We formalize dismissal due to moving to another city

Moving to another city is a common situation. But finding a job in a new place of residence is much more difficult. How does the dismissal of an employee who moves to live in another area occur?

Dismissal due to moving to another city occurs on application. That is, the employee must write a statement addressed to the manager with a request to dismiss him, since he is changing his place of residence.

Such grounds for termination of labor relations between an employee and an employer are possible under the Labor Code of the Russian Federation. There are 2 reasons for dismissal:

• upon moving to a new place of residence of the employee himself;
• in connection with the transfer of a spouse to a new place of work in another region.

Both grounds must be specified in the application. After writing it, the employee is given a bypass sheet, which he must sign within two weeks.

Dismissal due to the fact that the employee or his family is forced to change their place of residence occurs on a general basis, with mandatory subsequent service. But if the employee’s spouse serves in the state or law enforcement agencies of the Russian Federation, and he is urgently transferred to a new duty station, then he can resign without working off. But to do this, you must present the employer with a certificate from your spouse’s place of service.

In Art. 84.1 of the Labor Code of the Russian Federation states that the work book must indicate exactly the same reason for dismissal as stated in the application. But a specific reason for dismissal due to relocation was not specified. Thus, the employee quits on his own initiative, but due to the fact that he moves to live in another city or region.

That is, moving to another city is a legal basis for dismissal, and an urgent move is grounds for dismissal without service. At the same time, not only the employee, but also the employer himself can change his place of residence and location.

Each legal entity has its own legal address - the address at which it is registered and at which it receives official correspondence. When you change this address, changes are made to the constituent documents, and you will also have to move to another city. If this is the case, then the employer has the right to invite his employees to move with him. When moving to another city, all employees who gave their consent will be employed.

A relocation offer must be issued to each employee. It must be in writing and issued against signature. If the employee agrees to the move, he gives his written consent. If he does not agree, then he also gives a written negative answer. This is grounds for his dismissal.

The procedure for dismissing an employee is as follows:

• he writes a statement if the move is his initiative or a forced necessity;
• gives a written negative response to the employer’s proposal to change his place of residence and work;
• working for 14 days, unless there is another agreement with the employer or the move is not urgent (for which there is evidence);
• familiarization with the dismissal order against signature. Separately, you need to check the specified reason for termination of the employment relationship and the date;
• signing by the employee of the bypass sheet;
• receipt of all due payments on the last working day;
• receiving a work book;
• receiving a certificate in hand in form 2-NDFL and in form 4-FSS.

Reasons for changing residence

The process of ending cooperation is quite simple, but it also requires precision and accuracy. When registering a dismissal due to a change of residence under Article 80 of the Labor Code of the Russian Federation, you need to take into account all the nuances, as this will allow you to correctly fill out the necessary documentation.

Moving to a different city

To terminate the employment relationship for this reason, the employee must submit a resignation letter due to moving to another city. The sample will allow you to write a notice that complies with legal requirements. The document must contain the following information:

• Last name, first name, patronymic of the employee and his position.
• Date of dismissal.
• Date of document creation.
• Possibility of working out.

In some cases, the management of the organization agrees to terminate the employment contract with a specialist without working out. The director puts his resolution on the document and sends it to the personnel service of the enterprise.

Transfer of a military spouse

A similar basis for dismissal is established in the provisions of the Labor Code of the Russian Federation. Its peculiarity is the absence of a mandatory two-week period of work. To exercise this right, the employee must provide the employer with a certificate confirming the transfer of her husband to another place. Such a document can be obtained from a military unit. In addition, the specified certificate is considered a basis for urgent termination of the contract.

To end the cooperation, the woman must submit a resignation letter of her own free will. But in her work book there will be a note that the employee was fired due to the transfer of her military spouse.

And also the wife of a career military man has the right to a special compensation payment in the amount of two months’ average salary. A woman can receive it after providing a certificate at her new military unit about her average earnings at her last place of work.

Changing the legal address of the company

Not only the employee, but also the organization itself can move. According to the provisions of the Labor Code, termination of cooperation between the employer and specialists in connection with a change in the legal address of the enterprise is not provided for. But at the same time, the employer should promptly and in writing offer the staff to move with the company.

