Dismissal of their own free will Article 80. Dismissal of their own free will. How to properly quit your job of your own free will

According to article 37 (part 1) of the Constitution Russian Federation labor is free; everyone has the right to freely dispose of their abilities for work, to choose their 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, 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 Labor Code Of the Russian Federation) is due to the need to provide the employer with the opportunity to timely select a new employee for the vacant position, and the employee's right, enshrined in part four of the same article, to withdraw his application before the expiration of the notice of dismissal (unless another employee is invited in his place in writing, who cannot be denied custody employment contract) is aimed at protecting the labor rights of the employee.

New edition of Art. 80 of the Labor Code of the Russian Federation

The employee has the right to terminate the employment contract by notifying the employer about this in writing not later than two weeks, unless another period is established by this Code or otherwise. federal law... The course of the specified period begins on 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 expiry of the notice of dismissal.

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

Before the expiry of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not made, unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied to conclude an employment contract.

Upon expiration of the term of the notice of dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee with a work book, other documents related to the work, upon a written application from the employee, and make a final settlement with him.

If, after the expiry of the term for the notice of dismissal, the employment contract has not been terminated 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

The procedure for terminating an employment contract on the initiative of an employee is determined by article 80 of the Labor Code of the Russian Federation. This article grants the employee the right to early termination of the employment contract of his own free will, without making this desire dependent on the motives that the employee is guided by in this case - they can, in principle, be any.

The early termination of the employment contract on the initiative of the employee is preceded, as already noted, by a written warning about this to the employer, which must be sent to the latter no later than 2 weeks before the expected date of dismissal of the employee. It is noteworthy that such an application must be submitted by an employee, regardless of whether he is "on duty" or, for example, on sick leave.

Accordingly, when applying for work (for example, after a vacation), the employee must proceed from the fact that, in general, the employment contract with him will be terminated on the 15th day after the application is submitted. Upon expiration of the term of the notice of dismissal, the employee has the right to stop working.

However - and dear readers should pay special attention to this - by agreement between the employee and the employer, the employment contract can be terminated even before the expiry of the notice of dismissal, i.e. earlier than 14 days. To do this, the employee should indicate in a written application the desired date of dismissal.

For its part, the employer can satisfy this request of the employee, and can deny him this. Nevertheless, in cases where the submission of a written application for early termination of the employment contract at the initiative of the employee is due to the impossibility of continuing his work, for example, in connection with enrollment in educational institution, retirement and other similar reasons, as well as in cases of established violation by the employer of laws and other regulatory legal acts containing labor law norms, conditions of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the period specified by the employee in the application ...

On the other hand, Article 80 of the Labor Code of the Russian Federation grants the employee the right to withdraw a written application submitted earlier at any time before the expiration of the notice of dismissal. The emergence of such a situation, which in practice, by the way, is by no means rare, suggests two options for resolving it:

1. At the time of the employee's withdrawal of a written application for early termination of the employment contract for the vacated position ( workplace) no other employee was invited in writing.

In this case, the employer does not have the right to refuse the "changed-thinking" employee to continue working on the conditions stipulated by the "nearly" unbroken labor contract. Thus, if after the expiry of the term of the notice of dismissal, the employment contract was not terminated and the employee no longer insists on dismissal, continuing to perform the work entrusted to him in accordance with the employment contract ( labor function), then the employment contract continues until the occurrence of circumstances that make it possible to terminate it legally.

2. At the time of the employee's withdrawal of a written application for early termination of an employment contract for a vacant position (workplace), the employer invited another employee in writing, to whom - we emphasize this - in accordance with the Labor Code of the Russian Federation and other federal laws, cannot be denied the conclusion of an employment contract. Let us explain this with the following example:

For the position of the employee Lukin L.L., who submitted a written application with a request for dismissal of his own free will, a few days after that, an employee Novikov N.N. was invited in writing. Moreover, for Lukin L.L. the work performed by him was the main one, and Novikov N.N. invited to work as a part-time job.

Three days before the end of the warning period Lukin L.L. submitted to the employer a written application with a request to continue working in the same capacity. In this situation, the employer has the right:

b) propose to N.N. Novikov performance of work as the main one and in case of consent of the latter, expressed in the form of a written statement, notify L.L. Lukin. that an employee was invited in his place in writing, for whom this work will also be the main one. However, in case of refusal Novikova N.N. from performing work as the main one, in turn, may be refused to provide this work, since Lukin L.L. is still ready to carry it out precisely as the main one (as it was provided for by the employment contract previously concluded with him);

c) in the case of the consent of N.N. Novikov to perform work previously performed by L.L. Lukin, the main employer may (but is not obliged) to offer L.L. Lukin. other existing work at the enterprise and, with the consent of L.L. Lukin, take him to the enterprise in a new capacity, having previously terminated the employment contract with him on the basis provided for in Article 80 of the Labor Code of the Russian Federation, and then concluding a new employment contract with the employee.

