Dismissal of one's own free will - registration rules and controversial situations. Voluntary dismissal 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)

1. Article 80 establishes the general (uniform) procedure and conditions for terminating, on the initiative of the employee, both a fixed-term employment contract and an employment contract concluded for an indefinite period. Thus, the possibility of terminating an employment contract before its expiration at the initiative of the employee is not related to the presence of good reasons for him. The employee has the right to terminate at his own request any employment contract at any time. He is only obliged to notify the employer in writing no later than two weeks in advance. The head of the organization is obliged to notify the employer (the owner of the property of the organization or his representative) in writing about the early termination of the employment contract no later than one month in advance (see comments to). An employee who has concluded an employment contract for a period of up to two months, as well as an employee engaged in seasonal work, are required to notify the employer in writing of the early termination of the employment contract three calendar days in advance (see comments to Art.,).

2. The written form of the application for dismissal is obligatory. An oral statement by an employee about the termination of an employment contract cannot be the basis for the employer to issue an appropriate dismissal order. The obligation of the employee stipulated by the Labor Code to notify the employer of the termination of the employment contract at his own request no later than two weeks in advance (the head of the organization - one month in advance) means that he can do this for a longer period. Two weeks (month) is the minimum period for which the employee is obliged to notify the employer of the desire to terminate the employment relationship. The notice period begins the day after the employer receives the employee's application for dismissal. So, if the employee submitted a letter of resignation on June 1, then the two-week period expires on June 15. This day will be the last day of work (day of dismissal) (see).

3. In accordance with part 2 of the commented article, by agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the established notice period. 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. Termination of an employment contract by agreement of the parties is possible only when the consent of the employer to the dismissal has legal significance and without such consent the employment contract cannot be terminated (see comments to Article 78). In the case when the employee himself expressed a desire to terminate the employment relationship and asks to dismiss him before the expiration of the established notice period, the consent of the employer to the very termination of the employment contract has no legal significance. It matters only for determining the specific date of dismissal, because. the employee asks to be dismissed before the expiration of the period established for the notice of dismissal at his own request. If the parties have agreed to terminate the employment contract before the expiration of the established notice period, the employment contract is terminated on the basis of paragraph 3 of Art. 77 Labor Code on the day determined by the parties.

The agreement of the parties on early (before the expiration of the two-week period) termination of the employment contract must be expressed in writing, for example, in the form of an employer's resolution on the application of the employee who applied for dismissal from a specific date. A verbal agreement between the parties cannot be evidence of such an agreement. Judicial practice also testifies to this. Thus, the Supreme Court of the Republic of Buryatia rightfully declared unfounded the decision of the Railway Court, which refused c. L. was reinstated at work, pointing out that in L.'s application there is no employer's resolution that would confirm his consent to terminate the employment contract before the expiration of the notice of dismissal. Therefore, on the basis of this statement, it cannot be concluded that there was a bilateral agreement to terminate the employment contract before the expiration of the notice of dismissal (Review of the cassation practice in civil cases of the Supreme Court of the Republic of Buryatia for 12 months 2006 of 10/19/2007).

If the employer has not agreed to terminate the employment contract before the expiration of the warning period, the employee is obliged to work for the established period. Early termination of work in this case is a violation of labor discipline. Termination of work without notice of dismissal will also be a violation of labor discipline. An employee who arbitrarily left work may be dismissed for absenteeism. In turn, the employer does not have the right to dismiss the employee before the expiration of two weeks after the filing of an application for termination of the employment contract, if the application does not indicate the date of dismissal, or before the expiration of the period specified in the application. During the entire period of warning, the employee retains his workplace (position).

4. If the employee's application for dismissal of his own free will is due to the impossibility of continuing his work (enrollment in an educational institution, retirement, sending a husband (wife) to work abroad, to a new place of service, and other cases), the employer is obliged to terminate the employment contract in the period specified in the employee's application.

The same obligation arises for the employer also in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract. At the same time, it must be borne in mind that these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, commissions on labor disputes, the court (paragraph 22 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

5. The need to terminate the employment contract may arise for the employee not only during the period of work, but also during the time when he is absent from work for any reason, for example, during a period of temporary disability, vacation, business trip. In this regard, the question arises whether the employee has the right to apply for dismissal of his own free will at this time and whether it is counted in the notice period for dismissal of his own free will.