If a specialist does not want to move, the employer has the right to terminate the employment contract with him.
In this case, even protected categories of workers are subject to dismissal:

• pregnant employees;
• women on maternity leave;
• disabled people.

The employer draws up an order stating that the relationship with the specialist is terminated due to his refusal to transfer to another city. And the order also makes reference to Article 77 of the Labor Code of the Russian Federation.

Payment for relocation upon dismissal

If an employee quits because he himself decided to move to live in another area, then this is his own initiative, and he is not entitled to any compensation. If the move was initiated by the employer, and the employee agreed to be transferred to another location, then the employer must pay for the travel. In Art. 165 of the Labor Code of the Russian Federation talks about all guarantees and compensations that must be paid and provided to the employee, including in connection with the move.

In Art. 169 of the Labor Code of the Russian Federation states that when an employee moves to another area together with the employer, the latter must compensate for:

• expenses for relocation of the employee himself, as well as all members of his family;
• expenses for transporting property. An exception is the provision of transport for transportation by the employer himself;
• expenses for settling in a new area.

A specific amount is not specified in the Labor Code of the Russian Federation; compensation is made by agreement of the parties - the employee and the employer. But if an employee works at an enterprise that is financed from the federal budget, then the specific amount of moving expenses, which is subject to compensation from the employer, is prescribed in Decree of the Government of the Russian Federation of April 2, 2003 No. 187.

In paragraphs “a” clause 1 of this Resolution states that:

• Travel expenses to a new place of work for the employee and his family members are compensated in the amount of actual expenses confirmed by travel documents. At the same time, a limit is set: if the transfer is carried out by train, then it is not higher than the cost of tickets in a compartment carriage of a fast branded train;
• if by water transport - in a group V cabin of a sea vessel of regular transport lines and lines with comprehensive passenger services, in a category II cabin of a river vessel of all lines of communication, in a category I cabin of a ferry ship;
• by air – in the economy class cabin;
• by car, but not by taxi.

Other expenses are reimbursed in accordance with paragraphs “b” and paragraphs. “c” clause 1 of Resolution 187. The employee will be required to return the amount of compensation for relocation in the following cases:

• he did not begin his direct duties within the prescribed period;
• resigned at his own request before the end of the employment contract that was concluded with him in the new location;
• committed a guilty act, the disciplinary punishment for which is dismissal.

However, these points must be explicitly stated in the new employment contract.

If an employee does not show up for work or refuses to start work for a valid reason, he is obliged to return the funds paid to him minus the expenses incurred by him for his relocation and the relocation of his family members, as well as the costs of transporting property.

Application Form

When drawing up an application for resignation of one's own free will due to a change of residence, the wording is very important. In addition, although the document is written in free form, it is necessary to indicate some information:

• Name of company.
• Last name, first name, patronymic and position of the employee.
• Last name, first name, patronymic and position of the manager.
• Desired day of dismissal.
• Date of document creation.
• Personal signature of the employee.

The date of completion of the relationship indicated by the specialist is considered the desired day of completion of the work. The employer can either agree with this dismissal period or dismiss the employee after mandatory service. If the manager obliges the employee to work for the two weeks established by law, but the citizen cannot do this, then the specialist must confirm his position with documentary evidence.

According to labor law, the relocation of an employee (with the exception of the spouse of a career military man) is not grounds for termination of the contract. In this case, a change of place of residence can be considered as a valid reason for reducing the period for completion of cooperation.

The reasons for dismissal specified in the application may differ depending on the circumstances of the move. In some cases, these reasons affect the employee’s receipt of benefits and advantages; for example, a manager may agree to a specialist leaving without working due to the latter’s urgent relocation.

Registration procedure

Dismissal due to relocation is accompanied by a certain algorithm of actions. If you adhere to it, you can easily quit quickly and receive all the money due to the employee.

Statement

The application is written by hand by the employee addressed to the employer. The full name, date of completion of work, date of writing the application, grounds for termination of the employment contract are written down.

The correct reason is indicated with a description of the nuances. The application is signed by both parties and stamped.

A sample resignation letter is here.

Order

The order is issued based on the submitted application. It states the time worked, unused vacation period, position and full name of the employee.

The code for termination of the employment relationship, signature of approval and working time is also written down there.

