these rules in the accompanying documentation for the product (work, service), on the label , marking or otherwise, and the seller (executor) is obliged to bring these rules to the attention of the consumer.

4. If mandatory requirements are established for goods (works, services) by law or in the manner prescribed by it, ensuring their safety for the life, health of the consumer, the environment and preventing damage to the consumer's property, the compliance of goods (works, services) with these requirements is subject to mandatory confirmation in the manner prescribed by law and other legal acts.

(as amended by Federal Law No. 171-FZ of December 21, 2004)

It is not allowed to sell goods (perform work, provide services), including imported goods(works, services), without information about the mandatory confirmation of its compliance with the requirements specified in paragraph 1 of this article.

(Clause 4 as amended by the Federal Law of December 17, 1999 N 212-FZ)

5. If it is established that if the consumer observes the established rules for the use, storage or transportation of goods (work), it causes or may cause harm to the life, health and property of the consumer, the environment, the manufacturer (executor, seller) is obliged to immediately suspend its production (sale) until the causes of harm are eliminated, and, if necessary, take measures to withdraw it from circulation and withdraw it from the consumer (consumers).

If the causes of harm cannot be eliminated, the manufacturer (performer) is obliged to remove such goods (work, service) from production. If the manufacturer (executor) fails to fulfill this obligation, the authorized federal executive body shall take measures to recall such goods (work, services) from the domestic market and (or) from the consumer or consumers in the manner established by the legislation of the Russian Federation.

(As amended by the Federal Laws of December 21, 2004 N 171-FZ, of July 18, 2011 N 242-FZ)

Losses caused to the consumer in connection with the recall of goods (works, services) are subject to compensation by the manufacturer (executor) in full.

6. Has expired. - Federal Law of December 21, 2004 N 171-FZ.

Article 8 The right of the consumer to information about the manufacturer (performer, seller) and goods (works, services)

1. The consumer has the right to demand the provision of the necessary and reliable information about the manufacturer (executor, seller), the mode of his work and the goods (works, services) he sells.

2. The information specified in paragraph 1 of this article is brought to the attention of consumers in a clear and accessible form when concluding sales contracts and contracts for the performance of work (provision of services) by the methods adopted in certain areas of consumer service, in Russian, and additionally, according to at the discretion of the manufacturer (executor, seller), in the state languages of the constituent entities of the Russian Federation and native languages of the peoples of the Russian Federation.

Article 9 Information about the manufacturer (executor, seller)

1. The manufacturer (executor, seller) is obliged to inform the consumer of the trade name (name) of his organization, its location (address) and its mode of operation. The seller (executor) places the specified information on the sign.

(as amended by Federal Law No. 171-FZ of December 21, 2004)

The manufacturer (executor, seller) - an individual entrepreneur - must provide the consumer with information about state registration and the name of the body that registered it.

2. If the type of activity carried out by the manufacturer (performer, seller) is subject to licensing and (or) the performer has state accreditation, information on the type of activity of the manufacturer (performer, seller), license number and (or) certificate number must be brought to the attention of the consumer on state accreditation, the validity period of the said license and (or) certificate, as well as information on the body that issued the said license and (or) certificate.

(Clause 2 as amended by the Federal Law of October 16, 2006 N 160-FZ)

3. The information provided for in paragraphs 1 and 2 of this article must also be brought to the attention of consumers when carrying out trade, household and other types of consumer services in temporary premises, at fairs, from stalls and in other cases, if trade, household and other types consumer services are carried out outside the permanent location of the seller (executor).

Article 10 Information about goods (works, services)

1. The manufacturer (executor, seller) is obliged to provide the consumer with the necessary and reliable information about goods (works, services) in a timely manner, ensuring the possibility of their right choice. For certain types of goods (works, services), the list and methods of bringing information to the consumer are established by the Government of the Russian Federation.