On the dismissal of an employee on the basis provided for in Article 80 of the Labor Code of the Russian Federation, the employer issues a corresponding order. On the basis of the order to dismiss the employee, other necessary documents are drawn up.

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

1. Article 80 of the Labor Code of the Russian Federation regulates the procedure for termination, at the initiative of the employee, of both a fixed-term employment contract before its expiration, and an agreement concluded for an indefinite period. Previous legislation established restrictions on the employee's ability to prematurely terminate a fixed-term employment contract (Article 32 of the Labor Code), reasonably based on the fact that the term condition is one of the many conditions that make up the content of the employment contract, due to which an unmotivated unilateral violation of this condition contradicts the universal the principle of contract law - "contracts must be executed".

2. By virtue of Part 1 of Art. 80 of the Labor Code of the Russian Federation, the expression of the will of the employee to terminate the employment contract must be expressed in writing. All other forms of such an expression of will have no legal meaning. An employee's initiative aimed at unilateral termination of an employment contract is usually expressed in the form of a corresponding written statement.

In practice, it is not uncommon for the employer to delay the settlement of accounts with the employee and the issuance of work book, motivating this by the fact that the employee did not fill out the so-called bypass sheet, did not pass the assumed material values etc. This kind of practice is not provided for by the current labor legislation, and therefore is illegal. Moreover, upon the expiration of the term of the notice of dismissal, the employee has the right to stop work, and the employer is obliged to issue him a work book on the day of dismissal (the last day of work) and, upon the employee's written application, copies of documents related to the work, as well as to pay all amounts due to him. from the employer (see Art., to them).

3. Termination of an employment contract on the initiative of the employee is possible at any time and without specifying the grounds for dismissal. At the same time, without restricting the employee's right to resign freely of his own free will, the legislator connects a different kind of offensive legal implications with the presence of certain reasons for such a dismissal. So, in accordance with paragraph 1 of Art. 29 and Art. 30 of the Law of the Russian Federation of April 19, 1991 N 1032-1 "On Employment of the Population in the Russian Federation", the reasons for dismissal, the list of which is given in this Law, affects the amount of the scholarship paid to citizens during the period vocational training, retraining and advanced training in the direction of the employment service, as well as the amount of unemployment benefits. The reasons for dismissal of their own free will, listed in paragraph 1 of Art. 29, are confirmed by entries in the work book. Consequently, the reason for dismissal should be indicated not only in the employee's application, the order to terminate the employment contract, but also in the work book.

4. The decision to dismiss of his own free will must be an act of free expression of the will of the employee, otherwise it is impossible to speak of termination of the employment contract on his initiative. Due to this Supreme Court The Russian Federation draws the attention of the courts to the need to proceed from the fact that termination of an employment contract on the initiative of an employee is permissible in the case when the submission 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 (sub. "A" clause 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 ). However, the threat of the employer to terminate the contract with him on his own initiative, provided that the employer had grounds for this, provided for by law, cannot be considered as forcing an employee to dismiss of his own free will (see).

5. If, before the expiry of the warning period about the termination of the employment contract, the employee refused to dismiss at his own request, 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 the place of the quitting employee, who, by virtue of the law, cannot be denied to conclude an employment contract. The wording of Art. 80 of the Labor Code of the Russian Federation is quite unambiguous: we mean only those cases when another employee is invited to the place of an employee who leaves at his own request, and in writing, another employee, i.e. a person employed by another employer who is dismissed by way of transfer to this employer (see, to them). Accordingly, all other statutory guarantees for the conclusion of an employment contract (see to it) do not apply to the situation provided for by the commented article. For example, an employee cannot be denied the cancellation of a resignation letter of his own free will on the grounds that his position is supposed to be replaced by a pregnant woman who is promised this job.

When granting leave from subsequent dismissal in case of termination of the employment contract on the initiative of the employee, this employee has the right to withdraw his letter of resignation before the start of the vacation, if another employee is not invited in his place by way of transfer (see). If during the period of being on vacation the employee is temporarily disabled, as well as in the presence of other valid reasons, the vacation must be extended by the appropriate number of days (see the commentary to it), while the last day of the vacation is considered the day of dismissal. However, if the employee insists on terminating the employment contract from the originally specified date, his claim is subject to satisfaction.

Since the law provides for a mandatory written form for filing a letter of resignation of his own free will, it should be assumed that the employee's will to cancel this application must be expressed in the same form.