A sample dismissal order is here.

Entry in the work book

On the day of dismissal, an entry is made in the work book. After this, the employee gets acquainted with it and signs it if he agrees. The date is entered here.

After this, the employee receives all necessary payments.

Read whether dismissal due to loss of trust is possible. How to write a letter of resignation for child care? Sample here.

How to formalize dismissal by transfer to another organization? Details in this article.

Making an entry in the work book

All entries made in the employee’s work book are regulated by regulations. Therefore, the wording of the entry on the termination of the employment contract will be made both taking into account the personal statement of the resigning citizen, and on the basis of the approved wording.

If an employee simply moves to another city, then a record of voluntary dismissal is made in the employment record. The employee does not have the right to insist that relocation be indicated as a reason for termination of the contract. But for the wives of military personnel, an exception is again made, since the basis for termination of cooperation correctly entered in the work book gives the right to receive compensation. The document of these employees must always indicate that the dismissal is due to the transfer of a spouse.

Dismissal due to relocation

A move can be caused by various reasons: a new place of residence in another locality, the transfer of a spouse to another place of duty, a change in the location of the company itself.

To another city

When there is a need to change place of residence, the employee writes a resignation letter as if of his own free will. The process of termination of employment relations will be similar to that at the initiative of the employee.

At the spouse's place of work

If the issue of dismissal concerns the wife of a military man who was assigned to a unit in another locality, then she also writes a statement of her own free will, be sure to add the reason for ceasing to perform professional duties.
She also attaches a document confirming her words (a certificate from her husband’s place of service). When a husband (wife) is transferred to work in another locality (sometimes abroad), the wife (husband) attaches a corresponding document to the application for termination of employment as a document confirming the validity of the reason for dismissal.

Companies

When a company changes its location, an employee who does not want to travel to work in another city has the right to resign (Article 72.1 of the Labor Code of the Russian Federation). When preparing for a change of address, the company, among other measures, notifies its employees in advance. This is done in writing to avoid misunderstandings in the future.

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Article 72.1. Transfer to another job. Relocation of the Labor Code of the Russian Federation

Contract termination process

The procedure for ending an employment agreement related to the relocation of an employee is practically no different from ending a relationship on the initiative of a specialist. The difference arises only in cases where the manager agrees to shorten the period of compulsory service.

The dismissal process for an employee consists of the following stages:

1. Submitting a letter of resignation addressed to the head of the company. It is allowed to send the document by registered mail with notification and a list of the attachments.
2. Two-week work if the employer does not agree to a reduction in the period.
3. Signing a bypass sheet, if this is established by the internal rules of the enterprise.
4. Registration of the transfer of material assets, if the official was the financially responsible person.
5. Receiving a copy of the contract completion order, work record book and other necessary documents.
6. Final settlement.

A specialist has the right to take annual leave and only then resign. In this case, it is better to resolve all issues related to termination of the contract before going on vacation, especially if the citizen is a financially responsible person.

Is work required?

Let's look at three options for dismissal due to relocation and determine whether they require work.

Attention! If a resigning employee performs duties temporarily, during the season (temporary, seasonal work up to two months) or is on a probationary period, he works only three days.

Dismissal due to company relocation

Dismissal related to the relocation of the company itself is carried out a little differently.
In such a situation, the employer is obliged to inform all staff about the upcoming changes. Despite the fact that there are no rules for carrying out such a procedure in the legislation, it is better to inform employees in writing. This will allow the manager to confirm that employees have been notified in the event of an inspection by supervisory authorities or legal proceedings. Termination of the contract occurs in accordance with the general procedure in accordance with the provisions of Art. 81 of the Labor Code of the Russian Federation with a mandatory written certificate of the specialist’s refusal to move. In the order to dismiss a citizen, reference should be made to clause 9 of Art. 77 Labor Code of the Russian Federation.

Relocation at the initiative of the employer

Reliable, experienced personnel are always valued, and sometimes the initiative to change the area or place of work comes from the employer. If he invites the employee to move, terminating the contract at the current place of work, then dismissal due to a change of residence will be interpreted as a severance of the employment relationship at the initiative of the employer. In this case, there are obligations that the employer must undertake (Article 169 of the Labor Code of the Russian Federation). The receiving party must provide free relocation for the employee and his family, transportation of property, and settlement in a new place. There is a special procedure for the exchange of documentation between the dismissing and accepting employers in order to guarantee employment for the dismissed employee. The procedure and amount of payments are discussed in each specific case and recorded in writing.