The answer to this question follows from the main purpose of the notice of dismissal, namely: to enable the employer to select a new employee to replace the one who leaves on his own initiative. Having warned the employer about the dismissal in advance in writing, the employee provides him with such an opportunity. It does not matter if he is at work, on vacation or sick. The employer has the right to start looking for a new employee from the moment of filing a letter of resignation. Therefore, all this time from the date of filing an application for dismissal of one's own free will is counted in the notice period for dismissal.

If an employee who is on vacation asks to be dismissed during the vacation period and before the expiration of the notice period established by law, and the employer agrees to this, the dismissal is made within the period requested by the employee.

The employer has the right to terminate the employment contract with the employee at the end of the term of notice of dismissal at his own request and in the event that during the period of the notice the employee fell ill and continues to be ill at the end of the notice period, because. the period of illness does not suspend the period after which the employee is subject to dismissal. The dismissal of an employee of his own free will in accordance with his application is also possible during a period of temporary disability, because. The initiative to terminate comes from the employee, not from the employer.

6. Submission by an employee of an application for termination of an employment contract of his own free will is not always the actual desire of the employee to terminate the employment relationship.

The Decree of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2 clarifies that termination of an employment contract at the initiative of an employee is permissible in the case when the filing of an application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a letter of resignation of his own free will, then these circumstances are subject to verification, and the obligation to prove them lies with the employee (subparagraph "a", paragraph 22). At the same time, any pressure from the employer, incl. and the threat to fire him on his own initiative in cases where the employer had any reason to do so. Otherwise, it is impossible to talk about the termination of the employment contract at the initiative of the employee. This conclusion was rightly made by the Laginsky District Court of Elista, satisfying the claim for the reinstatement of c. U., who filed a letter of resignation of her own free will under pressure from her manager, who threatened her to “spoil her work book”, dismissing her “under the article” for losing a report and failing to submit it (see Review of the judicial practice of the Supreme Court of the Republic of Kalmykia on the consideration of civil cases in cassation and supervisory procedure in 2006).

7. In accordance with part 4 of the commented article, an employee who has warned the employer about the termination of the employment contract of his own free will has the right to withdraw his application before the expiration of the warning period (and in case of granting leave with subsequent dismissal - before the day the vacation begins) and dismissal in this case is not performed, provided that another employee is not invited to his place in writing, who, in accordance with the Labor Code and other federal laws, cannot be refused to conclude an employment contract (subparagraph "c", paragraph 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 17.03. 2004 No. 2). For example, an employee who has submitted a letter of resignation of his own free will cannot withdraw his application if another employee is invited to his workplace (position) in the order of transfer from another organization in agreement with the heads of these organizations, because in accordance with such an employee, an employment contract cannot be refused within a month from the date of dismissal from the previous place of work (see comments to Article 64).

8. After the expiration of the term of notice of dismissal of his own free will, the employer has no right to detain the employee. No reasons (monetary debt, the need to complete the work begun, material values \u200b\u200bhave not been handed over, the hostel has not been vacated, etc.) can serve as a basis for this. On the day of dismissal - the last day of work - the employer is obliged to issue him a work book with a record of dismissal made in it, other documents at the written request of the employee and make settlements with him. On this day, the employee may be released from work for the time necessary to receive the calculation and work book, if for objective reasons he cannot do this at the end of the working day (shift). If the employee is absent from work on the day of dismissal, then the employer must send him a notice on the same day about the need to appear for a work book or agree to send it by mail. Sending a work book by mail with delivery to the specified address is allowed only with the consent of the employee (clause 36 of the Rules for the maintenance and storage of work books) (see comments to article 84.1).

In the event that the employer did not dismiss the employee after the expiration of the warning period, the employee has the right not to go to work.

9. If, after the expiration of the notice period, the employment contract is not terminated and the employee does not insist on dismissal, the validity of the employment contract is considered continued. At the same time, no additional agreements are required in this regard.

Assigning to the employee the right to terminate the employment contract on his own initiative at any time, Art. 80 does not oblige the employee, upon dismissal of his own free will, to indicate in the application the reason why he wants to terminate the employment contract. But if the provision of certain benefits or guarantees to the employee depends on the reason for dismissal in accordance with the law, then such a reason should be indicated in the application.