6. In accordance with Part 6 of Art. 80 of the Labor Code, if after the expiration of the notice of dismissal, the employment contract was not terminated and the employee does not insist on dismissal, then the contract continues. Thus, the fact of expiration of the term of service by the employee excludes the possibility for the employer to terminate the employment contract on the basis under consideration, if “the employee does not insist on dismissal”. The latter formulation is broad and vague. It should be assumed that it covers the case when, after the expiry of the term of the notice of dismissal, the employee went to work and was admitted to it (that is, continued to fulfill his obligations under the employment contract). At the same time, Part 6 of Art. 80 should also act when the employee expressed a desire to continue work, was not allowed to work, but the employer delayed the issuance of a work book, other work-related documents required by the employee, as well as the settlement of accounts 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 notice of dismissal; however, the expression of the will of the employee in other forms is not excluded when continuing to work. In the latter case, the dismissal must be carried out in other terms agreed by the parties.

It should be borne in mind that the employee's claim under consideration has legal significance only at the time of expiration of the term of service. If the employment contract was not terminated after the expiration of the term of employment, the employee continued to work, and subsequently demanded the termination of the employment contract with him with reference to Part 6 of Art. 80, such a requirement cannot be recognized as legitimate: the employment contract must be terminated according to the rules established by Art. 80, including with working off the deadline dismissal warnings.

7. The term of the employee's warning to the employer about the upcoming dismissal is determined by the labor legislation. In accordance with article 80 of the Labor Code of the Russian Federation, an employee, when terminating an employment contract, must notify the employer about this in writing no later than two weeks in advance. Consequently, a warning about voluntary dismissal can be made earlier than two weeks. Temporary or seasonal worker must notify the employer about this three days in advance (see Art.,). The same period is stipulated for the dismissal of an employee of his own free will during the test period (see and commentary to it). The head of the organization has the right to terminate the employment contract ahead of schedule, notifying the employer (owner) of the organization's property no later than one month in advance (see to it). The expiration of the term begins on the next day after the calendar date on which the filing of the application is determined (see there).

The absence of an employee from work for valid reasons (for example, in connection with the onset of temporary disability) is not a basis for extending the term of service upon dismissal of his own free will. At the same time, the employee's refusal to dismiss may be declared by the employee during his absence from work for the indicated reasons.

As a general rule, a reduction in the term of working in unilaterally not allowed. So, if an employee left work without completing the term established by law, then this fact is regarded as absenteeism, which gives reason to dismiss the employee on the initiative of the employer (). In the same time arbitrage practice proceeds from the fact that an arbitrary, without agreement with the employee, reduction of the term of work or dismissal without work gives the employee a reason to demand reinstatement at work with payment for the time of forced absence.

There is one exception to this rule when the shortening of the term is due to good reason, the list of which is given in Part 3 of Art. 80 of the Labor Code of the Russian Federation. Among such cases, you can indicate the receipt of an employee for military service under a contract (see).

The fact of violation by the employer of laws and other regulatory legal acts containing labor law, 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 time specified in the employee's application, can be established, in particular, by the bodies implementing state supervision and control over the observance of labor legislation, trade unions, commissions on labor disputes, by the court (part 2 sub. "b" paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2).

In these cases, the employer is obliged to terminate the employment contract at the time requested by the employee.

In all other cases, agreement of the parties must be reached on the termination of an employment contract on the initiative of the employee without completing the statutory period or with a reduction of this period (subparagraph "b" of clause 22 of the said Resolution of the Plenum of the Supreme Court of the Russian Federation). It can be expressed in the form of a written application of the employee about dismissal of his own free will, indicating in it the conditions for dismissal without working or with a reduced period of working, or a corresponding order of the employer containing the signature of the leaving employee. Strictly speaking, since the law (part 2 of article 80 of the Labor Code of the Russian Federation) does not provide for the form of an agreement between the employee and the employer regarding the term of work upon dismissal of their own free will, such an agreement can also be reached orally. However, this should take into account the difficulties of proving the existence of this agreement.

8. It should be assumed that, as a general rule, if there is another reason for terminating an employment contract - for example, a change in the owner of an organization (see to it), an employee's refusal to continue working in connection with a change in the essential conditions of an employment contract (see), refusal to transfer to another job in accordance with a medical certificate, refusal to transfer due to the employer's relocation to another locality (see to it) - priority should be given to the employee's expressed will of voluntary dismissal.

In addition, at the request of the employee, whose dismissal is recognized as illegal, the court may limit itself to making a decision to recover in his favor the average earnings during the forced absence and to change the wording of the grounds for dismissal for dismissal of his own free will (see). 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.

The employee has the right to terminate the employment contract by notifying the employer about this in writing not later than two weeks, unless another period is established by this Code or other federal law. The course of the specified period begins on the next day after the employer receives the employee's letter of resignation.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiry 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 the norms of labor law, local regulations, the terms of a collective agreement, agreement or employment contract, the employer is obliged to terminate the employment contract within the time period specified in the employee's application.

