Article 80 speaks about this possibility Labor Code RF.

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

However, there are often situations when some are aimed at dismissal due to at will. This happens for the following reason. The whole point is that everyone fulfills their responsibilities in certain conditions. These include:

• working day routine;
• amount of monetary reward;
• breaks for meals and rest;
• surcharges and allowances;
• provision of special clothing and tools.

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

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

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

Each part touches on very important points of this procedure:

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

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

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

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

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

• what other articles mention;
• How does voluntary dismissal occur according to the Labor Code?

And when a person is fired, he will be able to apply for restoration of his capabilities if they are violated or limited.

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

In this case, it is the sole right that is meant. Any initiator of termination of his activities in the organization is not obliged to coordinate his intention with the employer. Such an initiative can be implemented by a person at any time, at his request. It doesn’t matter at all how long the time period was labor activity In the organisation.

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

However, as judicial practice shows, such moments are extremely unfavorable for the company.

Notice period for dismissal

By current rules the initiator of leaving must inform his employer of his intention.

There is a time period for this action. It is fourteen calendar days from the date of transmission of the relevant petition to the head.

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

During this time, it is possible to conduct a detailed analysis of the employee’s professional activities and find out whether any harm was caused. In this case, the resigning employee will be required to compensate it.

In principle, the termination of the relationship can take place before the specified period has expired. This happens by mutual agreement between the leaving employee and the head of the organization.

Application form

The current regulations define the requirements for drawing up a motion to terminate.

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

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

After drawing up the paper, it is submitted to the manager for review. The latter must make a decision, which is reflected in the visa imposed on the text. The request is then registered and forwarded for further execution to the company’s HR and financial specialists.

Is it possible to withdraw an application?

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

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

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

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

This happens as follows:

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

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

There are certain restrictions on the ability to cancel your application. will be impossible if the vacated workplace was promised to another applicant. The following factors are required:

• such an applicant must be informed in writing about the possibility of being accepted into the organization;
• existing regulations should prohibit refusal of such a person.

Preparation of documents upon dismissal

After receipt, consideration and approval of the resignation letter, the employer will be required to complete the necessary paperwork.

In his appeal, the initiator explained that he approached the company’s management at his personal request. During the entire wait, his request was not granted. He was not given a personal work document and his salary was not transferred. He contacted the state budget inspectorate, on whose initiative the money was nevertheless paid, however, no corresponding order was issued to terminate the relationship, and the initiator did not receive the employment document. Due to this, he was unable to find a job and was forced to take absenteeism.

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

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

The Labor Code states that if the employment relationship is terminated, the employee must work at the enterprise for 14 days.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

Dismissal without service is possible if the citizen can confirm that he needs it. There are also several ways to turn the law in your favor.

What means

The Labor Code does not require citizens to work 14 days. However, the law establishes that the boss must be notified 2 weeks in advance of the desire to leave.

That is, working off is a warning period; there are no additional responsibilities. The work was invented by citizens who do not understand Article 80 of the Labor Code.

Working period

According to standard rules, there is no dismissal without work. First, the citizen must submit an application in writing and provide references to the law, and then the employer spends 2 weeks calculating the person and searching for a new employee. However, there are groups of citizens who have the right not to work at all. The period cannot be shortened.

Causes

Individuals who are undergoing a probationary period or have signed employment contract from 2 months, must give notice of dismissal 3 days in advance.

The Labor Code establishes the reasons why a citizen has the right not to wait 14 days. Basically, neither a citizen nor an employer can influence them; the boss’s opinion does not count.

There are 3 standard reasons for dismissal without work:

• enrollment in educational institution for full-time study;
• a student employee transfers from evening or part-time work to full-time study;
• the employee's spouse is employed in another country and moves.

According to current legislation, a disabled person can terminate an employment contract at any time, and the disability group does not play a role. The main thing is that the citizen can provide documentary evidence.

Suitable documents are:

• disability certificate;
• certificate from the attending physician.

In addition to quick dismissal, a disabled person has the right to work a shortened day, receive additional vacation days to maintain health and other benefits and payments that are not entitled to other employees.

