State labor inspectorate mari el. Labor inspection in Yoshkar-Ola (Republic of Mari El)
It would seem that it could be easier layoffs on on their own? The employee submits an application, the personnel officers draw up the dismissal. However, even here questions sometimes arise. Let's figure it out.
On the one hand, HR departments are doing everything possible to reduce staff turnover, using various tools to minimize the number of layoffs among those employees who are suitable for the organization. On the other hand, when it becomes clear that the employee has not "got accustomed", the actions of the personnel officers become diametrically opposite - the employee is given to understand that it is time for him to leave the organization. At the same time, it is especially important to formalize the dismissal in accordance with the law and to avoid mistakes.
Consider how to properly fire an employee of your own free will.
STEP 1: WE RECEIVE A STATEMENT OF DISMISSAL FROM THE EMPLOYEE AND CHECK IF THERE ARE ANY SPECIAL WARNING TIME
The decision to quit voluntarily must be made by the employee voluntarily. If the management of the organization urges the employee to write a statement “of his own free will”, threatening to be fired under the article (for absenteeism, professional incompetence, etc.), the employee can go to court and prove that he was forced to write a letter of dismissal.
If an employee is disposed to a conflict, it is better to talk about his dismissal in the presence of witnesses loyal to the employer who, if the employee goes to court, will be able to confirm that no pressure was exerted on the employee.
So the employee decided to quit. Now you need to write a statement. In accordance with part one of Art. 80 Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation) the employee has the right to terminate an employment contract if he warned the employer in writing.
The employee writes a letter of resignation of his own free will in any form. But there are points that need to be checked so that problems do not arise in the future.
WE CHECK THE STATEMENT FOR CORRECTNESS
■ The employee must write the application himself. Both forms and handwritten statements are suitable - the main thing is that the signature is handwritten.
If the employee did not write the application or another person wrote a statement for the employee (for example, a relative or a human resources specialist), this will be a violation and may lead to reinstatement at work (see, for example, the Appellate ruling of the Nizhny Novgorod Regional Court of March 29, 2016 in case No. 33-3645 / 2016). If an employee cannot appear to write a letter of resignation, he must issue a notarized power of attorney for someone or send the application by mail.
■ The application must contain a clear request for dismissal(“I ask you to fire”, “I ask you to terminate the employment contract,” etc.). It happens that employees write complaints about working conditions, and the employer perceives this complaint as a request for dismissal. Therefore, if you received such a document, ask the employee to clarify (and add) what exactly he asks - to dismiss him or to pay attention to the problems that, in his opinion, have arisen.
■ The employer must have exactly the original application, copy or scan will not work. If the original letter of resignation is lost, then it is also unlikely that it will be possible to prove the legality of the dismissal (see, for example, the Appellate ruling of the Moscow Regional Court of 03.24.2014 in case No. 33-6364 / 2013). This also applies to teleworkers if there is no electronic digital signature(Article 312.1 of the Labor Code of the Russian Federation).
■ The application must indicate the exact date of dismissal. This is important for determining the length of the warning.
WE DRAW OUT AN APPLICATION DEPENDING ON THE SITUATION
1. The employee submits an application without indicating the date of dismissal, but indicating the date of filing(Example 1).
The employee submits an application on 05/17/2017 (Wednesday), according to the Labor Code of the Russian Federation, the last day of his work (the day of dismissal) will be 05/31/2017 (Wednesday), while non-working and holidays are included in the term of notice of dismissal. If the application contains the filing date, the employer applies the rules provided for in Art. 80 of the Labor Code of the Russian Federation, and dismisses the employee in two weeks.
Judicial practice confirms: if the employee did not put the date of dismissal in the application, the employer has the right to dismiss him in this case only after 2 weeks (see the Appellate ruling of the Omsk Regional Court of January 27, 2016 in case No. 33-574 / 2016).
2. The employee submits an application indicating the date of the last working day.
Employees sometimes indicate in the application the date of the last working day, calculated independently based on a 2-week warning period (Example 2). However, the calculation is not always correct, because of this, misunderstandings arise. For example, an employee calculated that his last working day would be 05/30/2017 and has already agreed with a new employer to start work on 05/31/2017. However, he miscalculated - on May 31, he must work at his former place of work. Therefore, before writing an application, it is better for the employee to calculate his last working day together with the personnel officer.
The text of the statement can be as follows:
3. The employee wants to quit before two weeks and indicates the desired date of the last working day in the application.
It is not uncommon for employees to ask the employer to fire them earlier, before the warning expires. In this case, the employee, as a rule, indicates the date of dismissal in the application.
Indeed, an employment contract can be terminated even before the expiry of the notice of dismissal, if both parties agree.
■ If the manager agrees so that the employee does not work out during the warning period, he puts the appropriate visa (Example 3).
■ If the manager disagrees dismiss the employee before the expiration of the warning period, and put such a visa (Example 4), then the employee will have to work for two weeks.
4. The manager wants to fire the employee as early as possible so that he does not work for two weeks.
Sometimes the employer wants to fire an employee before the warning expires. However, in this case, the law is on the side of the employee - he has the right to disagree with the manager's proposal to leave the organization earlier and can insist on dismissal only after the expiration of the warning period.
If the employee was dismissed earlier than two weeks after the warning without the mutual consent of the parties, then the dismissal may be declared illegal (see the Appellate ruling The Supreme Court Republic of Mordovia from 11.02.2016 in case No. 33-254 / 2016).
5. An employee wishes to go on vacation before dismissal and then leave without going to work.
Sometimes an employee wants to go on vacation and quit without leaving work. It's about vacation with subsequent dismissal... Then this must be indicated in the application (Example 5).
Note! If an employee has submitted a separate application for dismissal and a separate application for vacation, this is no longer a vacation with subsequent dismissal, but two separate personnel processes that are not related to each other. And they each take shape in their own way.
WE USE APPLICATION FORMS
If the organization has a high turnover of staff, it is better to use ready-made employee application forms to avoid problems with determining the date of dismissal. (Example 6).
