Article 80 of the Russian Federation. Dismissal of one's own free will - registration rules and controversial situations. Do you need to work

Termination of the employment contract at the initiative of the employee own will)

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

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

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

The agreement of the parties on early (before the expiration of the two-week period) termination of the employment contract must be expressed in writing, for example, in the form of an employer's resolution on the application of the employee who applied for dismissal from a specific date. A verbal agreement between the parties cannot be evidence of such an agreement. This is also evidenced by arbitrage practice. Thus, the Supreme Court of the Republic of Buryatia rightfully declared unfounded the decision of the Railway Court, which refused c. L. in 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 of dismissal. Therefore, on the basis of this statement, it cannot be concluded that there was a bilateral agreement on termination of the employment contract before the expiration of the notice of dismissal (Review of the cassation practice in civil cases of the Supreme Court of the Republic of Buryatia for 12 months 2006 of 10/19/2007).

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

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

The same obligation arises for the employer also in cases of established violation by the employer labor law and other regulatory legal acts containing labor law norms, local regulations, conditions collective agreement, agreement or employment contract. At the same time, it must be borne in mind that these violations can be established, in particular, by bodies exercising state supervision and control over compliance with labor legislation, trade unions, commissions for labor disputes, court (clause 22 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2).

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

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

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

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

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

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

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

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

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

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

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

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

From this article you will learn

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

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

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

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

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

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

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

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

Question from practice

Answered by Ivan Shklovets
Deputy Head Federal Service on labor and employment.

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

From answer

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Each part is very important points this procedure:

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

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

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

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

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

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

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

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

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

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

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

Notice period for dismissal

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

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

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

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

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

Application form

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

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

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

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

Can an application be withdrawn?

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

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

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

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

It happens like this:

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

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

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

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

Preparation of documents upon dismissal

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

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

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

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

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Which article of the Labor Code of the Russian Federation provides for dismissal of one's own free will? Were there any amendments and additions made in 2018? Most of the workers are not familiar with the peculiarities of such a dismissal, for example, is it possible not to work the notorious 2 weeks before leaving? Proper paperwork will help save your nerves and your own time.

The correct procedure for filing a dismissal

Article 77 of the Labor Code of the Russian Federation.

What article can be supported by actions upon dismissal of one's own free will? The law of the Russian Federation primarily points to Articles 80 and 77, paragraph 3, part 1 of the Labor Code of the Russian Federation. They contain the grounds for ending the employment relationship and additional nuances of the dismissal procedure.

Article 80 of the Labor Code of the Russian Federation.

Additionally, several more articles of the Labor Code allow you to correctly perform the procedure.

Quitting in this way means avoiding the lengthy collection and preparation of certificates. In addition, such a wording in the documentation means a hassle-free new employment. We recommend that you familiarize yourself with the average salaries in Moscow and other cities.

The procedure for dismissal at will is described in the Garant System.

The algorithm of actions will be as follows:

• accepting an application from an employee;
• waiting for the deadline written in the application;
• drafting a dismissal order;
• preparation and issuance of certificates and documents;
• payments;
• workbook registration.

Failure to comply with at least one item means a violation of the rights of the employee.

The desire of the worker is supported by a statement.

Any employee can apply for termination of employment two weeks before the desired date of leaving the organization.

The 14-day period must begin on the next calendar day after the day on which the application is written. It is written in free form, but a unified version is usually used. We have already talked about when an employee should not work for two weeks.

Sample application.

The application is addressed to the employer, it must contain the date and reason for dismissal. The date is calculated from the current date plus 14 days. The application can be made in written or printed form.

You can give it to the secretary or personally into the hands of the boss. In some cases, for example, if the employer refuses to lose good employee, the option of filling out an application and using mail services is possible - you must send it in a valuable letter.

Order

Also, the term can be extended, if necessary, if the resigning person agrees.

However, there are cases when the resigning person does not need to work for 14 days. Dismissal of one's own free will without working off is possible under the following circumstances:

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

The basis for such a decision may also be the unlawful acts of the boss or violations of the employee himself.