A standard dismissal order is drawn up in form T-8

The need for development

Timely registration of dismissal in connection with moving to a new place of residence under Article 80 of the Labor Code of the Russian Federation is possible provided that the citizen notified the organization’s management of his intentions two weeks before the desired end of the employment relationship. There is no special rule establishing the employee’s obligation to work for a two-week period, but the employer is given the right to refuse to dismiss a specialist before the expiration of the specified time. And if an official wants to quit urgently, but the employer does not give his consent to this, then the employee will have to work off.

But still, in some cases, an employee has the opportunity to leave the organization without working for the established period:

• Urgent preparation of documentation for dismissal of one's own free will without working off due to relocation, if both parties agree to this.
• Application of the provisions of Art. 80 of the Labor Code of the Russian Federation, according to which relocation can be considered a valid reason to shorten the period of completion of the contract.
• An employee going on vacation for more than two weeks followed by termination of cooperation. It is recommended to end all relationships with the employer before starting your vacation.
• A certificate of incapacity for work, according to which the period of work will end before the specialist recovers.
• Identification of facts indicating violation by the employer of the provisions of Russian labor legislation.

By indicating a valid reason for dismissal in the application, the employee forces the employer to resign on the date specified in the document. The difficulty lies in the fact that the regulations do not contain a list of such grounds.

Practice shows that the following are considered valid reasons:

• The citizen’s move to a new place of residence, preferably confirmed by a note in the passport about the extract.
• Sending a spouse to work abroad or transfer to another city.

Thus, the departure of a specialist can be considered as a valid reason for urgent dismissal.
But in order to apply these legal norms, the employee must write in the application that the termination of the contract is related specifically to the move. To confirm the need for urgent dismissal, the employee may provide supporting documentation to the manager. But nevertheless, this reason is not legally established as valid, and therefore it is up to the employer to decide whether to take it into account or not. Since relocation is not a clear legal basis for dismissal without working out the required two-week period, it is better to come to an agreement with the employer and leave without conflict. If the employer insists that the citizen work for fourteen days, then it is necessary to find the most suitable way for the employee not to do this, complying with the provisions of the law. If a specialist stops going to work after submitting an application, but before the date of dismissal, his actions will be qualified as absenteeism. In this case, dismissal will be carried out in the form of a disciplinary sanction.

Is it possible to quit without working?

Dismissal is regulated by Art. 80 of the Labor Code of the Russian Federation and implies notification of this to the employer no later than 14 days before the expected day of dismissal.

However, the law does not require the employee to continue working on these days. It is this loophole that most employers take advantage of, not wanting to terminate the contract ahead of schedule.

Dismissal may take place without work in the following cases:

• voluntary agreement between the employer and employee on urgent termination of the employment contract;
• vacation of more than two weeks immediately before dismissal. In this case, the employment relationship must be terminated on the last working day of the dismissed person;
• sick leave for the period until the end of service;
• non-compliance with labor laws by the employer.

Dismissal due to a change of residence without work is practiced in cases where continuation of work is impossible for a number of valid reasons. The problem is that a list of these very reasons is not provided.

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Entitled payments

For any reason for termination of cooperation, the employer is obliged to make a full settlement with the specialist. In this case, the employee must receive the following funds:

• Salary for time worked.
• Compensation for unused vacation days.
• Payment for the period of incapacity for work if the employee was on sick leave.
• Bonus payments, if they are provided for in the labor and collective agreement.

The entire amount must be paid to the officer on the date of completion of the contract. They can also be issued to a third party who presents the appropriate power of attorney.

The Labor Code does not provide for the preferential rights of employees in matters of dismissal due to relocation. In this regard, citizens need to know the provisions of regulations. An employee may ask the manager to shorten the working period, but it should be borne in mind that there is no rule in the law obliging the employer to agree to this.

conclusions

The legal procedure for dismissing a citizen due to moving to another area is similar to the algorithm that is usually used when an employee leaves on his own initiative. However, termination of employment relations by an employee due to a change of city (region) of residence has some specifics. It must be taken into account when drawing up a proper application.