The wording may be different:
DETERMINING THE DAY OF DISMISSAL IN DIFFICULT CASES
■ If the day of dismissal is a non-working day or a holiday. You can fire these days. Another thing is that it is inconvenient. If possible, it is better to indicate the worker on the last working day in the application. Otherwise, you will have to:
To fire an employee on the day specified in the application - that is, to involve employees in work on a day off personnel service and accounting;
Dismiss the employee on the next working day (see the Appellate ruling of the Arkhangelsk Regional Court of August 11, 2014 in case No. 33-3916).
■ If the employee is sick on the day of dismissal. If the employee is sick on the day of dismissal, the dismissal will be legal (see the Appellate ruling of the Volgograd Regional Court dated 13.02.2015 No. 33-1664 / 2015). In this case, temporary disability benefits are paid on the basis of a duly issued certificate of incapacity for work provided to the employer.
NOTE
Temporary disability benefit is paid if the employee falls ill while working and continues to get sick after being fired. Also, the benefit is paid if the former employee fell ill after the dismissal, but within 30 calendar days after the date of dismissal (part 2 of article 5 Federal law dated 29.12.2006 No. 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood", as amended by of 03.07.2016, hereinafter referred to as Federal Law No. 255-FZ). The allowance is paid if the former employee provides the employer with a certificate of incapacity for work.
STEP 2. REGISTERING THE EMPLOYEE APPLICATION
On the application, it is worth indicating the date and number of the incoming document, this will avoid disputes about the date of receipt of the application.
If the situation is potentially conflicting, then the employee may demand to affix the incoming number and date on the copy of the application. It makes no sense to refuse to put a mark on the receipt of the application on the copy of the application that remains with the employee, since he will be able to receive such confirmation by sending his application by mail. Refusal will only lead to a deterioration in relations with the employee and conflict.
If the employee sent the application by mail, by registered mail with an acknowledgment of receipt, the date of receipt of the letter will be considered the date of receipt. In this case, the term of the notice of dismissal is counted from the day following the date of receipt of the letter with the application.
NOTE
The warning period starts from the moment of signing the mail notification. Even if in the organization the correspondence goes through a difficult path (first registration, then - distribution by departments) and arrives to the contractor a few days after receiving by mail, this does not change the warning period.
If the application was sent by a simple letter, the terms will depend on the dates on the postmarks. For example, if the letter arrived at the post office on 05/15/2017, and the postmark reflects this date, then the warning period is counted from this moment. However, the organization can receive the letter later.
Sometimes the registration procedure itself is delayed, which also increases the risks of late dismissal. Therefore, it is important that the secretary records incoming documents as soon as they enter the organization. The registration log can subsequently be presented as proof of the actual date of receipt of the document.
STEP 3: MAKE SURE THAT DID NOT RECEIVE A STATEMENT TO WITHDRAWAL STATEMENT
Even if an employee wrote a letter of resignation, he has the right to withdraw his application at any time before the expiration of two weeks, including on the last working day (that is, on the day of dismissal) even after the end of the working day - that is, until 23 hours 59 minutes ...
■ About the withdrawal of the application. The form of withdrawal of the letter of resignation can be arbitrary. At the same time, the legislation does not directly indicate in what form the employee can submit a response - in writing or orally.
Therefore, if there is no written response, the employee can prove the fact of withdrawal of the letter of resignation in court in other ways. For example, involve witnesses who will confirm that he submitted the application orally, but the personnel officer did not accept the application.
However, a written revocation is still preferable (Example 8).
The employee has the right to send a response by mail before the expiration of the warning period.
At the same time, some courts believe that it is enough for the employee to send an application before the expiration of the term (see the ruling of the Moscow City Court of April 17, 2014 in case No. 4g / 7-2982 / 14), while others believe that it is necessary for the employer to receive such an application. before the end of the term (see the Appellate ruling of the Supreme Court of the Chuvash Republic dated 09.29.2014 in case No. 33-3461 / 2014). In any case, the court will check whether the employee really wants to stay or is trying to abuse his right (see the appeal ruling of the Moscow City Court of 08.10.2015 in case No. 33-33824 / 2015).
■ When does the employer have the right not to accept the withdrawal of the application? The recall may not be taken into account if another employee is invited to the place of the employee in writing by way of transfer (part four of article 64 of the Labor Code of the Russian Federation). Employers often do not pay attention to the fact that the new candidate must already be fired from his previous job. Then, indeed, the withdrawal of the application can be refused, but in other cases the court will reinstate the employee at work (see the Appellate ruling of the Stavropol Regional Court of 12.07.2016 in case No. 33-4148 / 2016).
Dismissal of his own free will is considered illegal if the employee has withdrawn his application, but another employee has already been invited in his place, who is in labor relations with the same employer (see the definition of the Supreme Court of the Russian Federation of 05/31/2013 No. 5-KG13-43).
STEP 4: DRAWING OUT THE Dismissal Order
Termination of an employment contract is formalized by order of the employer (part one of article 84.1 of the Labor Code of the Russian Federation) no later than the last day of the employee's work. The dismissal order is drawn up in the T-8 form, approved by the decree of the State Statistics Committee of 01/05/2004, No. 1, or in the form of organization.
If on the last working day there is no order and the next day the employee continues to work, then the dismissal did not take place, even if the employee submitted an application.
You can issue an order earlier, that is, not on the last day of work, but, for example, in 2-3 days or even 1-2 weeks. This will not be a mistake (see, for example, the Appellate ruling of the Supreme Court of the Komi Republic dated October 29, 2015 in case No. 33-5945 / 2015).
NOTE
If the employee filed a letter of resignation, but the employer did not issue an order, the employee, having worked the last day, has the right not to go to work the next day.
If the employer did not issue an order, that is, he violated the procedure for issuing a dismissal, then the employee can recover compensation for moral damage (see, for example, the Appellate ruling of the Krasnoyarsk Regional Court of August 26, 2015 in case No. 33-9181).
A dismissal order may look like this (Example 9).
The employee must be familiarized with the order of dismissal on the last working day against signature. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction).
If for some reason the employee refuses to get acquainted with the order or did not appear to sign the order, then invite two witnesses and draw up an act of refusal to familiarize oneself or an act of non-appearance of the employee to sign the order (Example 10).
In addition, in the order below the line of familiarization of the employee, in case of his refusal or non-appearance, you should write:
STEP 5: DRAWING OUT THE WORKING TIME TABLE
The time sheet (according to the T-12, T-13 forms or according to the form approved by the organization) must be filled out for each employee on the day of dismissal (Example 11). It is better to do this in advance (2-3 days in advance) so that the accounting department has time to calculate the dismissed and transfer wages and compensation for unused vacation no later than the day of dismissal.