2. Information about goods (works, services) must contain:

the name of the technical regulation or other designation established by the legislation of the Russian Federation on technical regulation and indicating the mandatory confirmation of the conformity of the goods;

(as amended by Federal Law No. 171-FZ of December 21, 2004)

information about the main consumer properties of goods (works, services), in relation to food products, information about the composition (including the name of food additives, biologically active additives used in the process of manufacturing food products, information about the presence in food products of components obtained using genetically engineered organisms, if the content of these organisms in such a component is more than nine tenths of a percent), nutritional value, purpose, conditions for the use and storage of food products, methods for preparing ready-made meals, weight (volume), date and place of manufacture and packaging (packaging) of food products, as well as information about contraindications for their use in certain diseases. The list of goods (works, services), information about which should contain contraindications for their use in certain diseases, is approved by the Government of the Russian Federation;

(as amended by the Federal Laws of December 21, 2004 N 171-FZ, of October 25, 2007 N 234-FZ)

the price in rubles and the conditions for the acquisition of goods (works, services), including when paying for goods (works, services) after a certain time after their transfer (fulfillment, rendering) to the consumer, the full amount payable by the consumer, and the repayment schedule for this amount;

(As amended by Federal Law No. 363-FZ of December 21, 2013)

warranty period, if any;

(as amended by Federal Law No. 212-FZ of December 17, 1999)

rules and conditions for the efficient and safe use of goods (works, services);

information on the energy efficiency of goods in respect of which the requirement for the availability of such information is determined in accordance with the legislation on energy saving and on improving energy efficiency;

(paragraph introduced by Federal Law No. 261-FZ of November 23, 2009)

the service life or shelf life of goods (works) established in accordance with this Law, as well as information about the necessary actions of the consumer after the expiration of the specified periods and possible consequences if such actions are not taken, if the goods (works) after the expiration of the specified periods pose a danger to life, health and property of the consumer or become unsuitable for its intended use;

address (location), company name (name) of the manufacturer (executor, seller), authorized organization or authorized individual entrepreneur, importer;

(as amended by Federal Law No. 234-FZ of October 25, 2007)

information on the mandatory confirmation of the conformity of goods (works, services) specified in paragraph 4 of Article 7 of this Law;

(as amended by Federal Law No. 212-FZ of December 17, 1999)

information on the rules for the sale of goods (performance of work, provision of services);

an indication of a specific person who will perform the work (provide a service), and information about him, if it matters, based on the nature of the work (service);

an indication of the use of phonograms in the provision of entertainment services by performers of musical works.

(paragraph introduced by Federal Law No. 212-FZ of December 17, 1999)

If the product purchased by the consumer was in use or a defect (shortcomings) was eliminated in it, the consumer must be provided with information about this.

3. The information provided for in paragraph 2 of this article is brought to the attention of consumers in the technical documentation attached to goods (works, services), on labels, markings or in another way accepted for certain types goods (works, services). Information on the mandatory confirmation of conformity of goods shall be submitted in the manner and in the manner established by the legislation of the Russian Federation on technical regulation, and includes information on the number of the document confirming such conformity, on its validity period and on the organization that issued it.

(As amended by the Federal Laws of December 17, 1999 N 212-FZ, of December 21, 2004 N 171-FZ)

The paragraph is invalid. - Federal Law of December 21, 2004 N 171-FZ.

Article 11 Mode of operation of the seller (executor)

1. Mode of operation of public, municipal organizations trade, household and other types of customer service is established by decision of the executive authorities of the constituent entities of the Russian Federation and local governments, respectively.

2. The mode of operation of organizations operating in the areas of trade, household and other types of consumer services and not specified in paragraph 1 of this article, as well as individual entrepreneurs installed by them.

3. The mode of operation of the seller (executor) is brought to the attention of consumers and must comply with the established one.

Article 12

(as amended by Federal Law No. 171-FZ of December 21, 2004)

1. If the consumer is not given the opportunity to immediately receive information about the product (work, service) upon conclusion of the contract, he has the right to demand from the seller (executor) compensation for losses caused by unreasonable evasion from concluding the contract, and if the contract is concluded, within a reasonable time to refuse it performance and demand a refund of the amount paid for the goods and compensation for other losses.

(as amended by Federal Law No. 171-FZ of December 21, 2004)

In case of refusal to fulfill the contract, the consumer is obliged to return the goods (the result of work, services, if possible by their nature) to the seller (executor).

(as amended by Federal Law No. 171-FZ of December 21, 2004)

(Clause 1 as amended by Federal Law No. 212-FZ of December 17, 1999)

2. The seller (executor), who has not provided the buyer with complete and reliable information about the goods (work, service), shall be liable, provided for in paragraphs 1 - 4 of Article 18 or paragraph 1 of Article 29 of this Law, for the shortcomings of the goods (work, service) that have arisen after its transfer to the consumer due to the lack of such information.