If, after the expiry of the term for the notice of dismissal, the employment contract has not been terminated 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. The commented article regulates the procedure for termination, at the initiative of the employee, of both a fixed-term employment contract before its expiration, and an agreement 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 an 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 the employer to delay the settlement of accounts with the employee and the issuance of a work book to him, arguing that the employee did not fill out the so-called bypass sheet, did not pass the material values accepted by him, etc. This kind of practice is not provided for by labor legislation and is therefore illegal. Moreover, upon the expiration of the term of the notice of dismissal, the employee has the right to stop work, and the employer is obliged to issue him a work book on the day of dismissal (the last day of work) and, upon the employee's written application, copies of documents related to the work, as well as to pay all amounts due to him. from the employer (see Articles 62, 140 of the Labor Code and the commentary to them).

3. Termination of an employment contract on the initiative of the employee is possible at any time and without specifying the reasons that served as the basis for the 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 dismissal. Accordingly, this reason is indicated in the order to terminate the employment contract, on the basis of which an entry is made in the employee's work book.

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 on the initiative of an employee is permissible in the case when the application for dismissal was a voluntary expression of his 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 duty to prove it rests with the employee (sub. "A" clause 22 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 No. 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, provided that the employer had the grounds for this, provided for by law, cannot be considered as forcing an employee to dismiss of his own free will (see Article 81 of the Labor Code and the commentary to it).

5. If, before the expiry of the warning period about the termination of the employment contract, the employee refused to dismiss at his own request, 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 the place of the quitting employee, who, by virtue of the law, cannot be denied to conclude an employment contract. The wording of the commented article is quite unambiguous: we mean only those cases when another employee is invited to the place of an employee who leaves at his own request, and in writing, another employee, i.e. a person employed by another employer, dismissed by way of transfer to this employer (see Art. 72, Clause 5, Art. 77 of the Labor Code and a commentary on them). Accordingly, all other statutory guarantees for concluding an employment contract (see Art. 64 of the Labor Code and the commentary to it) do not apply to the situation provided for by the commented article. For example, an employee cannot be denied the cancellation of a resignation letter of his own free will on the grounds that his position is supposed to be replaced by a pregnant woman who is promised this job.

When granting leave with subsequent dismissal in case of termination of the employment contract on the initiative of the employee, this employee has the right to withdraw his application for dismissal before the start of the vacation, unless another employee is invited in his place by way of transfer (see Article 127 of the Labor Code and the commentary to it ). In the event that during the period of being on vacation the employee is temporarily disabled, as well as in the presence of 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 last day of the vacation is considered the day of dismissal. However, if the employee insists on terminating the employment contract from the originally specified date, his claim is subject to satisfaction.

6. If, after the expiry of the notice of dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the contract continues. Thus, the fact of expiration of the term of service by the employee excludes the possibility for the employer to terminate the employment contract on the basis under consideration, if “the employee does not insist on dismissal”. The latter formulation is broad and vague. It should be assumed that it covers the case when, after the expiry of the term of the notice of dismissal, the employee went to work and was admitted to it (that is, continued to fulfill his 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 work and was not allowed to work, but the employer delayed the issuance of the work book, other documents related to the work required by the employee, as well as the settlement with him.

It should be borne in mind that the employee's claim under consideration has legal significance only at the time of expiration of the term of service. If the employment contract was not terminated after the expiration of the term of service, 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 recognized as legitimate: the employment contract must be terminated according to the rules established by the commented article, including with the development of the established term for the warning of dismissal.

7. The term of the employee's warning to the employer about the upcoming dismissal is determined by the labor legislation. In accordance with the commented article, an employee, when terminating an employment contract, is obliged to notify the employer about this in writing no later than two weeks in advance. Consequently, a warning about voluntary dismissal can be made earlier than two weeks.

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

As a general rule, unilateral reduction of the term of service is not allowed. So, if an employee left work without completing the term established by law, then this fact is regarded as absenteeism, which gives reason to dismiss the employee at the initiative of the employer (sub. "A", clause 6 of article 81 of the Labor Code). At the same time, the jurisprudence proceeds from the fact that an arbitrary, without agreement with the employee, reduction of the term of work by the employer or dismissal without work gives the employee a reason to demand reinstatement at work with payment for the time of forced absence.

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, it is possible to indicate the admission of an employee to military service under a contract (see article 83 of the Labor Code and a commentary to it).

