Art 80 of the Labor Code of the Russian Federation at their own request. Dismissal at will. Suitable documents are

01.06.2020

1. Article 80 of the Labor Code of the Russian Federation establishes a general (uniform) procedure and conditions for termination at the initiative of an employee as an urgent employment contract and an employment contract concluded for an indefinite period. That is, the possibility of terminating an employment contract before its expiration at the initiative of the employee is not related to the presence of good reasons for him. The employee has the right to terminate own will any employment contract and at any time. He is only obliged to notify the employer in writing no later than 2 weeks in advance. The head of the organization is obliged to warn the employer (the owner of the organization's property or his representative) in writing about the early termination of the employment contract no later than one month in advance (see comments to Article 280). An employee who has concluded an employment contract for a period of up to 2 months, as well as an employee engaged in seasonal work, are obliged to notify the employer in writing 3 calendar days in advance of the early termination of the employment contract (see comments to Articles 292, 296).

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

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

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

If the employer has not agreed to terminate the employment contract before the expiration of the warning period, the employee is obliged to work for the established period. Early termination of work in this case is a violation 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 is not entitled to dismiss the employee before the expiration of 2 weeks after he submitted an application for termination of the employment contract, if the application does not indicate the date of dismissal, or before the expiration of the period specified in the application. During the entire period of 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 educational institution, retirement or other valid reasons due to which the employee cannot continue further work, for example, sending a husband (wife) to work abroad, to a new place of service), the employer is obliged to terminate the employment contract within the period specified in the employee's application. The same obligation arises for the employer in cases of violation by the employer labor law and other regulatory legal acts containing norms labor law, 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 (paragraph 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, on vacation, on a business trip. In this regard, the question arises, is the employee entitled to apply for dismissal of his own free will at this time and does it count as a notice of 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.

Decree of the Plenum of the Supreme Court of the Russian Federation of 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 rests with the employee (subparagraph "a", paragraph 22). At the same time, any pressure from the employer, incl. and the threat to fire him on his own initiative in cases where the employer had any reason to do so. Otherwise, it is impossible to talk about the termination of the employment contract at the initiative of the employee. This conclusion was rightly made by the Laginsky District Court of Elista, satisfying the claim for the reinstatement of c. U., who filed a letter of resignation of her own free will under pressure from her manager, who threatened her to “spoil her work record”, dismissing her “under the article” for losing a report and failing to submit it (see Review of the judicial practice of the Supreme Court of the Republic of Kalmykia on consideration of civil cases in cassation and supervisory procedure in 2006 // Bulletin of the Supreme Court of the Republic of Kazakhstan, 2007, N 1).

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

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 finish the work started, not handed over material values, the hostel is not released, etc.) cannot 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 has not been terminated and the employee does not insist on dismissal, the validity of the employment contract is considered continued. At the same time, no additional agreements are required in this regard.

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

Article 80

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 on the 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 if another employee is not invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be refused to conclude an employment contract.

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

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

Article 80 speaks of such a possibility. Labor Code RF.

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 current rules and regulations 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 it shows arbitrage practice, 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. He is fourteen calendar days from the moment of transfer to the head of the corresponding 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.

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

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

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

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

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

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

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

§ 2. An employment contract may be terminated by an agreement between an employee who has submitted a voluntary resignation letter and an employer even before the expiration of the notice period for dismissal.

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

§ 4. The employee has the right to withdraw his/her application at any time before the expiration of the notice period, except for the case when an employee from another organization has been invited in writing to take his/her place, who cannot be refused employment in accordance with Art. 64 of the Labor Code (see commentary to it). The employer is obliged (except for the specified case) to cancel the application of the employee (to return it to him).

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

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

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

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

§ 7. After the notice period has expired, if the employer does not dismiss the employee for any reason (which is often found in practice), the latter may leave the job. The employer is obliged to issue him a work book and make settlements with him. Otherwise, according to Art. 234 of the Labor Code, the employee is paid the earnings that he did not receive for the time of illegal deprivation of his opportunity to work, since he cannot enter another job without a work book.

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

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

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

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

§ 11. Those sentenced to corrective labor without deprivation of liberty during the period of their serving cannot be dismissed of their own free will without permission in writing from the criminal correctional inspection (Article 40 of the Penal Code of the Russian Federation).

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

If you have questions under Art. 80 of the Labor Code, you can get legal advice.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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