(Clause 2 was introduced by Federal Law No. 212-FZ of December 17, 1999)

3. When harm is caused to the life, health and property of the consumer due to failure to provide him with complete and reliable information about the product (work, service), the consumer has the right to demand compensation for such harm in the manner prescribed by Article 14 of this Law, including

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 initiative (on own will) 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, 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 unless another employee is 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 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.

Related publications

Application for resignation of one's own free will (sample)
Termination of the employment contract at the initiative of the employee
Dismissal of one's own free will in 2020, the procedure and nuances

Article 80 of the Labor Code of the Russian Federation refers to the procedure for terminating an employment contract at the initiative of an employee. In accordance with Article 80 of the Labor Code of the Russian Federation, an employee is obliged to notify the employer of his dismissal at least two weeks in advance, after which he has the right to stop working and receive a work book and full payment. The text of Article 80 of the Labor Code of the Russian Federation also stipulates cases of termination of an employment contract before the expiration of the notice of dismissal, in particular, in cases of retirement, enrollment in an educational organization or violation of labor laws by the employer.

Thank you! Your application has been accepted, our specialist will contact you shortly.

Question

I got a job at the company 2 weeks ago. When applying for a job, a probationary period of 3 months was stipulated. Throughout my time at the company, I was also reminded every day of my probationary period. I don't like the job at all. They didn't give me an employment contract. I would like to retire soon. Do I have to work a 2-week period after writing a letter of resignation?

Lawyer's response:

In accordance with applicable law, if during the period probationary period the employee decides that the work performed is not suitable for him, then he has the right to terminate the employment contract at his own request. At the same time, in accordance with Article 71 of the Labor Code of the Russian Federation, he is obliged to notify the employer of his decision 3 days in advance. However, it must be taken into account that the text of the employment contract you signed may not contain a clause on establishing a probationary period for you. In this case, the law (Article 80 of the Labor Code of the Russian Federation) provides for the obligation of the employee to notify the employer of the desire to quit 2 weeks in advance. Thus, it is advisable to first study the terms of the employment contract signed by you. You can claim it from the company's management by writing a statement and referring to Article 62 of the Labor Code of the Russian Federation.

Question

An employee of the enterprise, acting under duress from the employer, issued and handed over to the employer a letter of resignation of his own free will with the date of dismissal coinciding with the day the application was written. However, neither on that day, nor a week later, the dismissal did not take place. Does the application for dismissal lose force in such a situation?

Lawyer's response:

No, it doesn't. According to Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate an employment contract subject to a written warning from the employer no later than 2 weeks in advance. During these two weeks, the employee can cancel his letter of resignation at any time.

Question

The company is being liquidated. Employees are required to write letters of resignation of their own free will. How to proceed?

Lawyer's response:

For the most profitable option the termination of employment contracts due to the liquidation of the company should be recognized. This option involves making payments of a compensatory nature (Article 178 of the Labor Code of the Russian Federation). If resignation letters of your own free will have already been written, you should not worry. According to Art. 80 of the Labor Code of the Russian Federation, before the expiration of the notice of dismissal, employees have the right to withdraw their applications at any time. Termination of contracts in this case is not performed (with the exception of cases when other employees have already been invited to the place of employees in writing, who cannot be refused an employment contract). Therefore, as soon as possible, you should withdraw your resignation letters of your own free will by sending to the employer valuable letters with attachment descriptions and receipt notices.

Question

The manager rudely humiliated the employee and forced her to write a letter of resignation of her own free will. In fact, the employee does not want to quit. Can an employee be fired if she is not on maternity leave and the child is under 3 years of age?

Lawyer's response:

Termination of labor contracts with women with children under 3 years of age, in accordance with Part 4 of Art. 261 of the Labor Code of the Russian Federation, at the initiative of the employer is unacceptable. An exception should be recognized as dismissal in accordance with paragraphs 1, 5 - 8, 10, 11 of Art. 81 of the Labor Code of the Russian Federation or clause 2 of Art. 336 of the Labor Code of the Russian Federation. If there is evidence that the employee was forced to write a letter of resignation of her own free will, an effective form of protection would be to contact the prosecutor's office or the GIT.

Official text:

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 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.

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.