STEP 6: CHECKING THE DELIVERY OF PROPERTY AND DOCUMENTS
The employee must return the property of the company, documents, transfer cases according to the act of acceptance and transfer no later than the day of dismissal. If the employee refuses to transfer documents or property, an appropriate act should be drawn up.
Often, employers draw up the return of property and documents in the form of a detour sheet - a document in which the employee signs that he has handed over this or that property or documents (Example 12).
The HR department ticks (V) marks the departments, the heads of which must sign the bypass sheet:
Immediate manager, personnel department, accounting department, security service (pass) - for all employees;
IT department, AXO department (fuel card), legal department- for employees of the engineering and technical service.
Warehouse, labor protection specialist - for workers;
General Director - for deputy directors and heads of departments.
The legislation does not regulate in any way the issue of delivery of property and documents, with the exception of financially responsible persons. When a financially responsible person is dismissed, the organization is obliged to conduct an inventory with the proper registration of its results (clause 1.5 Methodical instructions on the inventory of property and financial obligations approved by order of the Ministry of Finance of Russia dated 13.06.1995 No. 49, as amended. from 08.11.2010). For example, you can draw up an act of acceptance and transfer of affairs and property (Example 13).
Therefore, we believe that the employer can use a detour sheet to confirm the employee's return of property and documents. But the employer is not entitled to delay the dismissal of an employee if he did not return the property or documents. In a disputable situation, the employer must go to court with a claim against the employee for the return of property or documents.
Before the employee leaves the organization, check if the employee's signature is on the documents that he was supposed to sign, in particular:
On an employment contract and additional agreements to him (copy of the organization), job description(in the presence of);
On all orders in relation to the employee;
In the sheets (magazines) of familiarization with the local regulations of the organization affecting labor duties employee.
If there is no signature in any documents, you must ask the employee to sign.
STEP 7: FILLING IN AND ISSUING A WORK BOOK
The employer is obliged to issue to the employee on the day of dismissal work book... The record of termination of the employment contract is entered into the work book on the last day of work, certified by the signature of the responsible employee, the seal of the employer and the signature of the dismissed employee (clause 35 of the Rules for maintaining and storing work books, making forms of the work book and providing employers with them, approved by the decree of the Government of the Russian Federation of 04/16/2003 No. 225, hereinafter - the Rules for maintaining and storing work books) (Example 14). If the employee refuses to sign in the work book, it is necessary to draw up an act (Example 15).
If the employee does not show up for the work book, by the end of the day of dismissal, you should send him a notice of the need to pick up the work book or give consent in any written form to send it by mail (part six of article 84.1 of the Labor Code of the Russian Federation). It is necessary to send a notification in a valuable letter with a return receipt to all known addresses of the employee.
ATTENTION WORKER
If the employee cannot appear for the work book, he has the right to ask the employer to send it by mail to the address indicated by the employee. To do this, you must submit an application to the employer in person or send it by mail by mail with a list of attachments (Example 16).
Having received a work book, the employee signs in the book of accounting for work books and inserts to them (clause 41 of the Rules for maintaining and storing work books), which will be evidence of its issuance. If the work book was sent by mail, it is necessary to make a note about this in the accounting book and indicate the date of dispatch. You can also specify postage receipt numbers.
Vacation followed by dismissal. In this case, the date of dismissal will be the last day of vacation (part two of Article 127 of the Labor Code of the Russian Federation).
When granting leave with subsequent dismissal, the work book is issued on the last working day before the start of the vacation. However, the date of dismissal in the work book must be entered in accordance with the order of dismissal. The final settlement is also made on the last working day (ruling of the Constitutional Court of the Russian Federation dated 25.01.2007 No. 131-О-О, letter of Rostrud dated 24.12.2007 No. 5277-6-1).
STEP 8: DRAWING OUT THE PERSONAL EMPLOYEE CARD
On the last working day, information about the dismissal must also be entered into the employee's personal card (unified form No. T-2 or a form approved by the organization). In this case, the employee must put down his signature under the letter of dismissal (paragraph three, clause 41 of the Rules for maintaining and storing work books) (Example 17).
STEP 9: CALCULATE WITH THE EMPLOYEE
The employer is obliged to make the calculation (Article 140 of the Labor Code of the Russian Federation). This means that the organization must pay the employee all amounts due on the day of dismissal, namely: salary for the worked period, bonuses, allowances and other payments. Also, the employer is obliged to pay compensation for all unused vacations(part one, article 127 of the Labor Code of the Russian Federation).
If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a payment requirement (part one of article 140 of the Labor Code of the Russian Federation).
The employee needs to be calculated even if there is a dispute over the amounts to be paid. For example, an employee has not returned property, and the organization wants to withhold its value from the salary, or the manager believes that the employee did not deserve a bonus this month. The employer is obliged on the last day of work (the day of dismissal) to pay at least the uncontested amount (part two of Article 140 of the Labor Code of the Russian Federation). On the day of dismissal, the employee must receive a pay slip indicating all the amounts paid.
STEP 10: GIVING A HELP TO THE WORKER
Check if the accounting department issued certificates to the employee in accordance with the law:
Certificate of the amount of earnings on which accrued insurance premiums in the FSS (clause 3, part 2, article 4.1 of the Federal Law No. 255-FZ);
Information on the amounts of accrued and paid insurance contributions to the Pension Fund of the Russian Federation (Article 11 of the Federal Law dated 01.04.1996 No. 27-FZ "On individual (personified) accounting in the compulsory pension insurance system", as amended on 28.12.2016).
Other certificates and copies of documents at the request of the employee.
Why is it so important to observe the above step by step algorithm? If you violate the procedure, the employee will have a reason to challenge his dismissal in court. If the court is on the side of the employee, then the employer will have to:
Reinstate the dismissed person at work (Article 394 of the Labor Code of the Russian Federation);
Pay out average earnings for the time of forced absenteeism from the moment of dismissal until the moment of reinstatement at work (Article 394 of the Labor Code of the Russian Federation);
Compensate for moral damage for illegal dismissal (Article 237 of the Labor Code of the Russian Federation);
Reimburse the employee's legal costs (attorney fees);
Pay interest for each day the calculation is delayed (Article 236 of the Labor Code of the Russian Federation);
Pay unreceived earnings during the delay in issuing a work book (Article 234 of the Labor Code of the Russian Federation).
