How to properly formalize the dismissal of an employee caring for a child under 14 years of age?

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Some women who have a child under 14 years of age are forced to quit their jobs in order to care for him. And if a daughter or son is seriously ill or has a disability, the mother has no choice but to leave work. In this case, the woman may qualify for certain benefits. Learn more about how to properly resign to care for a child under 14 years old in the video below:

The dismissal of a woman with a child under 14 years of age is carried out according to the same rules as dismissal of her own free will. After the employee writes a letter of resignation, the employer draws up a corresponding order.

Clause 3 of Article 77 of the Labor Code of the Russian Federation prescribes the procedure for dismissing an employee in such a case. The document indicates the timing of the procedure, the need to work out, as well as the payments that are made in this case.

Dismissal rules

If a woman with a child under 14 years of age wants to pay off her job, she goes through the same procedure as an employee who quits voluntarily.

An employee of the enterprise must write a statement of payment on personal initiative with or without work. The document indicates the date it was written and the date until which the employee will perform her work duties.

The application for payment must be submitted two weeks before the planned departure. If the employee holds a temporary or seasonal position, the document can be submitted three days before dismissal. The same rule applies to the probationary period.

This time is needed for the organization to find a new person for the vacant position. It will take some time to complete all the necessary documents. If the resigning employee is an athlete or sports coach, then she must write a statement of payment 30 days before the planned date of departure.

Causes

Current legislation allows you to leave your place of employment in one day.

Situations in which it is possible to perform an action:

• Violation of the rights and freedoms of citizens by the employer. This is a record of gross violations by the company
• Signing an agreement on mutual consent of the parties to certain conditions of dismissal. This is the best way to negotiate with the organization and clarify additional monetary rewards
• On the employee’s own initiative, if there is evidence of a valid reason for leaving

When moving, there is an agreement, as well as violations on the part of the employer, the citizen may not work the allotted time. After the end of the working period, she has the right to receive a final payment and a work book. If there are factors that do not allow working off, the calculation takes place in a short time.

The order is issued on the basis of a resignation letter or an agreement created between the employee and the employer. After familiarization, the employee puts a mark in the form of a signature. The work book reflects the need to care for a minor. There is also a reference to a specific legal act regulating this provision.

Important! It is worth remembering that this category of citizens cannot count on maintaining continuous service. This became impossible after 2007 and the changes made.

Formation of an order

If the organization uses standard forms of documents, the dismissal order is drawn up in the T-8 form. Based on the order, a settlement is made with the employee, and an entry is made in the work book.

In this case, organizations can use other forms of documents that are approved by local acts.

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general information

If a woman has the status of a single mother of a child under 14 years of age, she has the right to receive certain labor benefits. For example, the employer does not have the right to fire her even if there is a reduction. This rule also applies to fathers who are raising a child alone.

Therefore, the employee can resign at her own request or by agreement of the parties. There is no article in the Labor Code of the Russian Federation that regulates the dismissal of a woman to care for a child under 14 years of age. The employee leaves on her own initiative, and she only needs to write a statement.

Many people confuse dismissal to care for a child under 14 years of age and going on maternity leave. The difference is significant: during maternity leave, the employer is obliged to maintain her job, and dismissal implies the complete termination of the employment agreement. Nevertheless, lawyers advise indicating in the application the reason for leaving work.

Dismissal to care for a child under 14 years of age is considered a valid reason. It is also advisable that a corresponding entry be made in the work book. This will not give the woman any special benefits, but it will allow her to register with the employment service faster.

Previously, voluntary dismissal due to caring for a minor child gave the right to maintain seniority. Now this norm is not in effect, since changes were made in 2007. As for other countries, such a reason for dismissal is valid for maintaining seniority. Ukraine, for example, still allows women to maintain continuous work experience when caring for children under 14 years of age.

Registration of a work book

According to clause 5.6 of the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69, if an employment contract is terminated at the employee’s own request, a corresponding entry must be made in the work book indicating this reason.

What does dismissal give?

An employee who quits his job for this reason can count on:

• Receiving social benefits as an unemployed person
• Opportunity to register with the employment service
• Receive free retraining and training while maintaining a certain share of wages

A person who resigns from his position for this reason can count on financial compensation from the employer.

To obtain the exact number of unused vacation days, the manager in such cases takes into account the length of service, the duration of days provided after dismissal, as well as those days that the employee used while leaving work.

