Dismissal at will. How to quit of your own free will without working off In accordance with Article 80 of the Labor Code of the Russian Federation

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.

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 writing to take his place, who, in accordance with this Code and other federal laws, cannot be refused to conclude an agreement.

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.

Article 80 of the Labor Code of the Russian Federation

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

Commentary on Article 80 of the Labor Code of the Russian Federation

comment on it). The employer is obliged (except for the specified case) to cancel the application (to return it to him). 5. It should be borne in mind that the Plenum of the Supreme Court of the Russian Federation in the Resolution of March 17, 2004 No.

No. 2 in paragraph 22 indicated that if, after the expiration of the warning period, the employment contract was not terminated and the employee does not insist on dismissal, the employment contract is considered continued.

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.

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 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, he 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 is obliged to issue a work book, other documents related to work, upon a written application and make a final settlement with him.

Labor Code of the Russian Federation

64 of the Labor Code (see commentary to it). The employer is obliged (except for the specified case) to cancel the application of the employee (to return it to him).

N 2 in paragraph 22 indicated that if, after the expiration of the warning period, the employment contract was not terminated and the employee does not insist on dismissal, the validity of the employment contract is considered continued.

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, upon a written application, and make the final settlement with him. The essence of the dispute: 2.036 - Disputes arising from labor relations -> Cases of reinstatement at work, state.

How to quit your job on your own?

Few people have not been fired. Most often, leaving the enterprise is based on one's own desire. To carry out the procedure here is quite simple. The initiative comes from the employee, and the employer only agrees with his decision and signs the application. However, there are some nuances here that you should be aware of. Therefore, we will describe in the article how to do it correctly on our own initiative.

Dismissal at will according to the Labor Code of the Russian Federation 2018

One of the reasons to quit is your own desire. This is regulation article 77 of the Labor Code of the Russian Federation. The employee must want it, no other reason is required. To terminate the contract in 2018 by law, namely article 80 of the Labor Code of the Russian Federation, the following procedure is set:

• writing a statement;
• transfer of the application to the management for signing;
• issuance of an order;
• familiarization with the order;
• implementation of the calculation;
• entry in the work book and its issuance.

Own desire to quit obliges to warn the employer two weeks before leaving. Accordingly, it is necessary to write an application within this period, since this is followed by a two-week working off. Therefore, in order to enter a new place of work, you should work out a certain period at the old one and complete all the points on the procedure for leaving work.

Voluntary dismissal of a pensioner

How is the dismissal of a pensioner on his initiative? This procedure is identical to the dismissal of an employee not of retirement age. If the pensioner leaves, then he also writes a statement. However, there is a significant difference here. For pensioners, the legislation does not provide for working off, that is, you can specify any convenient date. The employer cannot refuse him in these terms.

If such a right of a pensioner is violated, then he can appeal to the labor inspectorate with a complaint and then the employer faces a fine. If we consider the possibility of joining the labor exchange, then the pensioner will no longer have it, let alone receive benefits.

How to quit while on vacation?

What is the best way to quit of your own free will or by agreement of the parties during the holidays? In the second case, leaving during the holidays is impossible. But this is likely in the second situation. Here you can carry out the procedure in two ways. The first is the situation when the application is written directly while on vacation. With a period of more than two weeks, you do not need to work out additionally, if it is shorter, then you will still need to continue your work duties.

In the second option, an application for a vacation is initially written and a note is made about the subsequent dismissal. The last working day is indicated as the date of dismissal. On this day, the calculation is made, then the issuance of labor. It is important that the allowance in the form of compensation is no longer provided, since vacation pay has been paid.

Can I voluntarily quit my job while on sick leave?

Only a statement of one's own free will can be a reason to dismiss an employee during sick leave. With the initiative of the employer, such an opportunity does not appear, in addition to the liquidation of the enterprise. If an employee falls ill, then the extension of the working period is also not provided.

During the sick leave, the date of dismissal is not transferred, but the one indicated in the application written by the employee remains. As for the payment of sick leave, it occurs upon its closure within six months. The term for its provision is 10 days. In addition, the employer must pay temporary disability benefits.

Forced to quit of their own free will - what to do

The employee's initiative to quit and the procedure for implementation are set out in article 80 of the Labor Code of the Russian Federation. This is possible if the employee wants it. The employer should not force you to do so. However, in practice, it happens that personal hostility or staff reductions become a reason for forcing employees to write a statement and quit. This is illegal and the employer faces liability before the law.

The labor inspectorate will help to resolve this issue. It is necessary to write a statement about this fact and it is desirable to attach evidence in the form of an audio recording or witness testimony.

Letter of resignation sample

The letter of resignation does not have a unified form, but must contain the following information:

• position and full name of the director and employee;
• the text itself, containing a request to dismiss for a specific reason and the desired date;
• date and signature.

