There are several ways to dismiss an employee from an organization. We previously wrote about how to fire:
- at your own request;
- by agreement of the parties;
- at the initiative of the employer (for example, for absenteeism);
- upon expiration of the employment contract.
Budgetary organizations often have very high documentation requirements, so it is important to know how to correctly draw up all the necessary documents. Mistakes are fraught with serious consequences, including reinstatement of an illegally dismissed employee with payment of his salary for the entire period of forced downtime. In this article we will look at the features of drawing up an order, and you can download a sample and form of an order for dismissal for free. It is also useful to know how to properly fill out an employee application.
Form requirements
The legislation does not impose special conditions on the type of this document.
The employer can develop his own version as he likes, but we still recommend using the unified T-8 form because of its simplicity and versatility. How to write a voluntary resignation order correctly and what to pay attention to? First of all, you need to look carefully at:
- dates: issue of the order;
- the employee's last day of work;
- familiarization of the employee with the order.
If the organization has a trade union, termination of the employment contract must be agreed upon with it. If there is no trade union, nothing needs to be agreed upon.
What date should I indicate in the order?
As a general rule, the notice period for leaving is set at two weeks. Consequently, the employee must notify the manager two weeks in advance of his departure from the organization by providing him with an application. It indicates the last working day. This is the date that should appear in the order.
This is also important to know:
How to formalize the dismissal of an employee by way of transfer to another position or to another organization
Therefore, it is important to correctly indicate the date of the last working day in the application:
- If an employee writes in his resignation letter the following wording: “I ask you to fire me as of March 16, 2020,” then on March 16, 2016, he will no longer be considered to be working in the organization. The day of dismissal will be the previous date - 03/15/2016, which must be indicated in the manager's order.
- If he writes: “Please fire me on July 20, 2016,” then this date will be considered the last working day. This date should be indicated in the order.
Sample order for voluntary dismissal 2019
Registration of dismissal
Option 1. The order is issued on the day of termination of the employment contract
This is done in most cases in small organizations. An order for voluntary dismissal (a sample can be downloaded at the end of the article) is drawn up, signed by management and brought to the attention of the resigning person, who records the fact of his familiarization with a signature. If he refuses to sign, an act of refusal to familiarize himself is drawn up in the presence of two witnesses. How to issue an order for dismissal at your own request, sample 2020, can be seen from the sample.
After reading the regulatory act on termination of the employment agreement, the former employee is given a work book, for which he must also sign in the accounting book.
And finally, the former employee must sign the T-2 personal card.
Option 2. The dismissal order is issued in advance
In this case, we are talking about the date of issuance of the dismissal order before the date of dismissal of the employee. A sample order for voluntary dismissal in 2020, prepared in advance, looks like this
Opponents of issuing regulations on termination of employment relations in advance argue that if the employee changes his mind and withdraws his application, the already issued local regulation will have to be cancelled. This is an undeniable argument, and this will really have to be done if the employee changes his mind.
However, in favor of the preliminary preparation and execution of a document on termination of relations, it must be said that the accounting department makes all calculations on the basis of any primary documents (and not by telephone call), in this case, on the basis of an order.
All money that the organization must pay to the dismissed person must be paid on his last working day. But if the number of staff in a company approaches or exceeds a thousand, then when an order is issued on the day of dismissal, the accounting department simply physically may not have time to make the necessary calculations (it will only reach the accounting department on paper from personnel the next day). A delay in paying a resigning employee is a serious violation of the law. Therefore, if your staff is large or there are difficulties in interaction between departments, then use a sample order for dismissal at your own request in 2020, prepared in advance.
Option 3. The order is issued after dismissal
This option is only possible in connection with the death of an employee.
In this case, the date of publication of the normative act will be the date of receipt of the employee’s death certificate, and the date of dismissal will be the date of his death. Raising the question of how to prepare an order to dismiss an employee at his own request is inappropriate in this case.
Procedural difficulties in completing an order
When an order is drawn up, it is signed after the expiration of a two-week work period or another period agreed upon between the employer and employee. Voluntary dismissal is not necessarily due to the employee's exceptional choice. Formally, dismissal under Art. 80 may be due to pressure from the head of the enterprise or other authorized persons.
An unscrupulous employer who wants to reduce staff without advance warning to specialists and paying them severance pay in the amount of three months’ salary can force workers to resign. In such a situation, the employee has the right to refuse to resign of his own free will.
Expert commentary
Kamensky Yuri
Lawyer
If the order is signed against the will of the employee, then it is possible to be reinstated at work through the courts. The employee has 1 month to do this from the moment the employee learned about the violation of his rights. Forcing an employee to resign voluntarily is prohibited. This can be done based on your own will. It is also prohibited to delay the payment of other due compensation to the settlement.