1. Which are on probationary period. Article 71 establishes that if an employee has not yet signed the final contract and decides to quit, it takes several days to work off.
2. Which were signed by the employer temporary contract. The Labor Code states that such workers were hired to perform a certain type or volume of work, and therefore are not listed on the permanent staff. They enter into a contract for a period of up to 2 months, so there is no long-term work. The document may indicate that the employee is released immediately after completing the work.
3. Workers participating in seasonal work, for example, for digging and sorting vegetables. The Labor Code establishes that if an employee is hired for 1 season, and the employment contract is valid for up to several months, the dismissal takes place within as soon as possible. For example, you can submit an application on Friday, 3 days will be counted as a weekend.

All employees are required to complete a resignation letter. The boss will issue an order, which the citizen will sign. The document is the basis for removal.

Pensioner

Pensioners are dismissed in the same manner as other employees, with filling out an application and issuing an order. However, upon reaching retirement age, they have the right to resign at any time; there is no need to notify the employer in advance.

The boss will not be able to detain a citizen at work or fire him unilaterally. The citizen must notify the employer and receive compensation, then he is free.

Children under 14

A woman has the right to resign in order to care for a child under 14 years of age, by agreement of the parties or of her own free will.

She needs to submit an application for termination of employment relations personally to the entrepreneur, to the accounting department or personnel service, depending on the organization. The Labor Code does not provide special benefits for women with children.

A standard application is written addressed to the boss and contains the following:

• Full name of the employer, indication organizational form enterprises;
• full company name;
• Full name, position and department where the woman is employed;
• planned date of dismissal;
• grounds for dismissal, for example, of one’s own free will (if a citizen insists, the employer has the right to fill in the work book with a reason such as “caring for a child under 14 years old”);
• sign and date.

When the application reaches the employer, he will draw up a dismissal order, which the employee will check and sign. When choosing a dismissal date, you must take into account 2 weeks of work.

The Labor Code does not establish that the presence of a healthy minor child is a reason to quit on the same day. The law states that an employee has the right not to work for 14 days if there are valid reasons.

Article 80 of the Labor Code of the Russian Federation “Dismissal at will without service” does not say what grounds are considered valid. The employer decides whether the reason is considered worthy of quick dismissal.

According to judicial and personnel practice, some bosses agree to a meeting. A woman has the opportunity to resign without working off if she was able to reach an agreement with the employer. Not only the woman, but also the father and official guardians have the right to fill out an application for dismissal.

Pregnancy

A woman who is going to become a mother has the right to go on maternity leave until the child is 3 years old. Her workplace will await the employee's return. If she is unable to return to her place of work, she will not be able to quit without giving her employer 2 weeks notice.

This right applies to fathers if the woman is unable to be in maternity leave, and the man takes it. However, you can apply for layoffs 2 weeks before the end of your vacation and leave on your first working day.

Dismissal procedure

The Work Book contains a date that coincides with the date in the resignation letter if:

• upon dismissal of an employee receiving a pension;
• if the employee is enrolled as a full-time student;
• if an employee is transferred to another region or country;
• if the employee is married and the spouse moves to work in another country;
• if the employer does not comply with the employment contract or applicable laws.

There are no valid reasons in the Labor Code that would allow other citizens not to work. They submit an application to the tax office, receive an order, sign it and wait 14 days. On the last day they come up to get a work book and payments.

How to write an application, form and sample

An employee has the right to fill out an application in free form; the exact form is not established by law. The main thing is that the document contains the following points:

• basis in accordance with Article 80 of the Labor Code;
• last working day;
• Full name of the manager, company details, date of filling out the document;
• Full name of the employee and his position;
• if there are, then additional reasons to leave work immediately, for example, a certificate from a university, an extract from a spouse’s work, a notice from the hospital.

Sometimes you need to fill out an application in 2 copies, keeping one for yourself, noting it with the secretary. This document will help prove that the citizen is right if violations occur on the part of the employer.

Most employees are required to give their employer 14 days' notice of termination. However, there are groups of citizens who receive relief and leave day after day. Seasonal workers, pensioners and students have the right to leave at any time by filling out an agreement.