The main thing is to provide it on time.

How to make an entry in the work book?

Dismissal of one's own free will involves an entry in the work book. You need to fill in 4 columns:

• In the first, the serial number of the dismissal is filled in;
• The second column contains the date when the employee was fired;
• The third column contains a commentary on the reason for dismissal, grounds in the form of a link to the article;
• The last one is information about the order.

This procedure is completed by the signature of the head, the seal of the enterprise.

Thus, you need to know how to quit properly, even if it is the employee's own initiative. The procedure is regulated by law and is subject to strict implementation.

Dismissal of one's own free will has to be issued quite often. According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate on his own initiative any contract - urgent, or concluded for an indefinite period. The decision to terminate it is made by him at his own discretion. Any coercion by an employer of a citizen to exercise this right is unacceptable. If an employee has decided to leave the company, he must notify the employer by submitting a written application to him. According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, this must be done no later than 2 weeks, unless a different period is provided. Having received the application, the employer cannot refuse to satisfy the request of the worker. Termination of the contract will be made in due time. The employer is not entitled to change the date of the last day of work indicated in the application.

Voluntary dismissal in 2018, procedure and nuances

Under what article are they fired at their own request in 2018? Sometimes citizens are interested in what article they dismiss of their own free will? Some still confuse the procedure for terminating the contract (Article 80 of the Labor Code of the Russian Federation) and the grounds for dismissal (Clause 3, Part 1, Article 77), and sometimes even recall the Labor Code, which has not been in force since February 1, 2002. We will answer this question. Options and methods for terminating a working relationship are discussed in detail in Art.
80

This is stated in the Instructions for filling out books dated 10.10.03 N 69. What are the rules on dismissal of one's own free will contain the Labor Code? Let's talk about the norms contained in the Labor Code 2016.

Dismissal of one's own free will - article of the Labor Code of the Russian Federation

Law Dismissal of one's own free will on the part of an employee is interpreted in the legislation as "at the initiative of the employee." The main legal regulations on this issue are contained in Article 80 of the Labor Code of the Russian Federation, as well as Article 77 of the Labor Code of the Russian Federation.

Articles of the Labor Code of the Russian Federation and features of dismissal at will

Application form for dismissal of one's own free will FORM_ON_DISMISSION_ON_ONE'S OWN_WISH.doc Dismissal of one's own free will: article 80 of the Labor Code of the Russian Federation The main legal regulation of dismissal of one's own free will is made by articles 80 and 77 of the Labor Code of the Russian Federation. Article 80 of the Labor Code of the Russian Federation reads as follows (the article highlights the most “dangerous” moments that cause disputes between the employee and the employer): What to do if you are forced to quit of your own free will? If you are forced to resign of your own free will, first of all it is necessary to collect a sufficient evidence base that you did not have the will to terminate the employment relationship.

Under what article are employees fired at their own request?

1. If the employee wanted to quit, and before that go on vacation, then he can receive an application for recall only before the vacation itself, but not during it.
2. If a new one has already arrived at the place of the leaving employee and a contract has been signed with him, then it will not work to write an application for recall.

It is worth noting that it is not necessary to work out the prescribed two weeks. If both the employee and the employer have no claims, then the employment relationship can be terminated immediately.

The procedure for dismissal at will

However, it should be remembered that it is impossible to quit on the day the application is submitted, it is necessary to work fictitiously or actually 1 day. More information about working out at the link. Also, the term can be extended, if necessary, if the resigning person agrees.
However, there are cases when the resigning person does not need to work for 14 days. Dismissal of one's own free will without working off is possible under the following circumstances:

1. There is a move in progress.
2. The employee wants to retire.
3. Health problems.
   Supported by a medical certificate.

The basis for such a decision may also be the unlawful acts of the boss or violations of the employee himself. In the application, it is then necessary to indicate the reason, when, as usual, such information is not required.

Voluntary dismissal and the labor code

• Dismissed of his own free will, paragraph 3 of Article 77 of the Labor Code of the Russian Federation.
• P.
  3 art.

Tell me the number of the article of dismissal of your own free will?

With payments it is somewhat more difficult if they could not be received due to absence from the workplace - then you will have to write an application addressed to the head. The paper must indicate the requirement for the payment of the required amounts.

Payments and compensations The amounts of payments in 2017 are fixed by Article 140 of the Labor Code of the Russian Federation. It states that the employee must receive the undeniable amount of money due to him. An employee on the day of dismissal is entitled to the following payments:

• Salary from the date of its last issue.
• Compensation for the required days of vacation, regardless of the period of its limitation.
• If the contract stipulates severance pay, then it must also be reimbursed.

If an employee quits due to joining the army, then he is also entitled to an allowance, the amount of which is stipulated in article 178 of the Labor Code of the Russian Federation.