Official text:

Article 80

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

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

In cases where the employee's application for dismissal on his initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in an educational organization, retirement and other cases), as well as in cases of established violation by the employer of labor legislation and other regulatory legal acts, containing norms of labor law, local regulations, terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

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.

Lawyer's comment:

This article defines the procedure and conditions for terminating an employment contract at the initiative of an employee (at his own request), concluded both for an indefinite period and for an urgent one. The previous norm (Article 32 of the Labor Code) provided for the termination of a fixed-term employment contract, but if there were good reasons. According to the Labor Code, an employee has the right to terminate an employment contract (including a fixed-term one) by notifying the employer in writing two weeks in advance. Termination of the employment contract at the initiative of the employee is permissible in the case when the filing of an application for dismissal was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a letter of resignation of his own free will, then this circumstance is subject to verification and the obligation to prove it rests with the employee (subparagraph "a" of paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

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

The employee can terminate the employment contract at his own will at any time (including while on vacation, during a period of temporary disability, on a business trip, since the purpose of such a statement is to warn the employer about the dismissal so that he has the opportunity to select a new employee). In cases where the employee's application for dismissal is due to the inability to continue working (hiring him for full-time education, retirement, transfer of a spouse to another locality, etc.), as well as in cases where the employer has violated the law or other regulatory legal acts on labor , conditions of an employment or collective agreement, agreement, the employer is obliged to terminate the employment contract within the period specified by the employee. At the same time, it must be borne in mind that these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, the CCC, the court (paragraph 2, subparagraph "b" of paragraph 22 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17 .2004 No. 2).

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

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

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

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.

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 Art. 80 of the Labor Code of the Russian Federation

Employment contract- urgent or with an indefinite period of validity - can be terminated at the initiative of the employee with a mandatory written warning of this to the employer at least two weeks before dismissal, unless another period is established by the Labor Code or other federal law (see,).

Dismissal of an employee of his own free will before the expiration of the notice period is possible both by agreement of the parties, and if there are good reasons (retirement, enrollment in education, etc.), as well as in cases of established violation by the employer of the labor rights of employees (see clause 22 RF PPVS dated March 17, 2004 N 2).

If the employee withdraws the application before the expiration of the warning period, dismissal is not carried out, except in cases established by the Labor Code and other federal laws (see).

After the warning period has expired, the employer does not have the right to detain the employee and must dismiss him with the issuance of a work book on the last day of work and the final settlement (see).

If, after the expiration of the warning period, the employment contract has not been terminated, i.e. the corresponding order (instruction) of the employer was not issued, and the employee does not insist on dismissal, the employment contract continues.

Article 80 of the Labor Code of the Russian Federation, like all other articles of Chapter 13, are special relatively - they regulate the features of each method of termination of labor relations. Article 80 regulates the termination of an employment contract at the initiative of the employee (at his own request).

Most often, employers are faced with such problems of these articles - if article 80 is special regarding, then how should an employee be fired, which article should be indicated in the work book?

According to government decree No. 225 of April 16, 2003, it was established that when employees are dismissed for the reasons provided for in Art. 77, an entry is made in the work book with reference to the relevant paragraph of this article. Exceptions are clause 4 (termination of the contract at the initiative of the management) and clause 10 (conditions independent of the will of the parties), in such a case a mark is made with reference to the relevant article of the legislation.

So, when an employee is dismissed at his own request, it is indicated.

Second commentary on Article 80 of the Labor Code

1. Article 80 of the Labor Code of the Russian Federation grants the right to the employee on his initiative at any time to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless the Labor Code of the Russian Federation or other federal law establishes a different period. You need to know that the specified period begins the next day after the employer receives the employee's application for dismissal. This provision reflects the principle of freedom of labor and freedom of labor contract.

2. An employment contract, by agreement of an employee who has submitted an application for resignation of his own free will, with the employer may be terminated even before the expiration of the notice of dismissal.

3. In cases where the employee's application for dismissal is due to the impossibility of continuing work (hiring him for full-time study at a university or other educational institution, retirement, transfer of a spouse to another locality and other good reasons), as well as in case of violation by the employer of labor rights of the employee, the terms of the employment or collective agreement, agreement, the employer is obliged to terminate the employment contract within the period specified in the employee's application.