If an employee is absent from work for a long time due to illness, then it is prohibited to formalize dismissal solely “retroactively”. An employee has the right to count on payments provided for under a “sick leave certificate” - in the amount of 50-100% of the salary, depending on the specialist’s length of service at the enterprise. Otherwise, issuing an order does not cause any difficulties.
The procedure for issuing an order is standard and does not require significant costs from the employer. A problem may arise if the official authorized to issue the order, for some reason, cannot be present at the workplace and complete the documentation. Then another specialist can do this, or the employment contract with the company will have to be terminated by force in court.
Date indicated in the order
To find out what date the order should be, you need to take into account that, as a general rule, you need to notify about leaving two weeks before the actual cessation of work. During this period, the employee must provide the required application. Non-working days and holidays are also included in the two-week period.
If, for example, the application was submitted on June 2, then the order must be signed on June 16. By agreement with the employee, the document may be issued within a different time frame. The legal nature of the order does not provide for the employer’s requirement for the employee to leave the workplace. The document indicates that the head of the enterprise acted as provided for in labor legislation: terminates the employment relationship and gives the employee the opportunity to leave and find another, more suitable place.
How to issue an order - the document is prepared by a specialist from the HR department. He also agrees on the signature date and essential terms of the document with the head of the enterprise.
Grounds for dismissal
Option 1. Own desire or agreement of the parties
In this case, the person writes a statement of termination of the relationship with his own hand.
If an employee leaves of his own free will, the order for voluntary dismissal will look like this:
If the dismissal occurs by agreement of the parties, the entry is as follows:
Option 2. Employer initiative
In cases where the dismissal is initiated by the administration, the basis for dismissal is most often a one-time gross violation of labor discipline committed by the employee.
At the same time, the employer may terminate the employment relationship with the employee due to:
- staff reduction;
- inconsistency with the position held based on the results of certification;
- loss of trust, etc. (a full list of grounds is given in Article 81 of the Labor Code of the Russian Federation).
For example, in case of absenteeism, an order for dismissal at will (sample 2020, form) will be as follows
Option 3. Due to the death of an employee
This case refers to the termination of an employment relationship for reasons beyond the control of the parties. As mentioned above, the date of issue of the order will be the date the employer receives the employee’s death certificate, and the date of termination of the employment contract will be the date of the employee’s death.
In addition to death, these causes include:
- conscription into the army;
- condemnation;
- disqualification, etc.
In the event of the death of an employee, the entry will be as follows:
Option 4. Vacation followed by dismissal
This option also happens, and often (Article 127 of the Labor Code of the Russian Federation).
If an employee wishes to rest before leaving work, the employer can provide him with such an opportunity.
In this case, two regulatory documents are issued:
- on granting leave;
- on termination of the employment contract.
The order to terminate the contract in this case will not differ from a similar order at one’s own request.
IMPORTANT!
Please note that the day of dismissal in this case is the last day of vacation, and in this regard disputes arise: when to give the work book to the employee: on the last day of vacation or on the last day before vacation? The answer to this question is simple - we submit the documents on the last day before the vacation.
Another question: is a seal required on the dismissal order? No, it’s not necessary, they don’t put stamps on such documents only if they certify the order of dismissal at one’s own request, a sample of which we provided above.
Document header
The first thing that needs to be entered into the T-8 order form is the full name of the company in which the employee worked, with a mandatory indication of the organizational and legal status (IP, CJSC, LLC, OJSC).
After this, the number of the dismissal order (according to internal document flow) and the date of its preparation are indicated here. It is always issued on the employee’s last working day. On the same day, the employee must be given all his documents (work book, diploma, etc.), as well as pay the estimated wages, including severance pay, vacation compensation, and other payments due by law.
This is also important to know:
Deduction for unworked vacation days upon dismissal: detailed instructions
In the line just below, about termination of the employment contract, you need to indicate the date of conclusion of the fixed-term employment contract.
Fact
This line should be filled out only when the contract was fixed-term, otherwise it should be left blank, and instead, an entry should be made in the “Dismiss” field (day, month and year of dismissal).
Thus, here you need to choose one of two options.
Free legal consultation We will answer your question in 5 minutes!
Ask a Question
Free legal consultation
We will answer your question in 5 minutes!
Ask a Question
The transfer of cases
When parting with an employee, you need to think about the people who remain and who will share the workload of the person being dismissed. If an employee leaves after completing all his business, the employer only has to issue a regulatory document, issue an employment certificate and pay off his former employee.
It’s another matter when a person writes a statement and leaves without finishing what he started. By law, the employer has two weeks to organize the process of transferring the affairs of the dismissed employee. For this purpose, the employer needs to issue an order on the transfer of cases upon dismissal:
- deadlines for transferring cases;
- responsible persons who will take over unfinished business from the dismissed person.
The form of the order is free, the goal is to prevent organizational disorder, so that the remaining employees know and understand what tasks and functions they will have to complete for their former colleague.