Voluntary dismissal in 2018

The employee is obliged to work for two weeks after writing a letter of resignation of his own free will. It must be remembered that the two-week period begins the day after the letter is written. That is, in this case, 14 full days are implied.
This period includes working and non-working days. EXAMPLE: a voluntary resignation letter was written by an employee on Wednesday, the 8th of the month. This means that the deadline for working out expires on Thursday, the 23rd of the same month. 3. An agreement to reduce the period of working with the employer (less than two weeks) must be concluded in writing (at least with a duly certified inscription of the employer on a copy of the employee’s application: “I agree for a period of working 5 days after writing the application” or similar).

Voluntary dismissal article number

As for the violation of labor rights, this does not mean the subjective opinion of the employee. This refers to the official bringing of the employer to responsibility. And it must necessarily concern the employee who decided to leave earlier than expected. When will the calculation be? After an official order, all payments for hours worked must be made on the day of dismissal. And this is not a "gift" from the company, it is a duty according to the Labor Code. Violation of this rule is a reason to defend your rights and contact the regulatory authorities. In addition to the salary, the employee is entitled to a payment for unused vacation. You can calculate it yourself if you know the average monthly earnings and the exact number of days worked. Payments on it must also be made on the day of the dismissal order. The only exception to this rule is paid sick leave.

Dismissal of one's own free will

The law sets out the terms for terminating the contract, as well as the obligations of the parties. Filing an application The first thing an employee must do is prepare a letter of resignation, indicating in it that such a decision is due to his own desire. You can do it anytime, no matter the reason. The law does not oblige an employee to explain to his superiors what caused his decision. However, Article 80 of the Labor Code of the Russian Federation requires the employee to inform the manager of his desire 2 weeks before the planned term for terminating the employment contract. The application for dismissal can be written in free form.

Then the document should be transferred to the personnel service or manager. If you suspect that the application will be ignored, you can send it by registered mail with an inventory.

Terms of termination of the contract After informing the authorities about their own desire to quit, a person must work for another 2 weeks.

Voluntary dismissal article number

Article 80 of the Labor Code of the Russian Federation 2018

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Is it legal to dismiss at will later than the date indicated in the application if the employee leaves due to retirement? - Is dismissal of one's own free will legal before the expiration of two weeks, if the date of dismissal is not indicated in the application? - Is dismissal of one's own free will legal if the employee has withdrawn his application, but another employee who has not yet been dismissed has already been invited to his place in the transfer order? - Is dismissal of one's own free will legal if the employee sent a withdrawal of the application by mail, but the employer did not receive it at the time of issuing the dismissal order? 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.

Labor Code (TK RF) 2018

The fact that an employer violates laws and other regulatory legal acts containing labor law norms, the terms of a collective agreement, an agreement or an employment contract, as a circumstance obliging the employer to terminate the employment contract within the period specified in the employee’s application, can be established, in particular, by the bodies exercising state supervision and control over compliance with labor legislation, trade unions, CCC, court (sub.

In all other cases, regarding the termination of the employment contract at the initiative of the employee without working off the period established by law or with a reduction in this period, the consent of the parties must be reached.

An error occurred.

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.

Labor Code of the Russian Federation (TC RF)

Therefore, a notice of dismissal of one's own free will can be made earlier than two weeks in advance.

A temporary or seasonal worker must notify the employer of this three days in advance (see

Art. Art. 292, 296 of the Labor Code of the Russian Federation and comments on them). The same period is provided for when an employee is dismissed of his own free will during the probationary period.
Art. 71

Labor Code of the Russian Federation 2018 - dismissal

It includes the following provisions:

• employee's initiative - at any time, for any reason with the possibility of possible working off (as agreed);
• employer's initiative - systematic absenteeism, loss of confidence, repeated violation of discipline, professional unsuitability;
• downsizing or eventual liquidation of the organization;
• agreement of the parties.

Article 78 - termination by agreement of the parties This is possible at any time, but only without violating the preferences of each of the parties.
Therefore, the staff unit can expect to receive all mandatory compensation and other payments, and the employer can freely ask for voluntary and only paid work until the position is successfully replaced.

The Supreme Court of the Russian Federation draws the attention of the courts to the need to proceed from the fact that termination of an employment contract at the initiative of an employee is permissible in the case when the filing of a letter of resignation was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a letter of resignation of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee (subparagraph "a", paragraph 22

Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation").

However, the threat of the employer to terminate the contract with him on his own initiative cannot be considered as forcing the employee to resign at his own request, provided that the employer had the grounds for this, provided for by law (see Art.

Art. 81 of the Labor Code of the Russian Federation and commentary to it). 5.

Labor Code of the Russian Federation and a commentary to it), while the day of dismissal is considered the last day of vacation.