From January 1, 2013, the forms of primary accounting documents contained in albums of unified forms of primary accounting records are optional.
The employee decided to leave the company. A lawyer needs to control the observance of formalities, including how the documents were drawn up. Check your voluntary letter of resignation.
When preparing materials, we use only information
In this article
If, upon voluntary resignation, the application does not contain any dates, this is dangerous for the company. Often, an unscrupulous employer requires you to write such a statement if he wants to fire an employee at any time. The courts support the employees, since according to the application it is impossible to understand that the company has complied with the requirements of Art. 80 TC. The court will reinstate the plaintiff if there is not a single element in the application that would make it possible to determine the date of filing the document and to count the appropriate two weeks (appeal ruling of the Supreme Court of the Republic of Dagestan dated 03.07.2015 in case No. 33-2738 / 2015)).
If an employee asks to fire him ahead of time, you need to confirm that the company agrees to let him go without working. Pay attention to this option for dismissal of your own free will, the sample application contains a confirmation from the director. Also, the company has the right to refuse an employee. In the second case, there is the question of what date can be fired. And what if the employee applied and stopped going to work, although the company insisted on the due work.
Some courts consider that it is impossible to dismiss in two weeks, since the employee did not express such a desire. The company has the right only to refuse to dismiss (appellate rulings of the Saratov Regional Court dated 02.27.2014 in case No. 33-661 / 2014). Other courts believe that they can be dismissed in two weeks (decision of the Kamyshlovsky District Court of the Sverdlovsk Region dated 03.05.2017 No. 2-343 / 2017). A new statement from the employee will help to remove the controversial moment. You can also request in writing to clarify the date of dismissal.
To remove risks, carefully check the documents that the employee prepares. Including use samples of applications for dismissal of your own free will.
Attached files
- Employee's letter of resignation of his own free will.doc
- Employee's letter of resignation of his own free will without two weeks' work.doc
If you decide to quit your job, then it's time to think about how to write a letter of resignation. Since the employee's desire to terminate the employment contract must be expressed in writing (Article 80 of the Labor Code of the Russian Federation).
There is no generally established form of application for dismissal, and it is drawn up in any form. So don't expect your employer to provide you with a ready-made termination application form. Although theoretically this option is also possible.
A letter of resignation of your own free will can be written by hand or printed. But in any case, your signature must be on the letter of resignation. Indeed, in the absence of such a statement with the employee's handwritten signature, his dismissal is illegal. And subsequently, through the court, he will be able to recover at work (Appellate ruling of the Nizhny Novgorod Regional Court dated March 29, 2016 N 33-3645 / 2016).
How to write a letter of resignation correctly
It should clearly follow from the application for dismissal of his own free will that the employee really decided to terminate his labor activity from the given employer. Therefore, the wording upon dismissal of my own free will may be as follows: I ask to dismiss me of my own free will, I ask to terminate the employment contract N __ from _._.__.
In addition, it is better to indicate your last day of work in your letter of resignation. As you know, the employee must notify the employer about dismissal at least 2 weeks in advance (Article 80 of the Labor Code of the Russian Federation),. The course of the specified period starts from the day following the day of receipt of the application by the employer. You count 14 days from this date, and the last day of this work should be the last working day for you in the organization. Accordingly, it will need to be indicated in the application.
It is not recommended to write in the text of the letter of resignation of your own free will that you want to quit "with" a certain date. If the paper is drawn up like this, then it can be interpreted in different ways: from this date the employee should no longer go to work or is this date his last working day? A sample letter of resignation is provided on the page.
Statement of your own free will:
By the way, the application may contain other information related to the dismissal. For example, in it you can indicate that you want to take a vacation with subsequent dismissal.
Note that in certain cases, the employee has the right to write.
Transfer of cases upon dismissal
Important event before dismissal - transfer of cases. It includes not only the transfer of tools, office equipment, materials, etc., used in the work by the employee who quits, but of course the transfer of documents. If necessary, all this is formalized by an act of acceptance and transfer of cases.
What liability is provided for the employer if employees work without an employment contract and receive their salary unofficially?
Labor relations arise between an employee and an employer on the basis of an employment contract concluded in accordance with the Labor Code of the Russian Federation (Article 16 of the Labor Code of the Russian Federation).
In addition to the obligation to draw up an employment contract (part 2 of article 67 of the Labor Code of the Russian Federation), the employer must perform a number of actions:
issue an order for employment (Article 68 of the Labor Code of the Russian Federation);
fill out a work book for an employee (Article 66 of the Labor Code of the Russian Federation);
conduct a preliminary medical examination when concluding an employment contract in cases provided for by labor legislation (Article 69 of the Labor Code of the Russian Federation);
provide instruction on labor protection (part 2 of article 212 of the Labor Code of the Russian Federation);
perform other actions provided for by labor legislation.
In case of informal employment of a citizen, the employer does not perform all these actions.
Moreover, an employee who is employed unofficially is deprived of all those labor rights that the employer must grant him in the course of the employment relationship, for example, the right to annual paid leave, benefits for temporary disability and in connection with maternity, and others.
Failure to perform each of these actions is a separate administrative offense, for which a separate punishment is provided (Article 4.4 of the Administrative Code of the Russian Federation).
In accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of labor and labor protection legislation entails the imposition of an administrative fine on officials in the amount of 1,000 to 5,000 rubles; for persons engaged in entrepreneurial activity without education legal entity, - from 1000 to 5000 rubles. or administrative suspension of activities for up to 90 days; for legal entities - from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days. According to part 2 of this article, the same violation committed by an official previously subjected to administrative punishment for a similar offense entails disqualification for a period of 1 to 3 years.
Note that if the employer is held liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, both the head and the legal entity itself can be held liable at the same time (part 3 of article 2.1 of the Code of Administrative Offenses of the Russian Federation).
In case of application of disqualification under Part 2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, it is necessary to take into account that a similar offense mentioned in this norm should be understood as the commission by an official of the same, and not any violation of labor and labor protection legislation (clause 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 No. 5 "On some issues arising for the courts when applying the Code of the Russian Federation on Administrative Offenses", hereinafter - Resolution of the Plenum of the RF Armed Forces No. 5).