4. The employee has the right to withdraw his application at any time before the expiration of the warning period, except when an employee from another organization is invited to his place in writing, to whom. The employer is obliged (except for the specified case) to cancel the application of the employee (to return it to him).

5. It should be borne in mind that the Plenum of the Supreme Court of the Russian Federation in Resolution No. 2 of March 17, 2004 in clause 22 indicated that if, after the expiration of the warning period, the employment contract was not terminated and the employee does not insist on dismissal, the validity of the employment contract considered continued.

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

6. If an employee left work before the expiration of the warning period and without an order for his early dismissal, the employer may qualify this as absenteeism without good reason and dismiss such an employee for absenteeism (see).

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

7. After the warning period has expired, if the employer does not dismiss the employee for some reason (which is often found in practice), the latter may leave the job. The employer is obliged to issue him a work book and make settlements with him. Otherwise, according to, the employee is paid the earnings that he did not receive for the time of illegal deprivation of his opportunity to work, since he cannot enter another job without a work book.

8. During the warning period, the employer has the right to dismiss the employee if he committed an offense that is the basis for dismissal (appeared at work in a state of intoxication, etc.).

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

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

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

11. Those sentenced to correctional labor without imprisonment during the period of their serving cannot be dismissed at their own request without permission in writing from the criminal correctional inspection (

1. 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. That is, the possibility of terminating an employment contract before its expiration at the initiative of the employee is not related to the presence of good reasons for him. The employee has the right to terminate any employment contract at his own request and at any time. He is only obliged to notify the employer in writing no later than 2 weeks in advance. The head of the organization is obliged to warn the employer (the owner of the property of the organization or his representative) in writing about the early termination of the employment contract no later than one month in advance (see comments to Article 280). An employee who has concluded an employment contract for a period of up to 2 months, as well as an employee engaged in seasonal work, are obliged to notify the employer in writing 3 calendar days in advance of the early termination of the employment contract (see comments to Articles 292, 296).

2. The written form of the application for dismissal is obligatory. An oral statement by an employee about the termination of an employment contract cannot be the basis for the employer to issue an appropriate dismissal order. The obligation of the employee, provided for by the Labor Code, to notify the employer of the termination of the employment contract of his own free will no later than 2 weeks (the head of the organization - one month) means that he can do this for a longer period. Two weeks (month) is the minimum period for which the employee is obliged to notify the employer of the desire to terminate the employment relationship. The notice period begins the day after the employer receives the employee's application for dismissal. So, if the employee submitted a letter of resignation on June 1, then the 2-week period expires on June 15. This day will be the last day of work (the day of dismissal) (see comments to Article 84.1).

3. In accordance with part 2 of article 80 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the established notice period. At the same time, it should be borne in mind that in this case the basis for dismissal will be the employee’s own desire, and not the agreement of the parties, provided for in paragraph 1 of Art. 77 TK. Termination of an employment contract by agreement of the parties is possible only when the consent of the employer to the dismissal has legal significance and without such consent the employment contract cannot be terminated (see comments to Article 78). In the case when the employee himself expressed a desire to terminate the employment relationship and asks to dismiss him before the expiration of the established notice period, the consent of the employer to the very termination of the employment contract has no legal significance. It matters only for determining the specific date of dismissal, because. the employee asks to be dismissed before the expiration of the period established for the notice of dismissal at his own request. If the parties have agreed to terminate the employment contract before the expiration of the established notice period, the employment contract is terminated on the basis of paragraph 3 of Art. 77 Labor Code on the day determined by the parties.

The agreement of the parties on early (before the expiration of the 2-week period) termination of the employment contract must be expressed in writing, for example, in the form of an employer's resolution on the application of the employee who applied for dismissal from a specific date. A verbal agreement between the parties cannot be evidence of such an agreement.

If the employer has not agreed to terminate the employment contract before the expiration of the warning period, the employee is obliged to work for the established period. Early termination of work in this case is a violation of labor discipline. Termination of work without notice of dismissal will also be a violation of labor discipline. An employee who arbitrarily left work may be dismissed for absenteeism. In turn, the employer does not have the right to dismiss the employee before the expiration of 2 weeks after he submitted an application for termination of the employment contract, if the application does not indicate the date of dismissal, or before the expiration of the period specified in the application. During the entire period of warning, the employee retains his workplace (position).