However, if the employee insists on terminating the employment contract from the originally determined date, his claim must be satisfied. Since the law provides for a mandatory written form for submitting an application for dismissal of one's own free will, it should be assumed that the employee's will to cancel this application should be expressed in the same form.
6. If after the expiration of the termination notice period, the employment contract has not been terminated and the employee does not insist on dismissal, then the contract continues.
Thus, the fact of the expiration of the work period by the employee excludes the possibility for the employer to terminate the employment contract on the basis in question, if "the employee does not insist on dismissal."
The last wording is broad and vague.

Article 80 of the Labor Code of the Russian Federation 2017

At the same time, judicial practice proceeds from the fact that an arbitrary, without agreement with the employee, reduction by the employer of the period of working off or dismissal without working off gives the employee a reason to demand reinstatement at work with payment for forced absenteeism.
There is one exception to this rule, when the reduction of the term is due to valid reasons, the list of which is given in part 3 of the commented article.

Among such cases, one can indicate the entry of an employee into military service under a contract (see.

Art. 83 of the Labor Code of the Russian Federation and commentary to it).

Article 80 of the Labor Code of the Russian Federation 2017 with comments

Articles of the Labor Code of the Russian Federation on dismissal Directly, dismissals relate to disposition numbers 38, 46, 71, 74, 77, 78, 80, 84 of the Labor Code. Each of them concerns the procedure for terminating the primary contract, as well as the procedure for settlements between the two parties. In particular, Article 33 describes all possible grounds on which cooperation may be terminated.

Each employee should at least superficially know their content.

Article 80 of the Labor Code of the Russian Federation 2017 dismissal

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 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. 1. The commented article regulates the procedure for terminating, at the initiative of the employee, both a fixed-term employment contract before its expiration, and a contract concluded for an indefinite period. 2.

Article 80 of the Labor Code of the Russian Federation 2017

Decree of the Plenum of the RF Armed Forces dated March 17, 2004 N 2). It can be expressed in the form of a written statement of the employee about the dismissal of his own free will, indicating in it the conditions for dismissal without working off or with a reduced term of working off, or the corresponding order of the employer containing the signature of the leaving employee. Since the Labor Code of the Russian Federation does not provide for a form of agreement between the employee and the employer regarding the period of working out upon dismissal of one's own free will, such an agreement can also be reached orally.

However, one should take into account the difficulty of proving the existence of this agreement.

As a general rule, if there is another reason for terminating the employment contract (for example, a change in the owner of the organization (see para.

Art. 75 of the Labor Code of the Russian Federation and a commentary thereto), transfer to work for another employer or to an elective position (see art.

Article 80 of the Labor Code of the Russian Federation 2017 dismissal of a pensioner

ST 80 of the Labor Code of the Russian Federation. 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.

Voluntary dismissal and the Labor Code

Under what article are they fired at their own request in 2018?

Sometimes citizens are interested in what article they dismiss of their own free will? Some still confuse the procedure for terminating the contract (Article 80 of the Labor Code of the Russian Federation) and the grounds for dismissal (Clause 3, Part 1, Article 77), and sometimes even recall the Labor Code, which has not been in force since February 1, 2002. We will answer this question.

Options and methods for terminating a working relationship are discussed in detail in Art. 80 of the Labor Code of the Russian Federation. At the same time, the most common reason for dismissal is the termination of a working relationship at the initiative of an employee (clause 3, part 1, article 77 of the Labor Code of the Russian Federation). According to this basis, an entry will be made in the form. This is stated in the Instructions for filling out books dated 10.10.03 N 69.

What are the provisions on dismissal of one's own free will contains the Labor Code?

Let's talk about the norms that the Labor Code of 2016 contains. Dismissal of one's own free will has to be drawn up quite often. According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate on his own initiative any contract - urgent, or concluded for an indefinite period. The decision to terminate it is made by him at his own discretion. Any coercion by an employer of a citizen to exercise this right is unacceptable.

If an employee has decided to leave the company, he must notify the employer by submitting a written application to him. According to Part 1 of Art. 80 of the Labor Code of the Russian Federation, this must be done no later than 2 weeks, unless a different period is provided. Having received the application, the employer cannot refuse to satisfy the request of the worker. Termination of the contract will be made in due time. The employer is not entitled to change the date of the last day of work indicated in the application. The next day after the manager receives the application, the countdown of the dismissal warning period begins (part 1 of article 80 of the Labor Code of the Russian Federation). At this time, the so-called “working off” begins, in which the employee must perform all his work duties.

The employer and the employee may agree to terminate the employment relationship without notice. The consent of the employer to this can be expressed by the inscription on the document: “Dismiss (date) in accordance with the application.”

According to part 3 of Art. 80 of the Labor Code of the Russian Federation, sometimes the employer is obliged to terminate the contract at the request of the employee on the date indicated in the application. This may be due to the inability to continue working (due to enrollment in an educational institution, retirement, etc.).