When planning the date of departure, the employee can refer to related valid reasons. If there are compelling reasons, you can avoid a two-week detention.

Regarding payments in case of dismissal

Any employees have the right to receive a payment. It contains the following elements, one or more:

1. Debt in connection with time actually worked. This includes travel allowances, harmful supplements, and bonuses.
2. Compensation for vacations remaining unused.
3. Accruals for sick leave.
4. Withholding taxes from individuals.
5. Other types of deductions - for alimony, loans, and so on.

Collective agreements may provide for other types of benefits for situations where such a dismissal procedure is taking place.

What if the application is not signed?

It is important that the employee has time to record such a refusal. Proof of the competent preparation of the application is the very fact that the other party accepted the document. It must be handed over only to authorized employees whose duties are specified in the staffing table.

There is no need to forward the application to any employee. Employees who manage the document flow of the enterprise are responsible for this. The secretary or clerk confirms the fact of the application if the manager refuses to accept the document.

The following information is entered on the second copy of the application:

• date of receiving;
• number of incoming documentation according to the logs;
• employee signature, with transcript.

The number of the incoming documentation may not be indicated. The registration date is required - the countdown of the total working time begins from it. The secretary has no right to refuse to accept documents; such actions fall within his direct responsibilities.

If both the manager and the secretary refuse to accept the application, the document can be sent by mail, by registered mail.

How does dismissal due to relocation occur?

Since it was already indicated above that leaving work due to a change of place of residence falls into the category of dismissal of one’s own free will, the employee does not need to take any special actions. In general, the whole process can be divided into the following stages:

1. Write a letter of resignation indicating the desired last working date and submit it to the employer;
2. Obtain consent to accelerated termination of the contract or refusal to do so;
3. Issue a bypass sheet;
4. Work out the notice period for dismissal (2 weeks) if it was not possible to agree on early termination of the relationship;
5. Transfer the cases and familiarize yourself with the issued dismissal order;
6. Receive documents and all outstanding wages on the last day of work.

It is better to secure the agreement reached on early termination of work in writing, in the form of a manager’s resolution on an application.

The relocation of a company to another city is not considered as an acceptable case for dismissal due to the employee’s departure to another region. In this case, the employee is offered a job in another city or other vacancies remaining at the company’s old address. If the employee refuses, the employee is dismissed due to the impossibility of moving to a new place of work. However, this is a completely different article for dismissal.

How to write an application in connection with relocation?

As a rule, companies already have prepared templates for most applications, which are given to the employee to fill out, in order to minimize errors and inaccuracies. Despite this, it can be stated that there is no legally established application form for dismissal due to a change of residence. In this regard, it can be drawn up arbitrarily, but with the obligatory observance of the following rules:

• The identification data of the organization and employee is indicated in the upper right part of the sheet;
• The contents indicate a valid reason for shortening the period of service and the required date of dismissal;
• At the bottom, the date of writing must be placed on the left, and the signature of the employee on the right.

It is important to indicate the specific day of dismissal without the prefix “with”, which can be interpreted in two ways. This way you can avoid possible misunderstandings with the employer.

The application is submitted in person, through the manager’s secretary or by registered mail with notification. You can attach to it (but the law does not formally require this) copies of documents confirming the forced nature of the severance of the employment relationship. It is acceptable for these to be:

• Copy of passport with new registration;
• Travel tickets;
• An order to transfer a spouse to a new workplace;
• Referral of a close relative for long-term treatment to another place.

This is important to know: Report on dismissal due to illness

Spouses of military personnel who are transferred to another location, along with the application, provide a certificate of change in the husband’s deployment.

How is a dismissal order and work book drawn up?

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

If the application indicates all the details of the employee’s departure from the company, including the reason for departure, then this information is not indicated in the order and work book. In these documents, a record of dismissal is made of one's own free will, but with reference to special circumstances.