Lawyer's comment:

This article defines the procedure and conditions for terminating an employment contract at the initiative of an employee (at his own request), concluded both for an indefinite period and for an urgent one. The previous norm (Article 32 of the Labor Code) provided for the termination of a fixed-term employment contract, but if there were good reasons. According to the Labor Code, an employee has the right to terminate an employment contract (including a fixed-term one) by notifying the employer in writing two weeks in advance. Termination of the employment contract at the initiative of the 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" of paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

Article 80 Labor Code supplemented by a provision according to which the specified period begins on the day after the employer receives the employee's application for dismissal. In accordance with paragraph 2 of Article 80, by agreement (agreement) between the employee and the employer, the employment contract may be terminated even before the expiration of the term for the notice of dismissal. However, if the parties have not agreed on a specific warning period (within a two-week period), the employee is obliged to work out the established two-week period. If a specific date of dismissal is not indicated in the application for dismissal, then the employer does not have the right to dismiss the employee until two weeks have passed after the application was submitted by him or before the expiration of the period specified in the application. As well as the employee is not entitled to leave work without permission without notice of dismissal or before the expiration of the warning period. Such abandonment of work may be considered as a violation labor discipline with corresponding adverse consequences for the worker.

The employee can terminate the employment contract at his own will at any time (including while on vacation, during a period of temporary disability, on a business trip, since the purpose of such a statement is to warn the employer about the dismissal so that he has the opportunity to select a new employee). In cases where the employee’s application for dismissal is due to the inability to continue working (hiring him for full-time education, retirement, transfer of a spouse to another locality, etc.), as well as in cases where the employer has violated the law or other regulatory legal acts on labor, the terms of an employment or collective contract, agreement, the employer is obliged to terminate the employment contract within the period specified by the employee. 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, the CCC, the court (paragraph 2, subparagraph "b" of paragraph 22 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17 .2004 No. 2).

Demanding the immediate termination of the employment contract (or within the period specified by the employee), the employee must provide evidence indicating the impossibility of continuing work (for example, an order to enroll in full-time education at a university or an order (instruction) of the employer to send a pregnant woman or a minor on a business trip) . The main purpose of the notice of dismissal, on the one hand, is to enable the employer to select a new employee to replace the dismissed one, and on the other hand, to provide the employee with the opportunity to reconsider his decision to dismiss. Part 4 of Article 80 establishes the right of the employee to withdraw his application before the expiration of the warning period, except when another employee is invited in writing to take his place, who cannot be refused employment (). Thus, the employee can withdraw his application at any time (except in the specified case), and the employer can return it to the employee.

After the warning period has expired, the employer has no right to detain the employee. In practice, there are cases of illegal refusal to dismiss an employee, despite the expiration of the warning period (for example, the employee did not hand over the material values or has a financial debt, etc.). The legislator has clearly defined that the last day of work is considered the day of termination of the employment contract, and on this day the employee must be issued a work book, other documents related to work, at the written request of the employee, and the final settlement is made with him (Article 140 of the Labor Code). If the employer has not dismissed the employee after the expiration of the warning period, he has the right not to go to work. In accordance with article 234 of the Labor Code, the employee is paid the wages he did not receive for the time of illegal deprivation of his opportunity to work, since he cannot take another job without a work book.

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. In essence, this rule provides for the right of the employee and the employer to maintain the validity of the employment contract. In this case, no additional agreements are required. Article 80 does not provide for the obligation of the employee to indicate the reason for dismissal. However, in some cases, the legislator associates the reason for dismissal with the provision of certain benefits and guarantees to the employee. In such cases, the reason for dismissal must be indicated (for example, upon dismissal of one’s own free will in connection with the husband’s (wife’s) moving to work in another locality or leaving for an old-age retirement pension, the employee retains uninterrupted work experience, regardless of the duration of the break in work (according to general rule continuous experience is maintained for three weeks)).

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 of the employment contract at the initiative of the employee (at his own request) (current version)

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

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 issue a work book to the employee or provide information about labor activity (Article 66.1 of this Code) with this employer, issue 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.

BB code
Text

Document URL [copy ]

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 at his own request no later than two weeks in advance (the head of the organization - one month in advance) 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 labor relation. 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 very termination of the employment contract 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. Judicial practice also testifies to this. 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 to terminate the employment contract before the expiration of the term for the notice of dismissal (Overview of the cassation practice in civil cases Supreme Court Republic of Buryatia for 12 months of 2006 dated October 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 of 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(job title).

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 of the Labor Code of the Russian Federation provides 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-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...