The employer will not be able to prevent a person from leaving the enterprise. An employee has the right to go on vacation to avoid long-term work. It is important to follow the procedure for dismissing a citizen; each step must comply with the Labor Code.

ST 80 Labor Code of the Russian Federation.

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

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

In cases where an employee’s application for dismissal on his initiative (at his own request) is due to the impossibility of continuing his work (enrollment in educational organization, retirement and other cases), as well as in cases of established violation by the employer labor legislation and other regulatory legal acts containing labor law norms, 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.

Before the expiration of the notice period for 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 the conclusion of an employment contract cannot be refused.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Commentary to Art. 80 Labor Code of the Russian Federation

1. The commented article 80 of the Labor Code regulates the procedure for termination, at the initiative of the employee, of both a fixed-term employment contract before its expiration, and a contract concluded for an indefinite period.

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

In practice, there are often cases when an employer delays making payments to an employee and issuing him work book, citing the fact that the employee did not fill out the so-called bypass form, did not hand over the material assets he accepted, etc. This type of practice is not provided for by labor legislation and is therefore illegal. Moreover, after the expiration of the notice period for dismissal, the employee has the right to stop working, and the employer is obliged to issue him a work book on the day of dismissal (last day of work) and, upon the written request of the employee, copies of documents related to the work, as well as pay all amounts due to him from the employer (see article, to them).

3. Termination of an employment contract at the initiative of the employee is possible at any time and without specifying the reasons that served as the basis for dismissal. However, if the employee believes that the reason that determined his intention to terminate the employment contract is significant, he can indicate it in his resignation letter. 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 courts to the need to proceed from the fact that termination of an employment contract at the initiative of an employee is permissible in cases where filing a letter of resignation was his voluntary expression of will. If the plaintiff claims that the employer forced him to submit a resignation letter of his own free will, then this circumstance is subject to verification and the responsibility to prove it rests with the employee (subparagraph “a”, paragraph 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 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 employer’s threat to terminate the contract with him on his own initiative cannot be considered as forcing an employee to resign at his own request, provided that the employer had grounds for this provided for by law (see here).

5. If, before the expiration of the notice period for termination of the employment contract, the employee refuses to be dismissed at his own request, he is considered to have not submitted an application and cannot be dismissed on the grounds in question. An exception is the case when another employee is invited in writing to replace the resigning employee, who by law cannot be refused to conclude an employment contract. The wording of the commented article 80 of the Labor Code of the Russian Federation is quite unambiguous: we mean only those cases when another employee is invited to replace an employee who resigns at his own request, and in writing, i.e. a person employed by another employer who is dismissed by way of transfer to this employer (see, and commentary on them). Accordingly, all other statutory guarantees for concluding an employment contract (see) do not apply to the situation provided for in the commented article. For example, an employee cannot be denied annulment of a voluntary resignation on the grounds that his position is expected to be filled by a pregnant woman who has been promised the job.

When granting leave with subsequent dismissal in the event of termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by way of transfer (see also the commentary to it). If, while on vacation, the employee becomes temporarily incapacitated, as well as in the presence of other valid reasons, the vacation must be extended by the appropriate number of days (see the commentary thereto), and the day of dismissal is considered the last day of vacation. However, if the employee insists on terminating the employment contract from the initially determined date, his request must be satisfied.

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

6. If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the contract continues. Thus, the fact that the employee’s work period has expired excludes the possibility for the employer to terminate the employment contract on the grounds in question, if “the employee does not insist on dismissal.” The latter formulation is broad and vague. It should be assumed that this applies to the case when, after the expiration of the notice period for dismissal, the employee returned to work and was allowed to work (i.e., continued to perform duties under the employment contract). At the same time, part 6 of the commented article should also apply when the employee expressed a desire to continue working and was not allowed to work, but the employer delayed the issuance of a work book, other documents required by the employee related to the work, as well as settlement with him.

The forms in which an employee can “insist on dismissal” are not defined by law. The most obvious is termination of work upon expiration of the notice period; however, the employee’s expression of will in other forms when continuing work is not excluded. In the latter case, dismissal must be carried out within other terms agreed upon by the parties.

