How to make a dismissal?
Many employers try to formalize the dismissal of an employee “on their own will,” even if the true reasons are different. But even in this case it is necessary to do it correctly, in accordance with the current legislation. Otherwise, you can not avoid problems with all sorts of services.
So, let's deal with all the nuances of how to arrange the dismissal of an employee.
An employee who is to be dismissed on his own will must write a statement. It is written in any form, but must necessarily contain the name of the employee and his position. In accordance with the current rules, the employee may not request to issue a dismissal earlier than after 14 days, except in a few cases. If it becomes necessary to do this earlier, the application should be dated backwards so that at least 14 days pass between the date of writing and the date of dismissal. Date must be present on your application.
Exceptional cases of dismissal before the expiration of 14 days:
- violation by the employer of the terms of the contract.
In order for everything to be done correctly, the employer must do the following:
- To issue an order for dismissal, which is done according to the established pattern (Form T8 or T8a (for several employees). It must contain the wording “of your own will, clause 3, part 1, article 77 of the Labor Code of the Russian Federation.” This order must be shown to a resigning person. With his signature he must confirm the fact that the order has been read and understood.
- Make a corresponding entry in the workbook indicating the number of the order. The issuance of employment records should be made on the day of dismissal;
- To pay the employee all of the payable wages, confirming this fact with a document (Form T-61);
- When maintaining the forms T2 or T-54 / 54a, they also make notes about the dismissal;
- If an employee needs any documents related to his activity, they (copies) must be issued.
- The employee owed the employer. The employer does not have any legal basis to forcibly keep a person at work until the moment of settlement with debts. This is contrary to the labor code.But you have the legal right to demand from the employee the debt through the court, but after the dismissal.
- Transfer of employee affairs to another person. Some posts provide for the mandatory transfer of current affairs to another person in case of dismissal, transfer to another position. For non-compliance it is allowed to arrange a disciplinary sanction, but it is impossible to prevent the departure from work.
- The worker changed his mind. If the date of dismissal has not yet arrived, the applicant may write an appeal to the employer and withdraw it. But even if this date has come, and the contract has not been terminated, then its effect can continue without additional agreements. There is one nuance when an employer can still insist on leaving work - if another person has already been invited to write the place of the employee who wrote the application, and this person belongs to the category of persons who, under current legislation, cannot be denied entering into an employment contract .
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