Example. The employee decided to leave the company due to the transfer of her husband to another location, then the entry in the work book will look like this:

“Dismissed at her own request due to her husband’s transfer to work in another locality, paragraph 3 of Article 77 of the Labor Code of the Russian Federation”

• Work book;
• A certificate of the employee’s earnings for the last 2 years;
• Extract from SZV-STAZH and information from the SZV-M form;
• Certificate of calculation of insurance premiums.

At the request of the employee, upon his written application, other documents related to work are also issued within 3 days from the date of receipt of the request.

What payments are due upon dismissal due to relocation?

The law requires full payment of the amounts due to the employee on the day of his dismissal. The employee must be paid:

• Amounts for hours worked during the month of dismissal;
• Premiums, bonuses, additional payments and other incentive payments are provided for by local regulations;
• Compensations established by the collective and labor agreement, including amounts for unused vacation;
• Sick leave pay if incapacity for work occurs within a month from the date of leaving the company.

For cases of dismissal due to the transfer of a spouse to a military unit in another region, his wife is also entitled to payment on the basis of Order of the Ministry of Defense dated July 11, 2002 No. 265. However, it is made from budget funds and only requires the company to issue the spouse a certificate of average earnings.

When you can not work

Since this dismissal is classic, the application is submitted 2 weeks in advance, it turns out that this period until the appointed date, the employee continues to work at the enterprise, and it is counted as working off.

But in connection with the move, it is possible to come to an agreement with your superiors and not work off the work. In addition, there are certain tricks, for example, taking a partial 14-day vacation or taking sick leave if illness overtook the employee during this period.

It is also possible to resign urgently if there are good reasons; there is no mention of them in the legislation, but in practice it is considered a good reason:

• Changing of the living place;
• Relocation due to transfer of a family member;
• Moving for permanent residence to another country.

An example of recording a labor record upon dismissal due to relocation.

How to quit without working

According to the law, the following categories of workers are allowed to resign without working within 3 days:

• On probation;
• Those working on seasonal jobs, and such a feature must be indicated in the contract;
• If the employment contract is concluded for less than 2 months.

Drawing up an application

As already mentioned, the application is formed in any form, but taking into account the rules for drawing up business documentation.

It must necessarily contain:

• Details of the organization, full name of the manager, full name of the employee, his position - this is all indicated in the header of the document;
• Next, in the center of the sheet, is the name of the document and the reason, for example, “Application for dismissal due to relocation”;
• Next comes the text of the document in which you should contact the manager - “I ask you to resign at your own request,” then you should indicate on what date the calculation must be made;

Important: it would not be amiss to remind you that dismissal should be carried out with due compensation payments.

• After which the date of preparation of the document and the signature of the applicant are put.

On the application, the manager must leave his review, which will serve as a kind of consent and a reason for drawing up an order.

Sample application for dismissal without service due to relocation.

General information

In accordance with the Labor Code, the employment of a citizen is carried out in a certain order. That is, an order is issued, a work book is taken for recording, and the employee begins to perform his duties on the basis of an employment contract.

This is important to know: Dismissal under a GPC agreement

As soon as a citizen decides to terminate the employment relationship or the employer does so, the entire dismissal procedure must be properly formalized.

If this is a fixed-term employment contract, then the person is automatically fired upon expiration of the document.

The dismissal procedure becomes simple - a person submits an application in the established form, management signs it.

The specialist has the right to independently ask for termination of the employment relationship, but by warning him in advance - 2 weeks in advance.

If the employer does not mind, then the employment relationship has the right to be terminated earlier than the stated period.

When the period expires, the employee stops fulfilling his obligations, receives a work book and payments. Dismissal at will is accompanied by an order. During two weeks of work, the employee has the right to withdraw his resignation letter.

Dismissal is possible at the initiative of not only the employee, but also the employer. The reasons for this could be:

• staff reduction;
• violation of labor regulations;
• change of management and liquidation of the company;
• violation of the terms of the contract or failure to fulfill obligations.

But the employer must fulfill the following requirements:

1. The grounds for termination of employment relations are specified in the Labor Code. Before dismissal, there must be disciplinary action or a reprimand, and only then dismissal.
2. All grounds are supported in writing and documents.
3. A minor can be dismissed before the document expires, but only if there is consent from the guardianship and trusteeship authorities.
4. The company must comply with the deadlines established by current legislation.
5. It is obliged to pay compensation payments and provide guarantees.

basic information

According to the Labor Code of the Russian Federation, hiring a person is carried out according to a specific plan. First, an order is issued, the work book is confiscated, and the person can begin to fulfill his official obligations in accordance with the contract.