According to part 4 of Art. 80 of the Labor Code of the Russian Federation, a citizen has the right to withdraw the application. This may be done at any time prior to the issuance of the dismissal order. An application may be withdrawn by a written request.

On the last working day of the employee, the manager must issue an order with the wording: “The employment contract was terminated at the initiative of the employee, clause 3, part 1, art. 77 of the Labor Code of the Russian Federation”. An appropriate entry is made in the work book of the employee on the basis of the order. The employee gets acquainted with the order, he is given a form, for which he signs in the book of accounting for work books. On the day of dismissal, the final settlement is made with the employee.

If the termination of the employment contract was not executed on the last working day, and the employee does not insist on this, the working relationship continues (part 6 of article 80 of the Labor Code of the Russian Federation).

The article was written based on materials from sites: vash-yurist102.ru, legionfg.ru, zakon52.ru, advokattat.ru, clubtk.ru.

Article 80 of the Labor Code of the Russian Federation speaks of such a possibility.

When a person enters into an employment relationship with a company, he primarily seeks to carry out his professional activities in order to receive a constant cash income. This allows him to improve the quality of his life and acquire material benefits for the performance of his functional duties.

However, situations are not uncommon when some are aimed at dismissal of their own free will. This happens for the following reason. The thing is that everyone performs their duties in certain conditions. These include:

• work schedule;
• the amount of monetary reward;
• breaks for meals and rest;
• surcharges and allowances;
• provision of special clothing and tools.

Often, already in the process of performing their functions, they may not suit a person, or the employer may not fulfill part of the agreements. This leads to voluntary dismissal.

Basic information on this issue is contained in Article 80 of the Labor Code of the Russian Federation.

Article 80 of the Labor Code of the Russian Federation with comments is very informative. It contains all the conditions for terminating an employment relationship at the personal request of a person.

Each of the parts touches on very important points of such a procedure:

• part 1 - the ability to interrupt activities;
• part 2 - early termination of relations;
• part 3 of article 80 - cases when the date of departure is determined by the employee himself;
• part 4 - the ability of a person to cancel his appeal;
• part 5 - the obligation of the employer to issue a personal labor document of the person leaving and the final financial settlement;
• part 6 - cases of continuation of activities in the organization.

Of course, Article 80 of the Labor Code of the Russian Federation is not the only one that concerns the termination of professional activity. In the current norms and regulations of the Russian Federation there is a huge mass of articles and clauses that regulate situations when people.

However, those resigning should, first of all, carefully study the content of Article 80 and the comments to it. Art. 80 of the Labor Code of the Russian Federation is fundamental in resolving such a serious issue. The personal labor document will indicate that the employee quit under Article 80.

When a person quits, in most cases he does not even imagine the range of his possibilities when he leaves of his own free will.

And in case. If the specified article of the Labor Code is studied in detail, the initiator will know for sure:

• what other articles mention about;
• how is the dismissal of one's own free will according to the Labor Code.

And when a person is fired, he will be able to apply for the restoration of his opportunities, in case of their violation or limitation.

As stated above, anyone has the option to end their employment relationship with their employer at any time. This possibility is defined and established by the current rules and regulations.

In this case, it is precisely the sole right that is implied. Any initiator of the termination of his activities in the organization is not required to coordinate his intention with the employer. Such an initiative can be implemented by a person at any time, according to his desire. It absolutely does not matter how much the time period of labor activity in the organization was.

It is worth noting that sometimes problems may arise when leaving the organization. The employer may or may not transfer the final settlement amount.

However, as court practice shows, such moments are extremely disadvantageous for the company.

Notice period for dismissal

Under current rules, the initiator of care must inform his employer of his intention.

There is a time limit for this action. It is fourteen calendar days from the date of transfer to the head of the relevant application.

A fairly long period is defined for one purpose. During this time, the parties to the relationship should have the opportunity to prepare. The employee is obliged to fulfill all the instructions and instructions given to him, and the head of the organization, in turn, is obliged to prepare all the necessary papers and calculate the final amount of money that the individual receives upon leaving.

During this time, you can conduct a detailed analysis of the professional activity of the employee and find out if it was caused. In this case, the resigning person will be obliged to compensate him.

In principle, the termination of relations can take place even earlier than the specified period expires. This happens by mutual agreement between the outgoing employee and the head of the organization.

Application Form

The current regulations define the requirements for drawing up a request for termination.

First of all, it is worth noting that such paper is drawn up in writing and with one's own hand. Its compilation begins with the design of the text header. It contains the name of the organization where the person works, its location, as well as data on the head of the company who will consider the appeal.

The next item will be information about the initiator of the petition. This is followed by the text of the paper, which should contain data on the intention of the initiator and the date of leaving work. Under the text of the appeal, the date of compilation and the personal signature of the compiler are affixed.