It should be borne in mind that the employee’s demand in question has legal significance only at the time of expiration of the working period. If the employment contract was not terminated upon expiration of the working period, the employee continued to work, and subsequently demanded termination of the employment contract with him with reference to Part 6 of the commented Article 80 of the Labor Code of the Russian Federation, such a requirement cannot be considered legal: the employment contract must be terminated according to the rules established by the commented article, including working out the established notice period for dismissal.

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

A temporary or seasonal employee must notify the employer about this three days in advance (see article and commentary thereto). The same period is provided for the dismissal of an employee at his own request during the probationary period (see also the commentary to it). The head of an organization has the right to terminate an employment contract early by notifying the employer (owner) of the organization’s property no later than one month in advance (see Article 280 of the Labor Code of the Russian Federation and the commentary thereto). begins the next day after the calendar date on which the application is submitted (see Article 14 of the Labor Code of the Russian Federation and the commentary thereto).

An employee’s absence from work for valid reasons (for example, due to temporary incapacity for work) is not grounds for extending the period 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 specified reasons.

By general rule Reducing the working period unilaterally is not allowed. So, if an employee left work without working the period established by law, then this fact is regarded as absenteeism, giving grounds to dismiss the employee at the initiative of the employer (subparagraph “a”, paragraph 6 of Article 81 of the Labor Code of the Russian Federation). At the same time, judicial practice proceeds from the fact that an arbitrary reduction of the working period by the employer, without the consent of the employee, or dismissal without working off, gives the employee grounds 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 period is due to valid reasons, the list of which is given in Part 3 of the commented Article 80 of the Labor Code of the Russian Federation. Among such cases, one can indicate the employee’s entry into military service under a contract (see here).

The fact of violation by the employer of laws and other normative legal acts containing labor law norms, the terms of a collective agreement, agreement or employment contract, as a circumstance obliging the employer to terminate the employment contract within the period specified in the employee’s application, can be established, in particular, by the bodies implementing state supervision and control over compliance with labor legislation, trade unions, CTS, by the court (subparagraph “b”, paragraph 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2). In these cases, the employer is obliged to terminate the employment contract within the period requested by the employee.

In all other cases, the agreement of the parties must be reached regarding the termination of an employment contract at the initiative of the employee without working out the period established by law or with a reduction in this period (subparagraph “b”, paragraph 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2). It can be expressed in the form of a written statement from the employee about resignation of his own free will, indicating in it the conditions for dismissal without service or with a shortened period of service, or a corresponding order from the employer containing the signature of the resigning employee. Since the Labor Code of the Russian Federation does not provide for a form of agreement between the employee and the employer regarding the period of service upon dismissal at their own request, such an agreement can also be reached orally. However, the difficulty of proving the existence of this agreement should be taken into account.

8. As a general rule, if there is another reason for terminating an employment contract (for example, a change in the owner of the organization (see), transfer to work for another employer or to an elective position (see and commentary on it), the employee’s refusal to continue working due to with a change in the essential terms of the employment contract (see there), refusal to transfer to another job in accordance with a medical report, refusal to transfer in connection with the employer’s relocation to another location (see there)), priority should be given to the will expressed by the employee voluntary dismissal.

An employee's submission of a written resignation letter of his own free will cannot be considered a circumstance excluding the possibility of termination of 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 on the latter’s initiative, see the commentary thereto.

Labor Code, N 197-FZ | Art. 80 Labor Code of the Russian Federation

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) (current version)

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

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

In cases where the employee’s application for dismissal on his initiative (at his own request) 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 labor law norms, 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.

Before the expiration of the notice period for 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 denied an employment contract.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book or provide information about work activity (Article 66.1 of this Code) of this employer, issue other work-related documents upon the employee’s written request and make final payments to him.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

• BB code
• Text

Document URL [copy]

Commentary to Art. 80 Labor Code of the Russian Federation

1. Article 80 establishes the general (unified) procedure and conditions for termination at the initiative of the employee of 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 valid reasons. An employee has the right to terminate any employment contract at his own request at any time. He is only obliged to notify the employer about this in writing no later than two weeks in advance. The head of the organization is obliged to warn the employer (the owner of the organization’s property or his representative) in writing about early termination employment contract no later than one month in advance (see commentary to Article 280). An employee who has entered into 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 commentary to Articles 292, 296).