4. If the employee's statement of resignation of his own free will is due to the impossibility of continuing his work (enrollment in an educational institution, retirement, or other good reasons due to which the employee cannot continue further work, for example, sending a husband (wife) to work abroad , to a new place of service), the employer is obliged to terminate the employment contract within the period specified in the employee's application. The same obligation arises for the employer in cases of violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of a collective agreement, agreement or employment contract. At the same time, it must be borne in mind that these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, commissions on labor disputes, the court (paragraph 22 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 Mr. N 2).

5. The need to terminate the employment contract may arise for the employee not only during the period of work, but also at the time when for some reason he is absent from work, for example, during a period of temporary disability, on vacation, on a business trip. In this regard, the question arises, is the employee entitled to apply for dismissal of his own free will at this time and does it count towards the notice period for dismissal of his own free will?

6. Submission by an employee of an application for termination of an employment contract of his own free will is not always the actual desire of the employee to terminate the employment relationship.

Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 clarifies 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 these circumstances are subject to verification and the obligation to prove them rests with the employee (subparagraph "a", paragraph 22). At the same time, any pressure from the employer, incl. and the threat to fire him on his own initiative in cases where the employer had any reason to do so. Otherwise, it is impossible to talk about the termination of the employment contract at the initiative of the employee. This conclusion was rightly made by the Laginsky District Court of Elista, satisfying the claim for the reinstatement of c. U., who filed a letter of resignation of her own free will under pressure from her manager, who threatened her to “spoil her employment record”, dismissing her “under the article” for losing a report and failing to submit it (see Review of the judicial practice of the Supreme Court of the Republic of Kalmykia on the consideration of civil cases in cassation and supervisory procedure in 2006 // Bulletin of the Supreme Court of the Republic of Kazakhstan, 2007, N 1).

7. In accordance with Part 4 of Article 80 of the Labor Code of the Russian Federation, an employee who has warned the employer about the termination of the employment contract of his own free will has the right to withdraw his application before the expiration of the warning period (and in case of granting leave with subsequent dismissal - before the day the leave begins) to withdraw his application, and dismissal at in this case, it is not carried out provided that another employee is not invited to his place in writing, who, in accordance with the Labor Code and other federal laws, cannot be refused to conclude an employment contract (subparagraph "c", paragraph 22 of the Resolution of the Plenum of the Armed Forces dated March 17, 2004 N 2). For example, an employee who has submitted a letter of resignation of his own free will cannot withdraw his application if another employee is invited to his workplace (position) in the order of transfer from another organization in agreement with the heads of these organizations, because in accordance with Art. 64 of the Labor Code, such an employee cannot be refused to conclude an employment contract within a month from the date of dismissal from the previous place of work (see comments to article 64).

In the event that the employer did not dismiss the employee after the expiration of the warning period, the employee has the right not to go to work.

9. If, after the expiration of the notice period, the employment contract has not been terminated and the employee does not insist on dismissal, the validity of the employment contract is considered continued. At the same time, no additional agreements are required in this regard.

Assigning to the employee the right to terminate the employment contract on his own initiative at any time, Art. 80 of the Labor Code of the Russian Federation does not oblige the employee, upon dismissal of his own free will, to indicate in the application the reason why he wants to terminate the employment contract. But if the provision of certain benefits or guarantees to the employee depends on the reason for dismissal in accordance with the law, then such a reason should be indicated in the application.

Article 80 of the Labor Code of the Russian Federation establishes the procedure for dismissal of an employee at his own request. Let us consider what provisions this article fixes, we will give explanations of lawyers on its application and a sample application.

From this article you will learn

The employee has the right to quit at his own request, article 80 of the Labor Code of the Russian Federation establishes the warning period and the ability to terminate the employment relationship before the warning period expires. Particular attention should be paid to the most difficult moments. A selection of articles prepared by our experts will help you to carry out the procedure correctly.

What provisions are fixed by article 80 of the Labor Code of the Russian Federation: dismissal of one's own free will?