In the application, it is then necessary to indicate the reason, when, as usual, such information is not required.

If the employee was hired temporarily, for example, to replace an employee on maternity leave, the employment contract can be terminated by dismissal on one's own initiative, no revision is required.

If an employee who is on probation, leaves, he is set a mandatory working period of 3 days. If the head of the organization or the head of production decided to leave, he will be asked to work for 28 days.

It is not necessary to be at the workplace for the agreed time - the employee has the right to take a vacation, if it is required, or go on sick leave. At the same time, the vacation time ends on the day of dismissal, since the employer cannot change the date in the application, the rest of the legal vacation is compensated financially.

In addition, for the period of this period, the employee can withdraw the application if a new employee has not yet been found in his place, who was invited in writing, for example, by transfer. It will be necessary to draw up a written application for revocation of the previous document, it is drawn up in free form.

If the dismissed person decided to use the vacation after he wrote a letter of resignation, he will be able to withdraw it only on the day the vacation starts.

Nuance! If an employee asks in a statement to dismiss him from a certain date, then he leaves according to the documents on the day before the specified date. And when an employee writes that he needs to be fired on a specific date, that date will be his last day in the organization.

What to do if the rights of an employee are violated?

In almost half of the cases, even upon dismissal of one's own free will, the rights of the worker are violated.

There are enough situations, for example, such nuances are possible:

• the employer does not accept the letter of resignation;
• withdrawal of the application without reason is not accepted;
• the necessary calculation has not been made;
• The organization terminated prematurely.

Sometimes the boss requires the employee to write a statement of his own free will. This is a violation of workers' rights.

It is necessary to apply to the court or the prosecutor's office, they will help to formulate and write a statement or a lawsuit against the organization. The employee does not have to pay the state duty in the event of filing a lawsuit, all payments fall on the shoulders of a negligent manager.

If the boss is found guilty, the employee will be reinstated and (or) paid compensation established by the court.

Labor Code of the Russian Federation:

Article 80 of the Labor Code of the Russian Federation. Termination of the employment contract at the initiative of the employee (at his own request)

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

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

In cases where the employee's application for dismissal on his initiative (of his own free will) is due to the impossibility of continuing his work (enrollment in 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 statement.

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

Upon the expiry of the termination notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to issue a work book to the employee or provide information on labor activity (of this Code) to this employer, issue other documents related to the work, at the written request of the employee and make the final settlement with him.

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

Return to document table of contents: Labor Code of the Russian Federation in the current edition

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

Article 80 of the Labor Code of the Russian Federation establishes a general (uniform) procedure and conditions for terminating, on the initiative of an employee, both a fixed-term employment contract and an employment contract concluded for an indefinite period. The right of the employee to terminate the employment contract before its expiration on his own initiative is not connected with the presence of valid reasons. The employee has the right to terminate at his own request any employment contract at any time. He is only obliged to notify the employer in writing no later than For two weeks.

Other deadlines for notifying the employer of dismissal

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

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

Written notice of resignation is required. An oral statement by an employee about the termination of an employment contract cannot be the basis for the employer to issue an appropriate dismissal order.

By agreement between the employee and the employer, the employment contract may be terminated even before the expiration of the established notice period. At the same time, it should be borne in mind that in this case the basis for dismissal will be the employee’s own desire, and not the agreement of the parties, provided for in paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

Clarifications of the Supreme Court of the Russian Federation

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

Termination of the employment contract at the initiative of the employee

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

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

Positions of the Constitutional Court of the Russian Federation

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

Having provided in part one of Article 80 of the Labor Code of the Russian Federation the opportunity for an employee to freely quit at any time on his own initiative and at the same time establishing the only requirement - to notify the employer about this no later than two weeks in advance, the federal legislator created a legal mechanism that ensures the realization of the right of citizens to free management of one's ability to work. In addition, in order to maximize the interests of employees, part four of the same article gives the employee the right to withdraw his application before the expiration of the notice of dismissal (unless another employee is invited in writing to take his place, who cannot be refused to conclude an employment contract).

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

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

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

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

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

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

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

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