Dismissal of an employee due to relocation, Article 80 of the Labor Code of the Russian Federation

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Published: 04/14/2016

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Dismissal due to relocation is regulated by Art. 80 of the Labor Code of the Russian Federation and refers to dismissal at the initiative of the employee. In this case, two-week work is mandatory , except in cases where continuation of work is impossible for a number of reasons, such as the transfer of a spouse to serve in another locality.

Life is an unpredictable thing, and its next surprise may be the need to move to another city. Such an act implies certain hassles associated not only with preparing for the move, but also with dismissal from the current place of work. How to resign when moving? And is it possible to do this without working legally?

Legislation
Dismissal procedure
How to fill out an application correctly?
Entry in the work book
Is it possible to quit without working?
Features of dismissal at the husband's place of duty

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.

Legislation

Legal relations between employee and employer are regulated by the Labor Code of the Russian Federation. Dismissal due to relocation refers to dismissal of one's own free will and is regulated by Art. 80. Labor Code of the Russian Federation.

This article states that any employee can terminate an employment contract by

on their own initiative, notifying the manager two weeks in advance. If during this period the employee suddenly changes his mind and decides to keep his current job, he has the right to withdraw the application and continue working. In addition, if for some reason, after the expiration of the two-week period, the employment contract was not legally terminated, then it is considered valid.

In addition, situations are possible when it is not an individual employee who moves, but the entire organization. Then an employee who does not agree to move to another city can be fired on his own initiative (Article 77 of the Labor Code of the Russian Federation).

When dismissing the wife of a military man from work, the employer is obliged to provide her with monetary compensation equal to her average monthly salary twice (Government Decree No. 585).

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.

The nuances of leaving work at the place of civil or military service of the spouse

The algorithm for leaving the enterprise in this case will be the same, only the subordinate will need to attach to the application for leaving a certificate confirming the transfer of his wife or husband to another city.

Those dismissed for this reason are also entitled to compensation, so it is necessary to clearly indicate in the application why the person is leaving the company.

In accordance with the 5th paragraph and 3rd paragraph in the Resolution of the Council of Ministers of the RSFSR dated November 5, 1991 No. 585, the boss must pay to the spouse of a military man or husband of a military woman upon leaving work compensation, which is equal to the average earnings for one month, increased by two times.

When an employee leaves the organization on the basis of a change of place of work of his wife or husband, the boss can formalize the dismissal early if the departure is urgent and confirmed by relevant documents.

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 of a remote employee

In the age of the Internet, a lot of workers do things remotely. That is, he doesn’t go to the office. Works at home or somewhere else. For example, in a coworking center.

To be honest, not many remote workers are formalized. Termination of the employment contract does not occur, because the document does not exist in nature.

If the relationship is fully formalized, then everything happens as described above. For example, an application by mail, issuance of an order, money on a card, a work book by mail.

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:

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.
Two-week work if the employer does not agree to a reduction in the period.
Signing a bypass sheet, if this is established by the internal rules of the enterprise.
Registration of the transfer of material assets, if the official was the financially responsible person.
Receiving a copy of the contract completion order, work record book and other necessary documents.
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.

Employer's actions

If the head of an organization has received a letter of resignation, he needs to figure out whether the employee has the right to leave the organization without working. If the employee has such a right, then the boss must:

issue a dismissal order;
make an appropriate entry in the work book;
determine the amount of money owed to the employee, transfer funds to the card or set aside cash.

According to Art.
140 of the Labor Code of the Russian Federation, if a person was not present at the workplace on the day of dismissal, then the money must be paid to him no later than the day following the day the employee applied for these funds. If the organization pays wages in cash, which is now rare, then there is a good option: in the resignation letter, the employee must ask to transfer the money to a bank account and indicate the details. The employer is obliged to fulfill this request.

Once again about the most important points:

The work book is waiting for the employee if he has not given consent to have it sent by mail. Or, if a representative of the dismissed person did not come for her. The employer needs to inform the former employee that the documents are ready for issue - write a corresponding letter.
If payment in the organization is carried out by card, then the money is transferred to the employee on the day of dismissal. If the salary is paid in cash, then the bills lie there and wait for the employee to come for them. A representative can take the money if the power of attorney issued to him contains such authority. The dismissed person can indicate bank details to which funds can be transferred.

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.

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.

Duration of the procedure

The current legislation does not indicate within what period an employee who moves to another place of residence must be dismissed.

Due to the fact that in this case, most often the employment contract is terminated at the initiative of the employee, it is understood that he can do this at any time. Moreover, as was already written above, you will not have to work for two weeks , since a change of place of residence is a forced reason for leaving work.

In addition, you can resign at any time by agreement of the parties (if the employer agrees to this option). In this case, you can also avoid the mandatory two-week work period.

Employers should remember that they do not have the right to prevent an employee from voluntarily leaving his position. Moreover, in this case, the reason that prompted the employee to make such a decision does not matter. Any resistance from the company management will be a direct violation of labor laws.

Thus, if an employee moves to another place of residence, he can leave his current job of his own free will or on the basis of an agreement concluded with the company’s management. The main thing is to arrange everything correctly from the point of view of labor law. There is no need to work for two weeks, although by agreement with the employer, if the relationship is good, any date of dismissal can be agreed upon.

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.