In the event of an administrative offense, expressed in the form of inaction, the period for bringing to administrative responsibility is calculated from the day following the last day of the period provided for the fulfillment of the corresponding obligation (clause 14 of the Resolution of the Plenum of the RF Armed Forces No. 5).
The term of bringing to administrative responsibility for each offense is calculated separately depending on the time of its commission (time of failure to fulfill one or another obligation of the employer).
Thus, in case of non-registration of labor relations, the employer is held liable not once - for non-registration of labor relations, but several times - depending on the number of unfulfilled duties provided for by labor legislation and the time of their failure.
Moreover, in the case of non-registration of labor relations, wages, which are the main component of the tax base for personal income tax (Articles 209, 210 of the Tax Code of the Russian Federation), as well as the basis for calculating compulsory insurance contributions (Article 8 of the Federal Law of 24.07.2009 No. 212-FZ "On insurance contributions to the Pension Fund of the Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund"), is paid unofficially.
In this case, the payment of personal income tax and insurance premiums does not occur, for which the employer may also be held liable.
Firstly, the tax authority may require withholding personal income tax from employees receiving a “black” salary, and may also impose a fine on the employer in the amount of 20% of the amount that should have been withheld from employees or paid to the budget (Article 123 of the Tax Code of the Russian Federation ).
Secondly, extra-budgetary funds may also require payment of insurance premiums and impose a fine of 20% of the unpaid amount of contributions or 40% in the event of a deliberate commission of this offense (Article 47 of Law No. 212-FZ).
Thirdly, Art. 199.1 of the Criminal Code of the Russian Federation provides for criminal liability for failure to fulfill the duties of a tax agent in personal interests on a large or especially large scale.
What is the danger for an employee to work without a properly executed written employment contract?
Today, the practice of labor activity has acquired great relevance without formalizing labor relations between the employee and the employer. Under such conditions, the employee, as a rule, receives an "envelope" salary more than with official employment, and the employer thereby frees himself from the obligation to pay mandatory payments, taxes, fees, including the payment of pension contributions and contributions to social insurance fund.
At first glance, it may seem that both parties are mutually beneficial, but this is far from the case.
First of all, labor activity without registration of an employment contract is a violation of the requirements of labor legislation (Chapter 11 of the Labor Code of the Russian Federation), entailing a violation of the rights of employees.
Labor activity without an employment contract, in fact, makes him defenseless against the employer in case of violation of it labor rights... In such cases, before protecting a specific violated right of the employee, it is necessary to prove the very fact of the existence of an employment relationship between the employee and the employer, which is extremely difficult to do in the absence of an employment contract. The problem here may lie in the fact that the employer can declare either that this employee has never worked for him (especially if there are no witnesses of your labor activity), or worked, but not under an employment contract, but under a civil law contract (for example, under a work contract).
In case of non-payment wages, unjustified imposition of a disciplinary sanction, dismissal or other violation of the labor rights of an employee who works without an employment contract, it is possible to protect his rights only after the very fact of the existence of an employment relationship is established. On the one hand, this fact can be confirmed by the employer himself, and in case of refusal - only in court.
In addition to the above, the negative consequences of working without an employment contract include the infringement of the employee's pension rights. When carrying out labor activities without a contract, the employer, in violation of the requirements of Art. 14 of the Federal Law of 15. 12. 2001 No. 167 - FZ "On Compulsory Pension Insurance in the Russian Federation" does not transfer insurance contributions to the Pension Fund of the Russian Federation for the formation of the settlement capital, the amount of which will determine the size of the employee's pension in the future.
Labor activity without an employment contract creates obstacles to the protection of the employee's labor rights in the event of their violation, and also infringes upon the pension rights of employees. Thus, an employment contract is an integral part of labor relations, it is a guarantee of the protection of the labor rights of citizens. Labor law applies only to employees who are in an employment relationship with employers who have concluded written employment contracts.
If, as a result of an industrial accident, loss of ability to work, damage to the health of the employee occurs, or the death of an employee who is in an employment relationship occurs, then the employee or his relatives are entitled to the following types of insurance coverage:
1) allowance for temporary disability for the entire period until the employee recovers or until a permanent loss of professional disability is established - in the amount of 100 percent of the employee's average monthly earnings, but not more than 261,320 rubles per month in 2015 (273,080 rubles - in 2016 and 284,000 rubles - in 2017).
The allowance is paid at the place of work of the victim;
2) one-time and monthly insurance payments:
An employee, if, according to the conclusion of the institution of medical and social expertise, as a result of an accident at work, he has lost his professional ability to work,
To persons eligible to receive such payment (disabled dependents, children, parents, etc. - see Legal Basis) if the accident resulted in the death of an employee.
In the absence of written employment contracts, these guarantees and compensation for workers injured during the performance of work are not provided.
Working in a "gray scheme of labor relations" the employee remains completely unprotected in his relationship with the employer; he is unable to defend and protect his rights and legitimate interests in the event that they are violated or otherwise infringed upon by the employer. It is very difficult to prove the fact of labor relations in court, tk. this requires testimony, however, the employees of the organization do not always agree to testify in court against their own employer.
By failing to formalize the employment of an employee in the manner prescribed by law, the employer deprives him of the well-deserved pension provision. The period of work without formalization of labor relations in the prescribed manner will not be included in the insurance experience, which will lead to a low pension in the future.
The employee will not be entitled to payment of temporary disability benefits in the event of an industrial accident and occupational disease, unemployment benefits, the right to receive annual paid leave, social guarantees provided for by the collective agreement and local regulations in force with the employer
In Art. 64 of the Labor Code of the Russian Federation provides for guarantees of the rights of employees when concluding an employment contract, one of the fundamental of which is the prohibition on unjustified refusal to conclude an employment contract. Moreover, if you were refused, you have the right to require the employer to inform in writing the reasons for the refusal to conclude an employment contract. Article 64 of the Labor Code of the Russian Federation also provides for the employee's right to appeal such a refusal in court.
In accordance with Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is handed over to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the employee's signature on the copy of the employment contract kept by the employer. An employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his representative. With the actual admission of the employee to work, the employer is obliged to conclude an employment contract with him in writing no later than three working days from the date of the actual admission of the employee to work.
