Form T-8 is nothing more than a unified written order to dismiss an employee according to a standard established template. This document is drawn up on the basis of a written statement from the employee about the desire to terminate the employment relationship with the employer. This statement must be written at least two weeks before the employee finally leaves his place of work.
It should be noted that the T-8 form is not strictly required when drawing up a dismissal order; each organization can develop its own form or write this document in free form.
The main thing that, in any case, should be contained in it is the name of the company, personal data of the person being dismissed, the reason for dismissal (according to the Labor Code of the Russian Federation), the signature of the director (or an authorized person) and the signature of the employee.
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Application for resignation of an employee at his own request
It all starts with a statement from the employee, in which he indicates:
- last name, first name, patronymic and position;
- reason for dismissal - at own request;
- date of proposed dismissal;
- date of signing the application.
The employee writes a statement in any form addressed to the head of the organization and personally signs it.
Abstract formulations should be avoided. If the statement is drawn up incorrectly, ask the employee to rewrite it. The main thing is that he clearly writes about his desire to terminate the contract.
Sample letter of resignation of an employee at his own request
Who cannot be fired at the initiative of the employer
There are categories of persons to whom the above grounds do not apply or certain benefits are established.
Some cannot be fired at all on the initiative of the employer. Thus, pregnant women are fully protected and can only be fired in connection with the liquidation of the entire organization.
The following categories are also protected by the labor law:
- temporarily incapacitated people on sick leave;
- employees on parental leave;
- women who support minor children and disabled children.
However, there are exceptions in this case. Protection from dismissal does not apply if:
- the institution ceases to operate;
- the employee has violated the rules established by the institution many times (truancy, improperly performed the functions of his position, etc.);
- theft was detected;
- information constituting a commercial or banking secret was disclosed;
- an act of an immoral nature has been committed;
- The employee provided fictitious documents when registering.
Employee's dismissal date
The employee must give notice of dismissal at least two weeks in advance. The deadline starts from the next day after you receive the application.
For some employees, the law sets a different deadline:
- The director of the organization must notify the founder of dismissal at least one month in advance.
- An employee on a probationary period, a seasonal employee and an employee with whom a fixed-term employment contract has been concluded for a period of up to two months - no later than three days.
The employee may not comply with the two-week period and determine the date of termination of the contract himself if:
- he is unable to work due to going to college or retiring;
- dismissal is associated with a violation of labor legislation, which is recorded by the labor inspectorate, trade union, labor dispute commission or court.
By agreement with the employee, the two-week period may not be observed. For example, you both don’t mind terminating the contract after 5 days.
You cannot dismiss an employee before the deadline.
Unused vacation upon dismissal of an employee
If an employee has unused vacation days left, there are two options:
- give him compensation for all days of unused vacation;
- provide him with leave followed by dismissal - at the request of the employee. If he asks for leave with subsequent dismissal, you have the right to refuse and simply pay compensation to the employee. Such leave is formalized by two orders: on granting leave (form T-6) and on termination of the employment contract. On the last working day, you need to pay the employee and issue all his documents.
For circumstances beyond the control of the employee or employer
In such cases, according to Art. 83 of the Labor Code of the Russian Federation, include:
- military conscription (the key fact is that the person has received a document confirming the conscription);
- reinstatement of the former employee by decision of the court or the state labor inspectorate (before dismissal, the person must be offered all available vacancies in the area; if the transfer is refused, the person is fired);
- non-election to a position (applies to those with whom an agreement was concluded in connection with election to a position for a certain period (including based on the results of a competition);
- imprisonment by court verdict;
- disability for medical reasons;
- death or recognition as missing (if an individual entrepreneur terminates his activities due to death, the day of termination of employment relations is the day of death of the entrepreneur. The basis is the death of the employer, payments are made at the expense of his property and inheritance by court decision. The death of an employee must be confirmed by an official document, the amount payments and work book are issued to close relatives);
- emergency circumstances;
- administrative punishment (disqualification, ban on holding certain positions);
- expiration of the contract, suspension for a period of more than 2 months;
- denial of access to state secrets, if necessary;
- cancellation of the decision on reinstatement.
Severance pay for the listed reasons is paid only to those called up for military or alternative service, persons recognized as disabled, and persons dismissed due to the reinstatement of those previously dismissed. The amounts are calculated from the average salary for the previous two years of work, recalculated for two weeks.
The procedure for terminating an employment contract at the initiative of the employer is the same as in the usual manner, and involves the issuance of an order, familiarization with it, issuance of a work book and final payment.
In all cases, the order and work book reflect the corresponding paragraph of Art. 83 Labor Code of the Russian Federation.
Registration of dismissal of an employee
- Issue an order in form T-8. The basis is “at one’s own request, clause 3, part 1, article 77 of the Labor Code of the Russian Federation.” In other notices of dismissal, the wording should be the same. Familiarize the employee with the order against signature. If the employee refuses to sign the order, make a note of this in it.
- Make a note of dismissal in your work book.
- Give out the salary. For convenience, you can write a calculation note, but this is not necessary.
- Make a note of dismissal on the employee’s personal card, where he must sign.
- Send the SZV-TD report on the same or the next business day after the dismissal order is issued.
Making changes to an order
Amendments and adjustments to an already officially issued order can be made on the basis of another order. In such an order it is necessary to indicate the reason for the changes, it is necessary to indicate the order to which the changes are made, and the consequences of the changes. It is mandatory for the employee to become familiar with such acts.
Adjustments are most often made as a result of:
- changes in current legislation;
- changes in circumstances that are relevant for the execution of the order, for example, changes in the circumstances of place and time;
- changes in the initial personal circumstances of the employee in respect of whom the administrative act is issued.
Thus, amendments are necessary if circumstances or the legal basis have changed, and in its current form the order is irrelevant and does not achieve the goal set when it was drafted.
What documents should be given to an employee on the day of dismissal?
- Paper work book. If the employee does not show up on this day, send him a notice that he needs to pick up the work book or agree to have it sent by mail. This way you won’t be punished for delaying your work book.
- At the request of the employee - certified copies of documents related to work, certificates in forms 2-NDFL, 182-n.
- Payslip - so that the employee knows how his last salary and compensation for unused vacation are calculated.
- Extract from personalized information. To do this, in Elbe go to the employee card → Print.
- STD-R - information about work activity, that is, an extract from the electronic work record book. The extract is issued on paper; it must be certified by the signature of the manager or authorized representative, as well as the seal of the organization (if any). In Elba, STD-R is available on the Employees tab.
Issue all documents against signature, for example, take a receipt from employees for receipt of documents. You must have confirmation that you have complied with the requirements of labor legislation.