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Employee's voluntary resignation letter
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On the basis of the Labor Code of the Russian Federation, dismissal of one's own free will can take place before the expiration of the two-week warning period. The employer is obliged to terminate the TD within the period specified in the written notice if this is due to the inability to continue working as an employee, for example, when enrolling in educational institutions, retiring, and so on. Also, before the expiration of the warning period, it is possible if a violation of the law by the employer or a violation of other regulatory legal acts that contain labor law, collective, labor agreement, local regulatory legal acts is established.

Article 80 of the Labor Code of the Russian Federation "Dismissal of one's own free will": what difficult points are important to consider?

The employee can withdraw the application during the entire period of validity of the warning. According to Article 80 of the Labor Code, dismissal of one's own free will is not carried out in this case. But if another specialist comes to the place of the employee planning to leave, to whom an invitation was sent in writing, and he cannot be refused employment, taking into account the Labor Code, other federal laws, the termination of the TD with the employee will take place even if he changed his mind. See all the nuances in the thematic article:

After the expiration of the warning period, the employee has the right to stop working, on the last working day, if the dismissal of his own free will on the basis of Article 80 of the Labor Code of the Russian Federation took place in 2018, it is necessary:

issue final settlement and work book;
give other documents that are related to work;
submit a salary certificate and extracts from the SZV-M and SZV-STAZH forms and the calculation of insurance premiums, at the request of the employee, other extracts and copies of documents, if required.

If it has ended, and the TD has not been terminated, the employee does not insist on his departure, the employment relationship continues. How to document everything, read the expert's recommendations.

Question from practice

Answered by Ivan Shklovets
Deputy Head of the Federal Service for Labor and Employment.

First, get a statement from the employee. Make sure it contains the date. When the warning period expires, issue an order, fill out a personal card and make an entry in the work book. On the last day of work, pay the employee the final payment, issue a work book and other necessary documents. Read more about each step in our recommendation.

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How to apply article 80 of the Labor Code "Dismissal of one's own free will": explanations from lawyers

Article 80 of the Labor Code of the Russian Federation "Dismissal of one's own free will" regulates the basic procedure for terminating both urgent and indefinite TD at the initiative of an employee. It is important to bear in mind that the will to terminate the employment relationship at the initiative of the employee must be expressed in writing. In practice, employee

Dismissal of one's own free will, which article of the Labor Code of the Russian Federation in 2018 regulates the procedure for terminating labor relations at the initiative of the employee, we examined. Next, we give the comments of lawyers on the application of Article 80 of the Labor Code of the Russian Federation. The employer must give the employee a complete calculation and labor on the last day of work. See the procedure in the feature article:.

If this does not happen, the extradition is delayed and this is motivated by various reasons, for example, the absence of a completed bypass sheet, untimely delivery of material assets, and so on, such actions of the employer are considered unlawful. The employee has the right to appeal against them in the manner prescribed by law.

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Work book (fragment). Registration of termination of the TD with the employee at his own request
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The employee may terminate the employment relationship at any time. In the general case, it is not necessary to give reasons. But if the employee is sure that the reason for terminating the TD is considered significant, which does not allow him to continue working, he must indicate this in his letter of resignation. In this case

Even when an employee himself wants to leave the company, there are situations in which it is difficult for the personnel officer to understand how to do the right thing. For example, an employee sent an application by mail, and the employer received a letter later than the desired day of dismissal. Or another problem: the director signed the order, but the employee changed his mind about leaving. In this article, we examined atypical situations that occur when a trade agreement is terminated at the initiative of an employee, and we deduced five rules. Check yourself if this is how you fire your employees.

Article 80 of the Labor Code of the Russian Federation: dismissal of one's own free will without a notice period

Article 32 of the Labor Code of the Russian Federation 2018 “Dismissal of one’s own free will” allows early termination of the TD or the contract if, for health reasons, the employee cannot continue working or if the employer has violated labor legislation, the provisions of the collective, TD, for other good reasons.

Article 80 of the Labor Code of the Russian Federation "Dismissal of one's own free will" establishes the procedure for terminating a TD, the warning period and the ability to terminate an employment relationship before the expiration. During the entire warning period, the employee has the right to withdraw his application. If a specialist from another organization who has already quit his job was not invited to his place, the employment relationship will continue. For valid reasons, the termination of the TD is carried out on the date indicated in the application.