Accordingly, an employer who has not timely concluded an employment contract with an employee, if such a fact is revealed, will be held liable under the legislation of the Russian Federation.
The employer, instead of employment contracts, concludes and periodically renegotiates work or service contracts. Is it legal?
No, it’s wrong. The conclusion of civil law contracts (which also include a work contract and a service contract), which actually regulate labor relations between an employee and an employer, is not allowed.
If an organization or an individual entrepreneur has entered into an agreement with a citizen, according to which:
A citizen personally performs work in a specific position or specialty,
The scope of this work is not predetermined in advance (that is, during the term of the contract, the same work is performed in the amount the need for which arises in the process of work, and which corresponds to the position / specialty of the citizen),
A citizen is subject to the internal labor regulations of an organization or an entrepreneur,
then an employment relationship arises between the parties and an employment contract must be concluded.
If an organization or an individual entrepreneur (customer) has entered into an agreement with a citizen, according to which:
The citizen has undertaken to perform only a certain type and amount of work (for example, to make a certain number of some items),
The customer has undertaken to pay only for this amount of work performed,
The customer cannot entrust a citizen with other work or work in a different volume under this contract,
A citizen works at his own peril and risk, does not obey the rules of the internal labor regulations of the customer,
then a civil law relationship arises between the parties, and a civil law contract must be concluded (for example, a contract or repayable rendering services).
If you think that the employer has illegally entered into a civil contract with you instead of an employment contract, then you can apply to the employer with a written application for the recognition of relations arising on the basis of a civil contract, labor relations, and proper registration of labor relations (conclusion of an employment contract). contracts in writing, issuing an order for employment, making a record of work in a work book). If the employer does not satisfy your application, you can apply for the protection of your rights to the territorial body of Rostrud - the state labor inspectorate (including through this resource), as well as to the court.
Legal justification
Article 15 of the Labor Code of the Russian Federation determines that labor relations are relations based on an agreement between the employee and the employer on the personal performance of the employee for a fee of the labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee ), the subordination of the employee to the rules of internal labor regulations while ensuring the employer working conditions stipulated by labor legislation and other regulatory legal acts containing labor law, collective agreement, agreements, local regulations, labor contract.
The conclusion of civil contracts that actually regulate labor relations between the employee and the employer is not allowed.
According to article 19.1. Of the Labor Code of the Russian Federation recognition of relations arising on the basis of a civil law contract, labor relations can be carried out:
a person who uses personal labor and is a customer under the specified contract, on the basis of a written application of an individual who is an executor under the specified contract, and (or) the order of the state labor inspector not appealed to the court in accordance with the established procedure to eliminate the violation of part two of Article 15 of the Code;
by the court in the event that an individual who is an executor under the specified contract applied directly to the court, or on the basis of materials (documents) sent by the state labor inspectorate, other bodies and persons having the necessary powers for this in accordance with federal laws.
In the event of termination of relations related to the use of personal labor and arising on the basis of a civil law contract, the recognition of these relations as labor relations is carried out by the court. An individual who was an executor under the specified agreement has the right to apply to the court for the recognition of these relations as labor relations in the manner and within the time frames provided for the consideration of individual labor disputes.
Fatal doubts when considering by the court disputes on the recognition of relations arising on the basis of a civil law contract as labor relations shall be interpreted in favor of the existence of labor relations.
If relations related to the use of personal labor arose on the basis of a civil law contract, but were subsequently recognized as labor relations, such labor relations between the employee and the employer shall be deemed to have arisen from the date of the actual admission of the individual who is the performer under the specified contract to the performance of the specified contract of obligations.
What is the employer's responsibility for delayed wages and in what cases? What to do if the employer delays the payment of wages?
The employer does not have the right to delay wages for any reason, including due to the lack of money from the organization, with a delay in payment for the organization's services from its clients, etc.
Salary must be paid at least every half month on the day established by the internal labor regulations, collective agreement, labor contract.
If the employer delays the payment of wages for more than 15 days, then the employee has the right to suspend work (with the exception of some cases - see Legal Basis) for the entire period of delay, notifying the employer in writing.
For a delay in the payment of wages for any reason, the employer is obliged to pay the employee interest (monetary compensation) in the amount of not less than one three-hundredth of the refinancing rate of the Central Bank of the Russian Federation (it is 8.25% per annum) from the amounts unpaid on time for each day of delay. The amount paid to the employee monetary compensation can be increased by a collective agreement, local regulation or an employment contract.
The employer (organization or individual entrepreneur), as well as the manager or other responsible person of the organization for delayed wages can be held administratively liable (see Legal justification).
In some cases, an individual entrepreneur, manager or other person in charge of an organization may be held criminally liable for delayed wages (see Legal Basis).
In case of a delay in wages, an employee has the right to apply to the territorial body of Rostrud - the state labor inspectorate (including through this resource), as well as to the court in order to protect his rights.
Legal justification
According to part 6 of article 136 of the Labor Code of the Russian Federation, wages are paid at least every half a month on the day established by the rules of the internal labor schedule, collective agreement, labor contract.
In accordance with Part 2 of Art. 142 of the Labor Code of the Russian Federation, in the event of a delay in the payment of wages for a period of more than 15 days, the employee has the right, notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount. Suspension of work is not allowed:
During periods of the introduction of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;
In the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security, emergency rescue, search and rescue, fire-fighting, work to prevent or eliminate natural disasters and emergencies, in law enforcement agencies;
Civil servants;
In organizations directly serving highly hazardous types of industries, equipment;
Employees whose job responsibilities include performing work directly related to ensuring the life of the population (power supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations).
Article 236 of the Labor Code of the Russian Federation establishes that if the employer violates the established deadline for the payment of wages, the employer is obliged to pay it with payment of interest (monetary compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from the amounts unpaid on time for each day delays from the next day after the due date for payment up to and including the day of actual settlement. The amount of monetary compensation paid to an employee can be increased by a collective agreement, local regulation or employment contract. The obligation to pay the specified monetary compensation arises regardless of whether the employer is at fault.