The fact of violation by the employer of laws and other normative legal acts containing labor law, 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 time specified in the employee's application, can be established, in particular, by the authorities implementing state supervision and control over the observance of labor legislation, by trade unions, the Labor Code, by the court (subparagraph "b" of clause 22 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2). In these cases, the employer is obliged to terminate the employment contract at the time requested by the employee.

In all other cases, agreement of the parties must be reached regarding the termination of an employment contract on the initiative of an employee without completing the statutory period or with a reduction of this period (subparagraph "b", clause 22 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2). It can be expressed in the form of a written application of the employee about dismissal of his own free will, indicating in it the conditions for dismissal without working or with a reduced period of working, or a 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 term of service upon dismissal of their own free will, such an agreement can also be reached orally. However, one should take into account the difficulty of proving the existence of the said agreement.

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

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. For the specifics of terminating an employment contract with an athlete at the initiative of the latter, see Art. 348.12 TC and commentary to it.

Chapter 8. PARTICIPATION OF EMPLOYEES IN MANAGEMENT OF THE ORGANIZATION

Chapter 9. LIABILITY OF THE PARTIES TO SOCIAL PARTNERSHIP

PART THREE

Section III. LABOR CONTRACT
- Chapter 10. GENERAL PROVISIONS
- Chapter 11. CONCLUSION OF THE EMPLOYMENT CONTRACT
- Chapter 12. AMENDMENT OF THE EMPLOYMENT CONTRACT
- Chapter 13. TERMINATION OF THE EMPLOYMENT CONTRACT
- Chapter 14. PROTECTION OF PERSONAL DATA OF THE EMPLOYEE
Section IV. WORK TIME
- Chapter 15. GENERAL PROVISIONS
- Chapter 16. WORKING TIME MODE
Section V. REST TIME
- Chapter 17. GENERAL PROVISIONS
- Chapter 18. INTERRUPTIONS IN WORK. WEEKEND AND NON-WORKING HOLIDAYS
- Chapter 19. HOLIDAY
Section VI. PAYMENT AND LABOR RATING
- Chapter 20. GENERAL PROVISIONS
- Chapter 21. Wages
- Chapter 22. LABOR RATING
Section VII. WARRANTIES AND COMPENSATIONS
- Chapter 23. GENERAL PROVISIONS
- Chapter 24. GUARANTEES WHEN SENDING EMPLOYEES ON OFFICE TRAVELS, OTHER OFFICE TRAVELS AND MOVING TO WORK IN ANOTHER LOCATION (as amended by Federal Law of 30.06.2006 N 90-FZ)
- Chapter 25. GUARANTEES AND COMPENSATIONS FOR EMPLOYEES IN THE FULFILLMENT OF THEIR STATE OR PUBLIC OBLIGATIONS
- Chapter 27. WARRANTIES AND COMPENSATIONS TO EMPLOYEES RELATED TO TERMINATION OF THE EMPLOYMENT CONTRACT
- Chapter 28. OTHER WARRANTIES AND COMPENSATIONS
Section VIII. LABOR ORDER. DISCIPLINE OF LABOR
- Chapter 29. GENERAL PROVISIONS
- Chapter 30. LABOR DISCIPLINE
SECTION IX. EMPLOYEE QUALIFICATION, PROFESSIONAL STANDARD, TRAINING AND ADDITIONAL PROFESSIONAL EDUCATION OF EMPLOYEES (as amended by Federal Law of 02.05.2015 N 122-FZ)
- Chapter 31. GENERAL PROVISIONS
- Chapter 32. TRAINING AGREEMENT
Section X. LABOR PROTECTION
- Chapter 33. GENERAL PROVISIONS
- Chapter 34. LABOR PROTECTION REQUIREMENTS
- Chapter 35. ORGANIZATION OF LABOR PROTECTION
- Chapter 36. ENSURING THE RIGHTS OF EMPLOYEES TO LABOR PROTECTION
Section XI. MATERIAL LIABILITY OF THE PARTIES TO THE EMPLOYMENT CONTRACT
- Chapter 37. GENERAL PROVISIONS
- Chapter 38. MATERIAL LIABILITY OF THE EMPLOYER TO THE EMPLOYEE
- Chapter 39. MATERIAL LIABILITY OF THE EMPLOYEE