After drawing up the paper, it is submitted to the head for consideration. The latter must make a decision, which is reflected in the visa imposed on the text. Further, the appeal is registered and transferred for further execution to the personnel and financial specialists of the company.

Can an application be withdrawn?

Often a person, expressing his intention to leave the organization, is guided by emotions. Not logic and common sense. After some time, he begins to regret his hasty decision and wants to stay with the company.

For such situations, the current rules and regulations provide a way out.

The thing is that at any time, while a person is still officially an employee of the company, he can send a petition and cancel his previous appeal.

The rules do not clearly define in what form such an appeal should be expressed, but in practice, most often this is required to be done in writing.

It happens like this:

• the initiator draws up the necessary paper;
• submits it for approval to the head;
• he considers it and instructs the relevant specialists to cancel the previous appeal;
• they, in turn, make an appropriate note on the resignation letter and in the registration list.

It is worth paying attention to the fact that this will be possible if the person has not yet been fired. In the event of his departure, he will have to get a job again, on a general basis.

There are certain restrictions on the possibility to cancel your application. will not be possible if the vacant job was promised to another applicant. The following factors are required here:

• such applicant must be informed in writing about the possibility of being admitted to the organization;
• current regulations should prohibit refusal to such a person.

Preparation of documents upon dismissal

After the receipt, consideration and endorsement of the application for resignation, the employer will be obliged to issue the necessary papers.

In his appeal, the initiator explained that he appealed to the company's management about his personal desire. For all the time of waiting, his request was not granted. He was not given a personal labor document, the payment was not transferred. He appealed to the state budget inspectorate, on whose initiative the money was nevertheless paid, however, no corresponding order was issued to terminate the relationship, the initiator did not receive the labor document. In this regard, he did not have the opportunity to find a job and made a forced absenteeism.

The representative of the company did not appear for the proceedings and did not express his objections to the appeal. In this regard, the consideration took place without the participation of the latter.

During the trial, all the arguments of the initiator were confirmed. According to the conclusion of the court, the person was paid compensation for forced absenteeism and issued a personal working document.

According to Article 37 (Part 1) of the Constitution of the Russian Federation, labor is free; Everyone has the right to freely dispose of their abilities to work, to choose the type of activity and profession. In accordance with these constitutional provisions, the employee has the right to terminate the employment contract with the employer at any time by notifying him of this in advance in writing. At the same time, the requirement addressed to the employee to notify the employer of his dismissal no later than, as a general rule, than two weeks in advance (part one of Article 80 of the Labor Code of the Russian Federation) is due to the need to provide the employer with the opportunity to promptly select a new employee for the vacant position, and fixed by part four of the same article, the right of the employee to withdraw his application before the expiration of the notice of dismissal (unless another employee is invited in writing to take his place, who cannot be refused to conclude an employment contract) is aimed at protecting the labor rights of the employee.

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)

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.

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 is obliged to issue a work book to the employee or provide information on labor activity (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.

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Comments on Article 80 of the Labor Code of the Russian Federation, judicial practice of application

Article 80 of the Labor Code of the Russian Federation establishes a general (uniform) procedure and conditions for terminating, on the initiative of an employee, both a fixed-term employment contract and an employment contract concluded for an indefinite period. The right of the employee to terminate the employment contract before its expiration on his own initiative is not connected with the presence of valid reasons. 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 For two weeks.

Other deadlines for warning the employer of dismissal

The employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance. The following norms of the Labor Code of the Russian Federation establish other terms for the notice of dismissal:

• . The result of the test for employment. If during the trial period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request, notifying the employer in writing about this. three days.
• . Early termination of the employment contract at the initiative of the head of the organization. The head of the organization has the right to terminate the employment contract ahead of schedule by notifying the employer (owner of the organization's property, his representative) in writing no later than one month.
• . Termination of the employment contract. An employee who has concluded an employment contract for a period of up to two months is obliged to notify the employer in writing of three calendar days on early termination of the employment contract.
• . Termination of an employment contract with employees engaged in seasonal work. An employee engaged in seasonal work is obliged to notify the employer in writing about the early termination of the employment contract for three calendar days.
• . Termination of an employment contract (with an employee working for an employer - an individual). The terms of the notice of dismissal, as well as the cases and amounts of severance pay and other compensation payments paid upon termination of the employment contract are determined employment contract.
• . Features of termination of an employment contract with an athlete, with a coach. An athlete, a coach have the right to terminate the employment contract on their own initiative (at their own request), notifying the employer in writing no later than one month, except in cases where the employment contract is concluded for a period of less than four months.

Written notice of resignation is required. 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.

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 part 1 of Art. 77 of the Labor Code of the Russian Federation.