If a working citizen has expressed a desire to sever the employment relationship (EL) or such a decision has been made by the manager, then the dismissal process must be properly formalized.

Important ! If the employment contract was fixed-term, then as soon as it expires, the employee will be dismissed automatically.

When the term of the fixed-term employment contract ends, the person will be dismissed automatically

The dismissal plan is simplified - the employee writes a statement according to the accepted model version, and the manager signs it.

A working citizen has the right to independently make a request to terminate the relationship, but to do this, he must notify management in advance (2 weeks in advance).

Important! If the management does not object, then the termination of the relationship may occur earlier than the specified period.

You can quit early

After the expiration of the established time, the employee stops performing the duties prescribed to him by the employment contract, he is given a work book and the due money. Leaving the place of work is accompanied by an order. An employee can withdraw his resignation letter, but this must be done within 2 weeks.

Termination of maintenance can be carried out not only at the request of the employee, but also at the initiative of the employer. The reason may be:

• reduction of jobs;
• non-compliance with work schedule;
• replacement of management and termination of the company;
• failure to comply with the terms of the contract and failure to fulfill the obligations prescribed by it.

An employer has the right to dismiss an employee independently

The following conditions must be met on the part of the employer.

1. The reasons for removing an employee from fulfilling labor obligations are established in the Labor Code of the Russian Federation. Dismissal must be preceded by all kinds of disciplinary punishments and only then - the very last thing: termination of the employment contract.
2. All grounds must be documented in written form.
3. Dismissal of an employed citizen who has not reached the age of 18 is permitted before the expiration of the validity period, but only with the permission of the guardianship and trusteeship authorities.
4. The organization is obliged to comply with the time frames prescribed in current legislation relating to employment.
5. It must pay compensation and provide guarantees.

To fire an employee, the employer must have compelling reasons

Completion of maintenance due to moving to another city is carried out on a general basis with a mandatory two-week period. However, if the employee’s husband/wife serves in government and law enforcement units of the Russian Federation and the transfer to a new place of work is urgent, then you will not have to work for two weeks beforehand. For this purpose, you need to provide the employer with a certificate from the husband/wife's place of service.

In Art. 84.1 of the Labor Code of the Russian Federation it is noted that the reason for dismissal is written in the work book, similar to that indicated in the application. But there is no specific reason for leaving work due to a change of residence. It turns out that a working person leaves his place of work of his own free will, but due to the fact that he changes his place of residence.

Important ! If a person decides to change his city of residence, then this is a legal reason for terminating the employment relationship. An urgent change of residence serves as grounds for leaving work without prior work. At the same time, not only the person himself, but also his employer can influence the change of place of residence.

The work book indicates the reason for dismissal

Any legal entity is assigned a legal address - this is the registration address to which official mail and business letters are received. If there is a change in this address, then amendments are made to the constituent documentation, then a move to another locality follows. In such a situation, the employer reserves the right to offer its employees a joint move. If employed citizens agree to move, then when they change their place of residence, they will automatically be accepted into the staff of their organization.

Is it possible to resign of your own free will when leaving for another city?

There are situations in which an employee may not work for 2 weeks before terminating the employment agreement. These include cases reflected in labor legislation.

For example, an employee is exempt from such obligations under the following conditions:

• retirement;
• receiving serious occupational diseases;
• studying at a university, etc.

Moving to another city is a reason for dismissal, in the event of which the employer is not obliged to release the employee from working for two weeks.

It should be taken into account that the manager can take the initiative independently. By mutual agreement of the parties, you can resign without working off.

This is important to know: What to do if you find out about pregnancy after dismissal

To resolve such issues, employees can contact higher authorities. As practice shows, in most cases, specialists side with the employee and allow dismissal on the day the relevant application is submitted.