Part 1 of Article 5.27. The Code of Administrative Offenses of the Russian Federation establishes administrative liability for violation of labor legislation, including for delayed wages in the form of a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; for persons engaged in entrepreneurial activity without forming a legal entity - from one thousand to five thousand rubles; for legal entities - from thirty thousand to fifty thousand rubles.
Criminal liability for delayed wages is provided for in Article 145.1. Of the Criminal Code of the Russian Federation:
Partial non-payment of wages exceeding three months, committed out of selfish or other personal interest by the head of the organization, the employer - natural person, the head of a branch, representative office or other separate structural unit of an organization, is punished with a fine in the amount of up to one hundred and twenty thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for a period of up to one years, or forced labor for up to two years, or imprisonment for up to one year;
Total non-payment of wages for more than two months or payment of wages for more than two months in an amount lower than the minimum wage established by federal law, committed out of selfish or other personal interest by the head of the organization, the employer - an individual, the head of a branch, representative office or other separate structural unit of the organization , is punished with a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wage or salary or any other income of the convicted person for a period of up to three years, or compulsory labor for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years;
Acts stipulated by the first or second part of Article 145.1. Of the Criminal Code of the Russian Federation, if they entailed grave consequences, are punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of one to three years, or by imprisonment for a term of two to five years with deprivation of the right hold certain positions or engage in certain activities for up to five years or without.
Partial non-payment of wages is understood to mean payment in the amount of less than half of the amount payable.
Labour Inspectorate in Yoshkar-Ola (Republic of Mari El) checks all complaints received from employees, assigns the necessary checks, takes measures to suppress detected violations Labor Legislation and the restoration of employee rights. Based on the results of the inspection, the employees of the inspection have the right to demand from the employing company to urgent order eliminate violations, impose administrative or other liability or send inspection materials to law enforcement agencies to initiate a criminal case.
To reveal the facts of non-compliance with the legislation in the field of labor protection when checking the employer, the labor inspectorate analyzes the organization's documentation. When conducting an inspection, the employer, at the insistence of the inspectors conducting the inspection, is obliged to transfer to them work books, agreements on material responsibility, payroll, employment contracts, other documents.
If you have no experience of communicating with the labor inspectorate, and you cannot make a complaint, a detailed consultation will help you out. labor lawyer, available to all visitors of the Internet resource online. Consulting lawyer will help you: to compose a message about non-payment of wages; write an appeal to the labor inspectorate at illegal dismissal; draw up other statements, appeals, complaints to the labor inspectorate.
website / trudovaya-inspekciya / Joshkar-Ola /
11/29/2019 - Kirill Telkin
Hello. I didn’t work officially for SP. I didn’t sign any agreements on full liability.
10/25/2019 - Marina Sukhanova
If the Administration “survived” the employee from the place of work in ways - a direct offer to quit, layoffs (they could not draw up documents correctly), conflicts, showdowns at a general meeting of the collective, etc., by denunciations that were not confirmed by anything after verification. The man wrote a letter of resignation on Friday evening, and on Monday morning they began to take an inventory of him. They did not pay the calculation, since this person does not agree with him (many things were not taken into account). As a result, he was kicked out of his service apartment, he was not given the opportunity to collect his things properly. The chief accountant and the manager of the farm did this with a check of personal belongings, without any documents. Where did they violate the rights of the resigned person? And where can you go?
The answer to the question was given by phone.
10/14/2019 - Egor Fomkin
Good day! I wrote a letter of resignation and suddenly found out that they did not want to pay me a bonus for sales in the past months (the organization has a delay in paying bonuses of about 3 months). Does it make sense to file a complaint with the labor inspectorate?
07/11/2019 - Alexander Tanich
Good afternoon. From June 29th to July 12th, I am on annual paid leave. From July 9, tentatively, to July 12, I am on sick leave. In this regard, I want to extend my vacation. I must write an application for the extension of the leave on the day of the sick leave, or I can write it on the day I go to work.
The answer to the question was given by phone.
05/28/2019 - Stanislav Yakobson
Hello! Can I be transferred to a lower position during my sick leave or vacation without my consent?
The answer to the question was given by phone.
04.04.2019 - Yaroslav Metelov
Hello. I am on maternity leave. A permanent employee went to work, and they ask me to write a letter of resignation after the expiration of the contract. My child is not 1.5 years old. Do they have the right to fire me?
The answer to the question was given by phone.
04/03/2019 - Anatoly Krasnopoyas
Hello, where can I restore the work book if the organization is closed
The answer to the question was given by phone.
03/20/2019 - Zinaida Denisova
Hello, I am a mother of a disabled child, I am forced to write a demotion application, my duties are the same, my salary is lower. The higher authorities ignore my requests, saying that I myself complicate everything. And I just take legal benefits. They don't let me go on vacation. First a downgrade then a vacation.
The answer to the question was given by phone.
03/19/2019 - Vera Anisimova
Hello! How long have you been giving an answer to a question?
The answer to the question was given by phone.
03/07/2019 - Yuri Petryaevsky
I was fired on November 30, 2018. on staff reduction. The organization of the legal successor in what time frame should pay the average earnings for the time of employment. In the last month I wrote a statement. The day of payment of salary in the organization is the 10th.
The answer to the question was given by phone.
02/22/2019 - Veronika Bobrova
Good day! I'm coming to an end probation and then I decided to return former employee in my place and the employer accepts it. Is it legal? I am a mother of two children under 14 years old and they say that there are no complaints against me.
01/26/2019 - Artur Kochubeev
Hello. I work in a private kindergarten An acquaintance asked her to change her temporarily and the salary is delayed for 2.5 months until the last one and I leave work, now I’m thinking if I’ll get my money because the manager has all the problems and doesn’t give out the salary.
The answer to the question was given by phone.
04/13/2018 - Alina Vinogradova
good afternoon, I am on maternity leave, and I am not paid for children up to one and a half years old, I call and come to work, everyone promises that the money will be transferred, the debt is 14 thousand
01/20/2018 - Lyudmila Panina
Hello. please tell me for budgetary organizations what payments are included in the MRO, which should be paid in excess of the Mrot?
The answer to the question was given by phone.
01/19/2018 - Dmitry Tishin
Hello Olga! Our team was not officially employed when hiring and the salary is delayed for 3 months: 19:00 - 21:00
The answer to the question was given by phone.