Clarifications of the Supreme Court of the Russian Federation

Clause 22 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" contains the following explanations:

Termination of the employment contract at the initiative of the employee

When considering disputes on termination at the initiative of an employee of an employment contract concluded for an indefinite period, as well as a fixed-term employment contract (paragraph 3 of the first part of Article 77, Article 80 of the Labor Code of the Russian Federation), the courts must keep in mind the following:

• a) 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 resignation letter of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee;
• b) the employment contract may be terminated at the initiative of the employee and before the expiration of the two-week notice period for dismissal by agreement between the employee and the employer.
• c) based on the content of part four of article 80 and part four of article 127 of the Labor Code of the Russian Federation, an employee who has warned the employer about termination of the employment contract has the right to withdraw his application before the expiration of the warning period (and if leave is granted with subsequent dismissal - before the day the vacation begins) to withdraw his application, and dismissal in this case, it is not carried out, provided that another employee is not invited in writing to take his place ... (for more details, see clause 22 of the Resolution).

Positions of the Constitutional Court of the Russian Federation

Part 1 Art. 80 of the Labor Code of the Russian Federation on the possibility of an employee to quit at any time does not contradict the Constitution

Having provided in the first part of Article 80 of the Labor Code of the Russian Federation the opportunity for an employee to quit without hindrance at any time on his own initiative and at the same time establishing the only requirement - to notify the employer about this no later than two weeks in advance, the federal legislator created a legal mechanism that ensures the realization of the right of citizens to free management of one's ability to work. In addition, in order to take into account the interests of employees as much as possible, part four of the same article gives the employee the right to withdraw his application before the expiration of the notice of dismissal (unless another employee is invited in writing to take his place, who cannot be refused to conclude an employment contract).

At the same time, the Supreme Court of the Russian Federation in Resolution of the Plenum of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" indicates the need for the courts to check, when considering disputes on termination of an employment contract at the initiative of an employee, the assertion that there is no voluntary expression of the employee's will to dismiss (subparagraph "a" of paragraph 22).

Thus, the specified legal regulation is aimed at protecting the labor rights of employees and cannot be considered as violating the constitutional rights of the applicant (determination of the Constitutional Court of the Russian Federation of November 20, 2014 N 2577-O)

Part 3 Art. 80 of the Labor Code of the Russian Federation on the possibility of an employee to quit at any time in case of violation of the law by the employer does not contradict the Constitution

Part three of Article 80 of the Labor Code of the Russian Federation provides the employee with the opportunity to terminate the employment relationship at the time chosen by him in the event that the employer violates the requirements of labor legislation, regulations and other regulatory legal acts containing labor law norms, local regulations, the terms of the collective agreement, agreement or employment contract; this norm is of a guarantee nature and in itself cannot be regarded as violating any constitutional rights of citizens (determination of the Constitutional Court of the Russian Federation of June 23, 2015 N 1242-O)

Part 3 Art. 80 of the Labor Code of the Russian Federation on the possibility of an employee to quit at any time in the event of retirement does not contradict the Constitution

The Labor Code of the Russian Federation provides for the right of an employee to terminate an employment contract with an employer by notifying him of this in advance in writing. At the same time, as the Constitutional Court of the Russian Federation noted earlier, the requirement addressed to the employee to notify the employer of his dismissal, as a general rule, no later than two weeks in advance (part one of Article 80 of the Labor Code of the Russian Federation) is due to the need to provide the employer with the opportunity to promptly select a new employee for the vacant position. of the employee, and the right of the employee, enshrined in part four of the same article, to withdraw his application before the expiration of the term of notice of dismissal (unless another employee is invited in writing to take his place, who cannot be refused to conclude an employment contract) is aimed at protecting the labor rights of the employee ( definitions of January 25, 2007 N 131-О-О and of March 22, 2011 N 297-О-О).

As an exception to the general rule on the need to work for two weeks from the date of filing a letter of resignation of one's own free will, part three of Article 80 of the Labor Code of the Russian Federation obliges the employer to terminate the employment contract within the period specified in the employee's application, if the dismissal is due to the impossibility of continuing work ( enrollment in an educational organization, retirement and other cases).

Thus, the challenged legal provision, allowing to determine the date of dismissal in the application for dismissal of one's own free will, acts as an additional guarantee for persons wishing to leave work due to retirement, is aimed at maximum consideration of their interests in a situation where it is impossible for them to continue working, and does not violate the constitutional rights of the applicant (determination of the Constitutional Court of the Russian Federation of 03.07.2014 N 1487-O)

Full text of Art. 80 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under Article 80 of the Labor Code of the Russian Federation.

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.

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 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.

Commentary on Article 80 of the Labor Code of the Russian Federation

1. Article 80 of the Labor Code of the Russian Federation refers to the most common basis for terminating an employment contract - at the initiative of an employee. Such an initiative can be caused by any reasons - moving, the desire to move to another job, etc.