2. A written form of resignation is required. An employee's oral statement about termination of an employment contract cannot be the basis for the employer to issue a corresponding dismissal order. The obligation of the employee provided for by the Labor Code to notify the employer of termination of the employment contract at his own request no later than two weeks (the head of the organization - one month in advance) means that he can do this for a longer period. Two weeks (a month) is the minimum period within which the employee is obliged to notify the employer of his desire to stop labor attitude. The notice period begins the day after the employer receives the employee’s resignation letter. So, if an 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 commentary to Article 84.1).

3. In accordance with Part 2 of the commented article, by agreement between the employee and the employer, the employment contract can be terminated 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 in paragraph 1 of Art. 77 TK. Termination of an employment contract by agreement of the parties is possible only when the employer’s consent to dismissal has legal significance and without such consent the employment contract cannot be terminated (see commentary to Article 78). In the case where the employee himself has expressed a desire to terminate the employment relationship and asks to be dismissed before the expiration of the established notice period, the employer’s consent to the termination of the employment contract itself has no legal significance. It only matters for determining the specific date of dismissal, because the employee asks to be dismissed before the expiration of the period established for notice of voluntary dismissal. 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 clause 3 of Art. 77 TC per day determined by the parties.

The agreement of the parties on early (before the expiration of a 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 requested dismissal from a specific date. An oral 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 recognized as unfounded the decision of the Railway Court, which refused gr. L. for reinstatement, 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 period. Therefore, based on this statement, it cannot be concluded that there was a bilateral agreement to terminate the employment contract before the expiration of the notice period for dismissal (Review of cassation practice in civil cases of the Supreme Court of the Republic of Buryatia for 12 months of 2006 dated 10/19/2007).

If the employer does not agree to terminate the employment contract before the expiration of the notice period, the employee is obliged to work fixed time. 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 leaves work without permission may be fired for absenteeism. In turn, the employer does not have the right to dismiss an employee before two weeks have passed after he submits 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 warning period, the employee retains his workplace (position).

4. If an employee’s application for voluntary resignation is due to the impossibility of continuing his work (enrollment in educational institution, retirement, sending a husband (wife) to work abroad, to a new place of duty and other cases), the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

The same obligation also arises for the employer in cases of established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract. It is necessary to keep in mind that these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, labor dispute commissions, and the court (clause 22 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2).

Judicial practice under Article 80 of the Labor Code of the Russian Federation:

• Decision of the Supreme Court: Determination N 20-КГ17-7, Judicial Collegium for Civil Cases, cassation

  Part 4 of Article 80 of the Labor Code of the Russian Federation provides that before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time...

• Decision of the Supreme Court: Determination N 78-КГ14-12, Judicial Collegium for Civil Cases, cassation

  Meanwhile, the Judicial Collegium finds the plaintiff’s arguments presented to be erroneous, based on the incorrect application of substantive law, and the court’s conclusions are consistent with the circumstances of the case and the provisions of paragraph 3 of part one of Article 77, Article 80 of the Labor Code of the Russian Federation. According to paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation, the basis for termination of an employment contract is termination of the employment contract at the initiative of the employee...

• Decision of the Supreme Court: Determination N 5-КГ13-155, Judicial Collegium for Civil Cases, cassation

  Termination of an employment contract at one’s own request (Article 80 of the Labor Code of the Russian Federation) is the implementation of the employee’s guaranteed right to free choice of work and does not depend on the will of the employer...

Article 80. Termination of an employment contract at the initiative of the employee (at his own request)

An employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter.

In cases where the employee’s application for dismissal on his initiative (at his own request) 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 labor law norms, 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.

Before the expiration of the notice period for 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 denied an employment contract.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book or provide information about work activity (Article 66.1 of this Code) with this employer, issue other documents related to the work, upon the written application of the employee, and make a final settlement with him.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Commentary to Art. 80 Labor Code of the Russian Federation

Judicial practice under Article 80 of the Labor Code of the Russian Federation

Decision of the Supreme Court of the Russian Federation dated August 20, 2002 N GKPI2002-771

The Labor Code of the Russian Federation does not regulate relations on compulsory social insurance, therefore the applicant’s arguments about the inconsistency of the provisions of the contested normative acts of Art. 6 of the International Covenant on Economic, Social and Cultural Rights art. Art. , , , Labor Code of the Russian Federation and the violation of the applicant’s rights to freely dispose of his ability to work are not based on the law.