01/16/2018 - Evgeniya Nikitina
Good afternoon. I was fired from my job without my knowledge and on what basis I do not know. I was told that they sent a notification that I did not receive. What to do in this situation?
The answer to the question was given by phone.
01/16/2018 - Victor Polikhrontiev
Medical checkup employees. Do I have the right to refuse to undergo med. inspection? If, according to the results of the medical examination, I am not fit for health, can I be fired? Can I write a letter in order not to be fired and confirm that I understand all the risks and are ready to continue working? : 15:00 - 17:00
10/26/2017 - Leonid Poluvetrov
If the employer falsified a medical examination in the employee's sanitary book, what will he get for it. And what to do?
The answer to the question was given by phone.
06.10.2017 - Vladimir Vanyushechkin
Hello, who is the state labor inspector for the city of Yoshkar-Ola?
09.24.2017 - Fedor Chernoshey
I work in FKUZ MSCh-12 of the Federal Penitentiary Service of Russia as a medical assistant in a pre-trial detention center. My salary is 5710 rubles. has not increased since 2014. And now we are told that there will be no increase. F times we don't belong to healthcare? After all, their salary is raised 2 times a year.
09/13/2017 - Vladislav Nemakin
Hello !! My name is, currently I work for the Lenta company. this moment I'm on sick leave. There is simply chaos over the junior employees of the company and there is no one to protect us, I, like my colleagues, are just sellers .......... we need protection, can I come for a consultation? Most likely, except consultation, we need a lawyer.
The answer to the question was given by phone.
09.09.2017 - Denis Feofilaktov
The answer to the question was given by phone.
09/04/2017 - Alina Davydova
She worked officially in the store. In addition, the employer exceeded his authority. In the middle of the month, he suddenly decided to change the work schedule. After that, half of the employees had 6-8 days in a row. And the rest have 4 days off. All employees work informally and without a contract. Except for me. Since I worked at the checkout, the last name at the checkout was mine. When I told the employer about the discharge, he began to raise his voice at me and say that he would not pay a dime. Which he did. The statement was written on 08/03/2017. I quit on 08/17/2017. And after my dismissal, my surname still appears at the checkout. What should I do to receive my salary for the days worked? And so that in the future my name does not appear in this organization in any way?
The answer to the question was given by phone.
07/11/2017 - Egor Danov
I got a job in March 2014, In November 2014 I was given a vacation for 14 days, Then I rested in March and October 2015, and in April and June 2016 for 14 days, In May 2017, the vacation was 7 days, Do I have the right to take the rest 21 days in July 2017? The personnel department says that at the moment I can only rest for 7 days.
The answer to the question was given by phone.
07/11/2017 - Yakov Shumilkin
Does the artistic director of a cultural institution, who works part-time, have the right to receive incentive allowances for the intensity and high results of work at the end of the month.
06/23/2017 - Denis Nikonorov
Does the boss have the right to force him to work on 2-part basis?
The answer to the question was given by phone.
06/21/2017 - Igor Pavlushkin
THE SON IS NOT PAYED WAGE FOR 4 MONTHS
06/15/2017 - Julia Belousova
The topic of my question is: Labor disputes (Protection of workers' rights) right now.
06/15/2017 - Anastasia Komarova
Wrote a letter of resignation on 2.06.17. I sent it to the office with the mail. I work it out for 2 weeks. It comes out tomorrow, the last day. Today, they tell me that the director was not there and my application was registered on 13.06. and I have to work from 13.06. who is right?
06/15/2017 - Ksenia Kudryavtseva
Labor contract(additional agreement) drawn up for the period maternity leave, those are temporary, and the transfer order is a permanent type of transfer. In the personnel department they say that they made a mistake with the order and recommend that it be thrown away and they will draw up a new one. The question is: can this be, and in general the order is more important or not?
06/05/2017 - Valery Roman
have not paid salary since November 2016 : 11:00 - 13:00
The answer to the question was given by phone.
06/01/2017 - Pavel Galichenin
The employer, without my consent, changes the work schedule and despite the fact that I have a day off, he declares that tomorrow I have to work because I have a new schedule - if I don’t go to work, then I’ll be fired for absenteeism. Is it law and how to be?
The answer to the question was given by phone.
05/20/2017 - Vera Sorokina
Hello! For 5 years I worked as a gluer at OOO2Kalina "(paneled doors). After the arrival of a new master, the old staff began to be squeezed out, and" ours and ours "were hired. auxiliary workers. Before that I trained a newcomer, a protégé of the foreman, who replaced me. I lost 4-5 thousand in salary
The answer to the question was given by phone.
05/15/2017 - Alexander Savchenkov
already asked, do not answer
The answer to the question was given by phone.
05/04/2017 - Natalia Maksimova
Can your commission check enterprises on your own initiative without any appeal "from below"?
The answer to the question was given by phone.
02/27/2017 - Yana Bogdanova
I am the director of an LLC. On January 30, 2017, I wrote a letter to the sole founder about dismissal of his own free will. This statement registered with the personnel department, the founder is notified. At the moment (02/26/2017), the application has not been signed, the founder refers to his employment, there is no time to sign. What to do?
The answer to the question was given by phone.
02/27/2017 - Lilia Danilova
I am the director of an LLC. On January 30, 2017, he wrote a letter of resignation of his own free will to the sole founder, registered in the personnel department. The founder has been notified, and the application has not yet been signed (02/26/2017), as the founder argues, he has no time. What to do in such a situation?
The answer to the question was given by phone.
02/11/2017 - Veronica Antonova
Hello. Left workplace for health reasons, the manager drew up an act on voluntary leaving the workplace. And in my arms sick leave... What to do next?
02.02.2017 - Vyacheslav Yarnev
Hello. A month has passed since the dismissal. They haven’t calculated yet. Every day they are fed "breakfasts". How long does it take to issue a calculation according to the law?
The answer to the question was given by phone.
01/26/2017 - Zhanna Tarasova
Hello, I work in production, I worked as a technician-mechanic replaced others when they went on sick leave or on vacation. Came up chief mechanical engineer and says that they are transferring me to operators, I said that I do not want to, he said then get lost or write a statement about the transition to operators. What threatens me if I refuse to write an application for the transfer, can I be dismissed under the article.
Where to get money for business?
Trade tax or "rent tax
Background Open un contour elba