PART FOUR

Section XII. FEATURES OF LABOR REGULATION OF SEPARATE CATEGORIES OF EMPLOYEES
- Chapter 40. GENERAL PROVISIONS
- Chapter 41. PECULIARITIES OF LABOR REGULATION OF WOMEN, PERSONS WITH FAMILY RESPONSIBILITIES
- Chapter 42. FEATURES OF LABOR REGULATION OF EMPLOYEES UNDER THE AGE OF EIGHTEEN YEARS
- Chapter 43. FEATURES OF LABOR REGULATION OF THE HEAD OF THE ORGANIZATION AND MEMBERS OF THE COLLEGIONAL EXECUTIVE BODY OF THE ORGANIZATION
- Chapter 44. SPECIFIC FEATURES OF LABOR REGULATION OF PERSONS WORKING ON COLLABORATION
- Chapter 45. SPECIFIC FEATURES OF LABOR REGULATION OF EMPLOYEES CONCLUDING AN EMPLOYMENT CONTRACT FOR A PERIOD OF TWO MONTHS
- Chapter 46. FEATURES OF LABOR REGULATION OF EMPLOYEES EMPLOYED IN SEASONAL WORKS
- Chapter 47. SPECIFIC FEATURES OF LABOR REGULATION OF PERSONS WORKING ON THE CROWN METHOD
- Chapter 48. FEATURES OF LABOR REGULATION OF EMPLOYEES WORKING FOR EMPLOYERS - INDIVIDUALS
- Chapter 48.1. FEATURES OF LABOR REGULATION OF PERSONS WORKING FOR EMPLOYERS - SUBJECTS OF SMALL BUSINESS, WHICH ARE REGULATED TO MICRO-ENTERPRISES (introduced by the Federal Law of 03.07.2016 N 348-FZ)
- Chapter 49. FEATURES OF REGULATION OF LABOR OF OWNERS
- Chapter 49.1. FEATURES OF REGULATING THE LABOR OF REMOTE WORKERS (introduced by the Federal Law of 05.04.2013 N 60-FZ)
- Chapter 50. SPECIFIC FEATURES OF LABOR REGULATION OF PERSONS WORKING IN THE REGIONS OF THE HARD NORTH AND LOCAL EQUAL TO THEM (as amended by Federal Law of 30.06.2006 N 90-FZ)
- Chapter 50.1. FEATURES OF LABOR REGULATION OF EMPLOYEES WHO ARE FOREIGN CITIZENS OR PERSONS WITHOUT CITIZENSHIP (introduced by the Federal Law of 01.12.2014 N 409-FZ)
- Chapter 51. FEATURES OF LABOR REGULATION OF TRANSPORT WORKERS
- Chapter 51.1. FEATURES OF LABOR REGULATION OF EMPLOYEES EMPLOYED IN UNDERGROUND WORKS (introduced by the Federal Law of 30.11.2011 N 353-FZ)
- Chapter 52. FEATURES OF LABOR REGULATION OF PEDAGOGICAL WORKERS
- CHAPTER 52.1. FEATURES OF LABOR REGULATION OF SCIENTIFIC WORKERS, HEADS OF SCIENTIFIC ORGANIZATIONS, THEIR DEPUTIES (introduced by Federal Law No. 443-FZ of December 22, 2014)
- Chapter 53.1. FEATURES OF LABOR REGULATION OF EMPLOYEES SEND TEMPORARILY BY THE EMPLOYER TO OTHER INDIVIDUALS OR LEGAL ENTITIES UNDER THE AGREEMENT ON PROVIDING LABOR OF EMPLOYEES (PERSONNEL) (introduced by Federal Law No. 116-05.2014)
- Chapter 54. FEATURES OF LABOR REGULATION OF EMPLOYEES OF RELIGIOUS ORGANIZATIONS
- Chapter 54.1. SPECIFIC FEATURES OF LABOR REGULATION OF ATHLETES AND COACHES (introduced by the Federal Law of 28.02.2008 N 13-FZ)
- Chapter 55. FEATURES OF LABOR REGULATION OF OTHER CATEGORIES OF EMPLOYEES

PART FIVE

Section XIII. PROTECTION OF LABOR RIGHTS AND FREEDOMS. CONSIDERATION AND RESOLUTION OF LABOR DISPUTES. LIABILITY FOR VIOLATION OF LABOR LEGISLATION AND OTHER ACTS CONTAINING LABOR LAW (as amended by Federal Law of 30.06.2006 N 90-FZ)
- Chapter 56. GENERAL PROVISIONS
- Chapter 57. STATE CONTROL (SUPERVISION) AND DEPARTMENTAL CONTROL OVER COMPLIANCE WITH LABOR LAW AND OTHER REGULATORY LEGAL ACTS CONTAINING LABOR LAW (as amended by Federal Law of 18.07.2011 N 242-FZ)
- Chapter 58. PROTECTION OF LABOR RIGHTS AND LEGAL INTERESTS OF EMPLOYEES BY PROFESSIONAL UNIONS (as amended by Federal Law of 30.06.2006 N 90-FZ)
- Chapter 59. SELF-DEFENSE BY EMPLOYEES OF LABOR RIGHTS
- Chapter 60. CONSIDERATION AND RESOLUTION OF INDIVIDUAL LABOR DISPUTES (as amended by Federal Law of 30.06.2006 N 90-FZ)
- Chapter 61. CONSIDERATION AND RESOLUTION OF COLLECTIVE LABOR DISPUTES (as amended by Federal Law of 30.06.2006 N 90-FZ)
- Chapter 62. LIABILITY FOR VIOLATION OF LABOR LAW AND OTHER ACTS CONTAINING LABOR LAW

PART SIX

Section XIV. FINAL PROVISIONS

Article 80 of the Labor Code of the Russian Federation. Termination of an 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 about this in writing not later than two weeks, unless another period is established by this Code or other federal law. The course of the specified period begins on the next day after the employer receives the employee's letter of resignation.