1. In his complaint to the Constitutional Court of the Russian Federation, citizen Yu.V. Rogov requests that part three of the article of the Labor Code of the Russian Federation be recognized as contradictory to Article 37 (parts 1, 2 and 3) of the Constitution of the Russian Federation, according to which, in cases of established violation by the employer of laws and other regulatory legal acts containing labor law norms, the terms of a collective agreement, agreement or of an employment contract, the employer is obliged to terminate the employment contract within the period specified in the employee’s application.

By the decision of the Lakhdenpokhsky District Court of the Republic of Karelia dated December 14, 2004, the claims were partially satisfied. The wording of the grounds for G.'s dismissal was changed, entry No. 25 in G.'s work book was declared invalid. The children's music school in Lakhdenpokhya is obliged to make an entry in its work book about the invalidity of entry No. 25 and the entry “dismissed on September 1, 2004 at its own request on the basis of Article of the Labor Code of the Russian Federation.” From the nursery music school The city of Lakhdenpokhya recovered 18,290 rubles in favor of G. 88 kop. for the delay in issuing the work book, compensation for moral damage in the amount of 3,000 rubles, in compensation for costs associated with the consideration of the case, 525 rubles. The rest of G.'s claim was rejected.

As the applicant points out, clause 7.2 of the contested normative legal act regarding the words: “for good reasons” contradicts part three of article of the Labor Code of the Russian Federation.

On August 18, 2005, she appealed to the administration kindergarten with a letter of resignation in connection with moving to permanent residence in Moscow from the moment of filing the application. The administration refused to terminate her employment contract before the expiration of the two-week period.

Ya. appealed to the Supreme Court of the Russian Federation with an application to invalidate clause 7.2 of the Explanation regarding the words “for good reasons”. At the same time, the applicant indicated that this paragraph of the Explanation regarding the words: “for good reasons” contradicts part three of article of the Labor Code of the Russian Federation.

According to an article of the Labor Code, an employee has the right to terminate an employment contract by notifying the employer in writing two weeks in advance.

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

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

Kh. filed a lawsuit against the district administration for reinstatement at work, recovery wages for forced absence and compensation for moral damage. She motivated her demands by the fact that she was fired in violation of the procedure established by Art. Labor Code of the Russian Federation.

Representative T., by proxy I., did not agree with B.’s demands, explaining that the applicant did not indicate what the violation of his rights was. G., to whom T. was directly subordinate, has currently gone on leave in connection with participation in the upcoming elections and the basis provided for in subparagraph “l” of Part 1 of Art. 29 of the Federal Law “On Basic Guarantees...”, which prevented T. from holding the position of chairman and member of the territorial election commission, has disappeared. In addition, on August 30, 2005, he submitted a letter of resignation from the position of head of the Zelenograd Cleanliness Municipal Unitary Enterprise effective August 31, 2005 in accordance with Part 3 of Art. Labor Code of the Russian Federation in connection with previous violations of labor legislation in relation to him by the manager municipality G., but his dismissal was unreasonably denied.

K.A. filed a lawsuit against fire department No. 31 of the State Fire Service for the protection of the urban settlement. Alexander Nevsky Government institution Ryazan region "Center for providing fire safety, civil defense and emergency situations" for reinstatement at work, recovery of average earnings for the period of forced absence and compensation for moral damage, citing the fact that he was wrongfully dismissed on the grounds established by the article of the Labor Code of the Russian Federation, namely: at his own request.

Meanwhile, this conclusion of the court does not correspond to the articles of the Labor Code of the Russian Federation, since on February 9, 2007, at the time of withdrawal of the application for dismissal, M. continued to work in the same place, the defendant had not yet become obligated to conclude an employment contract with her, in hiring she could have been denied a job as a transfer.