Additional questions
Is a bypass sheet required?
From the point of view of the Labor Code of the Russian Federation, signing a bypass sheet recording the absence of financial and other claims against the person resigning is not necessary. But in many organizations, especially large ones, it is customary for an employee to pay a visit to the heads of departments and collect their signatures on a document before leaving.
This is also important to know:
Can a pregnant woman be fired from work: reasons for dismissal according to the Labor Code of the Russian Federation
The employee’s immediate supervisor is the last person to sign on the walk-through sheet. The presence of his visa means that the dismissed person handed over the inventory items registered with him, paid off his obligations to the company and duly transferred all information and files. After this, you can submit to him for review the order of dismissal at your own request.
Which organizations use the T-8 form
Today, use of the form is voluntary. Only municipal and state organizations that are required to do so by relevant regulations are required to use it. For commercial companies, the use of the T8 form is due only to its convenience and functionality.
Is it possible to cancel a manager’s dismissal order?
Cancellation of a previously issued order is possible at will:
- employer - if the manager changes his mind about dismissing the offending employee, choosing a different punishment option, or there is no longer a need for layoffs;
- employee - if an order to leave the company at his own request has already been issued, a sample bypass sheet has been given to the employee, but he has changed his mind about leaving his home.
In both cases, the personnel officer will have to issue an order. The reason for canceling the document will be the fact that the employee withdrew his application.
To issue an order canceling the dismissal order, you will have to either download a suitable form or draw up this document yourself in a free format. In any case, the document must:
Free legal consultation
We will answer your question in 5 minutes!
Free legal consultation We will answer your question in 5 minutes!
Call: 8 800 511-39-66
Ask a Question
- indicate the name of the organization and the date of issue of the order;
- refer to the previous order to break the TD;
- specify the reasons for canceling the written order, for example, the employee’s desire to continue his employment relationship with the company.
How to properly certify copies of documents for an employee
In the original, only a work book and some types of certificates are issued to the employee.
For example, a certificate of average earnings is issued on the organization’s letterhead, signed by the manager and with the organization’s seal. Other documents are issued in copies, which must be properly certified. According to GOST R 7.0.8‑2013[1], a copy is a copy of a document that fully reproduces the information of the original. A certified copy of a document on which, in accordance with the established procedure, the details that ensure its legal significance are affixed.
This is also important to know:
Wages were not paid upon dismissal: where to file a complaint
The procedure for issuing and certification of copies of documents provided by the employer to the employee is established by Decree of the Presidium of the Supreme Soviet of the USSR dated August 4, 1983 No. 9779-X “On the procedure for issuing and certification by enterprises, institutions and organizations of copies of documents relating to the rights of citizens” (hereinafter referred to as Decree No. 9779-X X). In accordance with this procedure, organizations issue, upon applications from citizens, copies of documents emanating from these enterprises, institutions and organizations, if such copies are necessary to resolve issues relating to the rights and legitimate interests of citizens who have applied to them.
The accuracy of the copy of the document is certified by the signature of the manager or an authorized person and a seal imprint (if the organization uses a seal in its activities).
GOST R 6.30‑2003 “Unified system of organizational and administrative documentation. Requirements for the preparation of documents”[2] regulates the preparation of records on a copy. According to clause 3.26 of this standard, when certifying the conformity of a copy of a document with the original, below the “Signature” requisite, the following is indicated:
- certification “Correct”;
- position of the person who certified the copy;
- personal signature;
- decryption of the signature (initials, surname);
- certification date.
Please note that GOST 6.30‑2003 will soon become invalid. When preparing documents after 07/01/2018, we will have to take into account the requirements of the new GOST R 7.0.97‑2016[3]. The rules for certifying copies will change slightly. In particular, if a copy is issued for submission to another organization, the mark on the certification of the copy is supplemented with an inscription about the storage location of the document from which the copy was made (“The original document is located in (name of organization) in file No. ... for ... year”), and is certified seal of the organization. In this case, a stamp can be used to mark the certification of the copy.
Please note that you cannot certify copies of documents that have unclear text, erasures, additions and other unspecified corrections (clause 3 of Decree No. 9779-X).
Who can certify copies?
Firstly, the authority to certify copies can be established in a local regulatory act regulating document flow in the company, or in instructions for personnel records management. Secondly, the certification of copies can be entrusted to any employee of the organization, for example, a personnel officer, accountant, deputy director, secretary.
How to certify a copy of a document on several sheets?
Indeed, there is a copy of a document on several sheets. In this case, the employer has two options: to certify each sheet or to stitch and number all sheets of the copy and put a certification inscription on the last sheet on the back side (for example, “The copy on 8 sheets is correct”).
Cancellation of a previously issued dismissal order
If the employee changes his mind about leaving and withdraws his application, and a regulatory document on termination of employment relations has already been issued, the employer will have to organize work to cancel it.