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

Before the expiry of the notice of dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not made, unless another employee is invited in his place in writing, to whom, in accordance with this The Code and other federal laws cannot be denied the conclusion of an employment contract.

Upon expiration of the term of the notice of dismissal, the employee has the right to stop working. On the last day of work, the employer must give out employee work book or provide information about labor activity(of this Code) from this employer, issue other documents related to the work, at the written request of the employee and make a final settlement with him.

If, after the expiry of the term for the notice of dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Early termination of a fixed-term contract

Urgent work. an agreement is an agreement between an employee and an employer, concluded for a certain period of time (for example, six months). After the expiration of the period specified in the agreement, the contract is terminated or, if continued labor relations, is transformed into an indefinite one. A fixed-term contract can be terminated for the same reasons as a regular one, before its validity period ends. So, fixed-term contract terminates ahead of schedule:

by agreement of the parties (Article 78 of the Labor Code of the Russian Federation);
due to circumstances beyond the control of anyone (for example, conscription of an employee) (Article 83 of the Labor Code of the Russian Federation);
at the employee's own request (Article 80 of the Labor Code of the Russian Federation);

The deadline for filing an application when leaving on his own initiative for a conscript worker depends on the period for which his contract was concluded. So, if a fixed-term contract was signed to perform seasonal work or work lasting up to 2 months, then an application must be submitted at least 3 calendar days before the date of departure (Article 292 of the Labor Code of the Russian Federation). If the term of the contract is more than 2 months, then according to Art. 80 of the Labor Code of the Russian Federation, an application is submitted no later than 2 weeks in advance, that is, on the same period as when terminating ordinary labor. contract. When leaving by agreement with management or due to unexpected circumstances, an employee may not work out the 3-day or 2-week period prescribed by law. But only if he reaches an agreement with the management or presents a document confirming the need to urgently resign (a summons to the army, a document on the transfer of a spouse to another city or on a direction to study, etc.). Early dismissal of a temporary employee is formalized in the usual manner. According to the general rules, the final cash settlement is also made. Compensation for unused vacation temporary employees are also paid. Moreover, for an employee with whom the contract was signed for less than 2 months or for a season, the paid vacation is calculated according to the scheme: 2 working days for each month (Art. 291 and Art. 295 of the Labor Code of the Russian Federation).

Dismissal of a remote employee due to retirement

Part 1 of Art. 80 of the Labor Code of the Russian Federation gives employees the right to terminate labor. agreement of its own accord, notifying the management of this at least 2 weeks in advance. In this case, a different notice period may be established by the Code or the Federal Law. The countdown of 2 weeks begins the day after the manager receives the letter of resignation. Exists general rule, according to which, without working off, you can quit only with the consent of the employer. However, there are exceptions to the rule - special circumstances provided for in part 3 of article 80 of the Labor Code of the Russian Federation. So, if the dismissal of an employee occurs due to the inability to work further for objective reasons, then the employer must dismiss him at the time that the employee writes in the application. Part 3 of Article 80 of the Labor Code of the Russian Federation includes the following grounds for dismissal without working off:

a documented valid reason for termination of employment - retirement, enrollment in a university, conscription, etc. (the list is not closed);
proven violation by the employer of the provisions of the Labor Code of the Russian Federation, norms. acts or agreement with an employee.

Retirement is a special circumstance in connection with which the employee can put in the application for dismissal on his own initiative any date that suits him. At the same time, the judges, considering disputes, clarify that the right of a pensioner to dismiss at a convenient time does not depend on the immediate moment of retirement (Court ruling of 08.12.2010 N 33-38420). An employee can take advantage of the opportunity to be fired immediately after retirement, or work for some time after retirement, and then quit without working 2 weeks. That is, part 3 of article 80 of the Labor Code of the Russian Federation establishes for pensioners-workers a guaranteed opportunity at a convenient time to go on vacation. But does it matter when firing an employee retirement age the fact that he is a teleworker? First, let's define teleworking... According to article 312.1 of the Labor Code of the Russian Federation, this is the fulfillment of the duties prescribed in the employment contract outside the workplace when interacting with the management via communication means (telephone, Internet). Labor is concluded with remote employees. contracts that spell out their working conditions. The labor law fully applies to remote workers. Art. 3 of the Labor Code of the Russian Federation indicates the unacceptability of labor restrictions. rights and freedoms of employees due to circumstances not related to their business skills and qualities. Consequently, the fact that a pensioner works remotely cannot affect his right to resign at a convenient time. Employees working for labor. distance work contracts have the same rights and obligations as full-time employees. Dismissal of a remote employee upon retirement must be formalized by management within the time period specified by the pensioner in the application.