In this case, the employee is obliged to notify the employer in writing of the upcoming dismissal, which he has no right to interfere with.

A prerequisite is that such a notice (application) is submitted two weeks before the upcoming dismissal (which protects the interests of the employer, who is given sufficient time to find a new employee). Within 14 days, the employee continues to work on the same terms.

It should be borne in mind that the two-week period begins only on the day after the delivery of the letter of resignation of one's own free will to the employer.

The application for dismissal of one's own free will is submitted in writing. It is advisable to draw up an application in duplicate so that one copy with the employer's mark of receipt remains with the employee. Similarly, it is possible to send the relevant application to the employer by registered mail with acknowledgment of receipt (in this case, the two-week period will start from the date the letter is received by the employer).

In paragraph 22 of the resolution of the Plenum of the Supreme Court of the Russian Federation on the application by the courts of the Labor Code of the Russian Federation, attention is drawn to the fact that termination of an employment contract at the initiative of an employee is permissible only if the filing of an application for dismissal was his voluntary expression of will. If the employee claims that the employer forced him to submit a letter of resignation of his own free will, then this circumstance is subject to verification. The obligation to provide evidence of such coercion rests with the employee.

2. The federal law may provide for a shortened or extended term for warning the employer of voluntary dismissal.

However, the legislator retains one more opportunity for the employee and the employer to maintain labor relations. If the notice period for dismissal has expired, and the employment contract has not been terminated, and the employee does not insist on dismissal, the employment contract continues. This is possible, in particular, when the parties to the employment contract settle any conflict situations that caused the employee to submit a letter of resignation of his own free will.

For example, by the ruling of the Supreme Court of the Russian Federation of August 10, 2012 N 78-KG12-10, the claim for reinstatement was satisfied, since the defendant (employer) did not verify the intention of the plaintiff, who was absent from work on the last day, to quit under Art. 81 of the Labor Code of the Russian Federation, did not make a final settlement with her that day, did not issue her a work book and other necessary documents; legal grounds to consider that the plaintiff lost the opportunity to exercise the right to withdraw her application for dismissal from the moment the employer issued the order to dismiss her or from the end of the working day, the defendant did not have.

Another commentary on Art. 80 of the Labor Code of the Russian Federation

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

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

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

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

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

5. If, before the expiration of the notice period for terminating the employment contract, the employee refused to be dismissed of his own free will, he is considered not to have submitted an application and cannot be dismissed on the grounds under consideration. An exception is the case when another employee is invited in writing to replace the resigning employee, who, by virtue of the law, cannot be refused to conclude an employment contract. The wording of the commented article is quite unambiguous: only those cases are meant when another employee is invited to take the place of an employee leaving of his own free will, moreover, in writing, i.e. a person employed by another employer, dismissed in the order of transfer to this employer (see article 72, paragraph 5 of article 77 of the Labor Code and commentary to them). Accordingly, all other guarantees established by law for concluding an employment contract (see Article 64 of the Labor Code and the commentary thereto) do not apply to the situation provided for by the commented article. For example, a voluntary resignation letter cannot be denied to an employee on the grounds that the job is to be filled by a pregnant woman who is promised the job.

When granting leave with subsequent dismissal in the event of termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his application for dismissal before the day the vacation begins, if another employee is not invited to his place in the order of transfer (see article 127 of the Labor Code and commentary to it ). In the event that during the period of being on vacation a temporary disability of the employee has occurred, as well as for other valid reasons, the vacation is subject to extension by the appropriate number of days (see Article 124 of the Labor Code and the commentary to it), while the day of dismissal is considered the last day of vacation. However, if the employee insists on terminating the employment contract from the originally determined date, his claim must be satisfied.

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

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

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

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

7. The period of notice by the employee of the employer about the upcoming dismissal is determined by labor legislation. In accordance with the commented article, an employee, when terminating an employment contract, is obliged to notify the employer in writing no later than two weeks in advance. Therefore, a notice of dismissal of one's own free will can be made earlier than two weeks in advance.

A temporary or seasonal worker must notify the employer of this three days in advance (see Articles 292, 296 of the Labor Code and commentary thereto). The same period is provided for when an employee is dismissed of his own free will during the test period (see article 71 of the Labor Code and commentary thereto). The head of the organization has the right to terminate the employment contract ahead of schedule by notifying the employer (owner) of the organization's property no later than one month in advance (see Article 280 of the Labor Code and commentary thereto). The expiration of the term begins the next day after the calendar date, which determines the submission of the application (see Article 14 of the Labor Code and commentary thereto).

The absence of an employee at work for good reasons (for example, due to temporary disability) is not a basis for extending the period of working out upon dismissal of one's own free will. At the same time, the employee's refusal to dismiss may be declared by the employee during the period of his absence from work for the indicated reasons.

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

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

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

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

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

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

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

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