This regulatory act is subject to repeal by another similar regulatory act of the employer. That is, if there was an order, then it must also be canceled by order. If it is an order, we cancel it by order.
The form is free. The wording is that in connection with the employee’s withdrawal of the application for termination of the employment contract on the basis of Article 80 of the Labor Code of the Russian Federation, such and such a regulatory document must be declared invalid.
Nuances that HR managers should know about
Although the form of the order for voluntary dismissal has not changed for quite some time, some specialists continue to make mistakes when drawing up a document on termination of an employment agreement. Among the most common flaws:
- Incorrect form of document. Sometimes a personnel officer cannot find a standard dismissal order and manages to download the wrong form (for example, he uses the T8a format, intended for issuing orders to terminate an agreement with several employees on the same day).
- The date of dismissal is indicated incorrectly. An inexperienced personnel officer who uses an order to dismiss from the organization at his own request forgets that the last working day will be the day of dismissal. If the employee wrote in the application: “I ask you to fire me on November 20, 2019,” then this date must be indicated in the order. If it says: “I request your dismissal from November 20, 2019,” then the last day of work will be November 19, 2019.
- Lack of agreement with the trade union. If the enterprise has such a body, you will have to coordinate with it the dismissal at the initiative of the employer. An order to dismiss an employee at his own request, a sample of which was presented above, does not need to be signed by a trade union representative.
On what basis is a dismissal decree issued?
Labor legislation obliges an employee who wishes to terminate an employment contract to notify the employer in writing no later than two weeks in advance. This norm is enshrined in Article 80 of the Labor Code. In some cases, other deadlines may be established by the code or federal laws.
The employer has the right to reduce the two-week period of work. At this time, the employee is not required to be at his place of work; he can leave on a certificate of incapacity for work, use the remainder of the next vacation, etc. The deadlines do not change.
The form of application for dismissal can be arbitrary. The document can be written by hand, printed using office equipment, or filled out on a form that can be used in the human resources department. Important conditions are:
- applicant's handwritten signature and date;
- clear wording that conveys the citizen’s desire to quit and is clearly understood;
- The date that will be the employee’s last day of work in this organization must be present.
There can be only two types of application submission methods:
- personally to the office of the organization;
- by mail with notification.
How to apply correctly?
Until 2013, documentation for voluntary dismissal of this kind had to be completed using form No. T-8, approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004.
Reference. With the entry into force of the Federal Law “On Accounting”, enterprises began to have the right to draw up and approve their forms for “primary”, which includes an order to dismiss an employee for any reason, including by his decision.
However, due to convenience and accumulated experience, the T-8 form is still actively used in various enterprises. The reasons for this are:
- Most personnel department employees are familiar with the rules for registering T-8.
- Not everywhere local regulations have approved a new form to replace the corresponding form.
Therefore, the T-8 should be considered the universal form for this document. The following must be considered as the main requirements :
- The document must be signed by an authorized person from the enterprise or personally by the individual entrepreneur. Who exactly is the authorized person is determined in accordance with the Charter of the enterprise, the norms of the law, as well as a power of attorney issued to the responsible person in accordance with legislative norms.
- In any case, the document is drawn up in writing. Verbal dismissal is expressly prohibited by law.
How is T8 issued?
A unified order for the dismissal of an employee is drawn up in writing by the personnel officer. It indicates the grounds for dismissal with reference to the Labor Code of the Russian Federation, the employee’s data, the number and date of the basis for termination of the agreement (statement by the employee, summons for military service, etc.).
If an employee who is financially responsible leaves work, an extract must be attached confirming the absence of financial claims. If an employee is fired by the head of the enterprise, a note from the trade union is attached with a view of the situation. If there is no trade union in the organization, a note is not required.
Important! Usually the order is issued on a T8 form. But the company may also have its own form with the relevant details.
As a rule, the order is printed by the personnel officer according to the established standard template. This is done on the day of dismissal. Sometimes the document is prepared in advance, but it can only be used after 14 days, during which the employee may change his mind about leaving work. In this case, the signed order will have to be declared invalid and cancelled. After signing, the document is registered in the accounting book.
It is more convenient to create an order in a special program. Then the personnel officer can automatically create a calculation document for the accounting department. According to it, the employee will be accrued the necessary payments upon dismissal.
Sometimes, along with the order, the outgoing employee is given a bypass sheet. With it, the employee must go around the responsible persons at the enterprise so that everyone signs the document. This is required where there is financial liability, when transferring documents from one employee to another, etc.
Important! The resigning employee must sign the order. After this, the document is returned to the personnel officer. At the request of the employee, he may be given an extract from the order or a copy within 3 days after the request.
The document on termination of the employment agreement is attached to the folder in the employee’s personal file, which is archived.