The text of article 80 of the Labor Code of the Russian Federation in the new edition.

The employee has the right to terminate the employment contract by notifying the employer about this in writing not later than two weeks, unless another period is established by this Code or other federal law. The course of the specified period begins on the next day after the employer receives the employee's letter of resignation.

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

If, after the expiry of the term for the notice of dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

N 197-FZ, Labor Code of the Russian Federation, current edition.

Commentary on Art. 80 of the Labor Code of the Russian Federation

Comments on the articles of the Labor Code will help to understand the nuances of labor law.

§ 1. Article 80 of the Labor Code grants the employee the right, on his initiative, to terminate the employment contract at any time, notifying the employer about this in writing not later than two weeks, unless the Labor Code or other federal law establishes a different period. You need to know that the specified period begins on the next day after the employer receives the employee's letter of resignation. This provision reflects the principle of freedom of labor and freedom of an employment contract.

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

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

§ 4. An employee has the right to withdraw his application at any time before the expiration of the warning period, unless an employee is invited in his place in writing from another organization, who cannot be refused employment in accordance with Art. 64 TC (see the commentary to it). The employer is obliged (except for the specified case) to cancel the employee's application (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 paragraph 22 indicated that if, after the expiry of the warning period, the employment contract was not terminated and the employee did not insist on dismissal, the action of the employment the contract is considered to be continued.

If an employee under the age of 18 has submitted a resignation letter, the Commission on Minors' Affairs must be notified of this.

§ 6. If the employee has left work before the expiry of the warning period and without an order for him early dismissal, the employer may qualify this as absenteeism without good reason and dismiss such an employee for absenteeism (see Article 81 of the Labor Code and the commentary to it).

The employer does not have the right, without the consent of the employee, to dismiss him on the application submitted by him before the expiry of the warning period. He cannot dismiss him under Art. 80 TC, if there is no written statement from the employee about it.

§ 7. After the expiry of the warning period, if the employer does not fire the employee for some reason (which is often the case in practice), the latter may leave the job. The employer is obliged to give him a work book and make a settlement with him. Otherwise, according to Art. 234 of the Labor Code, the employee is paid the wages he has not received for the time of his illegal deprivation of the 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 has committed a misdemeanor, which is the basis for dismissal (appeared at work drunk, etc.).

Upon dismissal of a temporary and seasonal employee at his own request, the warning 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 warning period falls on a non-working day, then the next working day following it shall be considered the day of the end of the warning period. On the last day of work, the employer is obliged to formalize the dismissal and make a calculation, issue the employee with a work book with a formalized entry on the basis of the dismissal.

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

§ 11. Persons sentenced to correctional labor without imprisonment during the term of their serving cannot be dismissed of their own free will without permission in writing from the Criminal Correctional Inspectorate (Art. 40 of the Criminal Code of the Russian Federation).

The next comment on article 80 of the Labor Code of the Russian Federation

If you have questions about art. 80 TC, you can get legal advice.

5. If, before the expiry of the warning period about the termination of the employment contract, the employee refused to dismiss at his own request, 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 the place of the quitting employee, who, by virtue of the law, cannot be denied to conclude an employment contract. The wording of the commented article is quite unambiguous: we mean only those cases when another employee is invited to the place of an employee who leaves at his own request, and in writing, another employee, i.e. a person employed by another employer, dismissed by way of transfer to this employer (see Art. 72, Clause 5, Art. 77 of the Labor Code and a commentary on them). Accordingly, all other statutory guarantees for concluding an employment contract (see Art. 64 of the Labor Code and the commentary to it) do not apply to the situation provided for by the commented article. For example, an employee cannot be denied the cancellation of a resignation letter of his own free will on the grounds that his position is supposed to be replaced by a pregnant woman who is promised this job.

It should be borne in mind that the employee's claim under consideration has legal significance only at the time of expiration of the term of service. If the employment contract was not terminated after the expiration of the term of service, 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 recognized as legitimate: the employment contract must be terminated according to the rules established by the commented article, including with the development of the established term for the warning of dismissal.

9. For the specifics of terminating an employment contract with an athlete at the initiative of the latter, see Art. 348.12 TC and commentary to it.