Moving from the Far North

Compensation payments are due to those who enter into contracts with state and municipal institutions and branches of extra-budgetary funds. Article 326 of the Labor Code of the Russian Federation determines the procedure for payments. The procedure for transferring money is associated with certain nuances:

1. If the movement to the territory of the CS is related to the conclusion of a contract. If there is a move to more southern regions, no payments are provided.
2. There is a requirement that you have at least 3 months of northern experience. Standard reasons for moving are the end of the contract, initiative on the part of the manager.
3. 2 and a half monthly salaries for each family member is the standard payment amount.
4. At limited rates, travel is paid along with baggage transportation. You may use a vehicle other than that specified by the company. But then compensation is paid differently.

Notice periods

You will have to work the standard two weeks. You can specify the desired date, but the employer is not obliged to meet it halfway. Although in practice, the parties sometimes manage to reach an agreement, and the employee leaves the company before two weeks have passed. Advice: plan your move in advance, do not take risks, hoping for the favor of the employer.

We remind you that two weeks begin to count from the next day after registration of the relevant application. For example, if you registered a document on November 1, then the two-week period begins on November 2. Calendar days are taken into account.

Yes, if you are a manager, the period of service increases to one month. Those on probation, on the contrary, notify the administration only three days in advance.

Some employees, after submitting an application, “go on sick leave” so as not to work. The work document is then asked to be sent by post. This is not very decent, but quite legal.

How to submit an application?

When filing a letter of resignation due to moving to a new place of residence, an important point is to indicate the correct wording. Correct preparation, taking into account all the subtleties that HR department employees forget to inform you about, is the key to error-free execution of the application.

An application for leaving work on personal initiative due to departure to another locality is drawn up in free form, but there are a number of rules that must be followed:

1. At the top right, a header is required; the full name of the organization, position and full name of the boss and employee are entered into it.
2. Then, on a new line, the resignation letter is entered directly, with the wording that is required or which was agreed upon with the HR department and the date of dismissal; it is also important to indicate the request for the release of all due funds.
3. Under the “body” of the application, the date of drawing up the application is indicated in the lower left corner, and a personal signature should follow on the right. When writing the date, the preposition “with” is not indicated, because This gives reason to interpret the information in two ways:

1. Correct spelling: I request...... dismissal 07/27/2018;
2. incorrect spelling: I request...... dismissal effective July 27, 2018.

It is very important to draft your resignation letter correctly.

In example (a), July 27, 2020 is the day when a person wants to fulfill his labor obligations within the working day for the last time, the employer has the right to approve such a decision of his subordinate or disagree with it, then dismissal will follow only after the 14-day period term.

Example (b) provides for two weeks of work, and if it is impossible to implement it, you must attach documentation confirming this fact.

When completing applications of this type, you must comply with the following requirements:

• the application is made in written or printed form;
• The application must be submitted in person, but it is possible to send it through the post office by registered mail.

The application can be written by hand or printed on a computer.

According to the Labor Code of the Russian Federation, an ordinary change of city of residence is not a reason for removal from the performance of official obligations, but can be a valid reason for reducing the period of dismissal.

Important ! For this reason, the reasons for leaving a job may vary, depending on the specific situation of the employee and the agreement with the human resources department.

The reason why a person wants to stop working must be reflected in the application, because this has a direct connection with the provision of preferential conditions and some privileges.

In addition, the formulation of the reason in the application has an impact on maintaining the total length of service uninterrupted.

The application must indicate the reason for dismissal

Important ! Moving can be considered a valid reason, so your work experience will not be interrupted if you got a job within a month.

Today, the length of service remains uninterrupted in the event of dismissal, regardless of the duration of the break, if this was due to the transfer of the spouse to another location for service (clause 6 of the Rules).

If you simply change jobs by moving to another city, then this period is extended only by the time necessary to get to your new place of residence (clause 10 of the Rules).

Transfer of a spouse to serve in another area

If an employee resigns due to the transfer of a military spouse to another locality, this circumstance must be indicated in the application and reflected in the dismissal entry in the work book. In this case, dismissal also occurs on the date specified in the application, without the obligation to work the two weeks required by law. As evidence, a certificate is provided as required by Order of the Ministry of Defense No. 265 dated July 11, 2002. The employer must provide the necessary documents for the employee to receive severance pay in the amount of an average two-month salary. The benefit is paid from the funds of the Ministry of Defense of the Russian Federation.

Sample letter of resignation due to transfer of spouse