The vacation period in this case allows you to calculate the amount of benefits based on the ratio to the days worked. But payments apply only to unused vacation days if the parent decides to quit before the end of the term

Things to remember

Quite often, employers, taking advantage of employees’ incompetence in legal matters, prefer to “forget” about some payments that are due to the resigning employee. First of all, this concerns monetary compensation for vacation days that were not used by the employee. Compensation must be issued on the day of dismissal. The rule applies even when the application was submitted immediately after the vacation!

Unfortunately, there are often cases when calculations are performed incorrectly, naturally, in favor of the employer, so it is recommended to do them yourself in advance.

Those who quit voluntarily, having a child under 3 years of age, are also entitled to benefits from the labor exchange, and here the specified wording (reason) for dismissal is especially important. It is important to remember about its other advantages, in particular, the opportunity to join the stock exchange immediately after dismissal and receive benefits (instead of waiting several months, as in the case of voluntary dismissal), receive social benefits for unemployment, and undergo free training as part of retraining (if This partially saves wages).

The nuances of dismissal

Dismissal largely depends on the age of the child. If he is under 3 years old, then the employee can go on maternity leave (Article 256 of the Labor Code of the Russian Federation). Then she will retain her job, and the manager will be obliged to pay benefits. After the child turns 3 years old, the parties can terminate the employment contract.

The employee will receive a payment and work book, after which she will be able to contact the employment center. If a woman is caring for a disabled child, a medical certificate will be required, and the application should indicate that the child is sick.

Is it possible to transfer the unused part of the vacation to the next year?

On the one hand, Art. 125 of the Labor Code of the Russian Federation, which allows a company, with the consent of a specialist, to return him from vacation ahead of schedule, also establishes that the remaining part of the vacation not taken off due to revocation must be transferred to a future period, and, if necessary, to the next year.

On the other hand, in Art. 263 of the Labor Code of the Russian Federation directly states: transfer additional. Leave related to the employee’s family circumstances is not allowed for the following working years.

Thus, if a company recalled an employee from additional vacation, he can subsequently ask management to give him the opportunity to take the remaining days off, but only within the current working year.

The possibility of such dismissal

According to the Labor Code of the Russian Federation, there are no justifications for which an employee can refuse to work the required 2 weeks from the moment of filing a letter of resignation, except when an agreement has been reached with the employer. In this case, a bilateral agreement is signed in 2 copies by both parties. A copy remains with the employer and employee.

According to clause 3 of Article 77 of the Labor Code of the Russian Federation, the dismissal of an employee for a specified reason is carried out with the relevant entries being entered in the work book: at his own request, as well as for child care. A link to the specified paragraph of the article must be entered.

Important! According to current legislation, an employer does not have the right to unilaterally fire a single mother raising a child under 14 years of age. Therefore, either the procedure is carried out at one’s own request or by mutual agreement.

The contract can also be terminated if its term has come to an end. A fixed-term contract provides for the temporary performance of certain work by an employee. But according to Art. 261, 81 of the Labor Code of the Russian Federation, dismissal is allowed for a specified reason if the employee has committed violations and the employer does not want to dismiss him under the article.

Own desire to break the employment contract

Dismissal after parental leave after 3 years can be formalized at any time. Personal expression of will is sufficient to sever the employment relationship both during parental leave and after its end. If a woman wants to quit while on maternity leave, then she is exempt from two weeks of work, 14 days of which become legal leave, which is subject to compensation.

When quitting after leaving maternity leave, an employee should count on two weeks of work.

What payments are taken into account when calculating compensation?

If a woman does not want to work, or she has no one to leave her child with during this period, she has the right to use vacation days or arrange this period “without pay.” An alternative option is to agree with the employer to sever the employment relationship, referring to the article of the Labor Code regulating dismissal “by agreement of the parties.” In such a situation, termination of labor cooperation can be formalized from any day without the need to work out.

Registration of dismissal for caring for a child under 14 years of age

Proper registration of dismissal allows you to get the most simplified procedure for an employee leaving his position. In this case, it is possible to avoid a number of frictions on both sides.

Required documents

For dismissal in this case, the following documents are required:

• Actually a letter of resignation. It indicates the name of the company, data with the employer's position in the right corner, personal information about the employee (position and full name) and the reason for leaving. At the end there is the date of expected departure (at least two weeks from the date of submission of the application), the date of drawing up the application and signature
• A copy of the child’s birth certificate is attached to the application.
• Order of dismissal from the employer

In this case, the order is drawn up in the standard manner. It indicates that the dismissal is made at the initiative of the employee.

Procedure

To carry out the dismissal procedure you must:

• The employee writes a statement with the appropriate content a couple of weeks before the desired date of dismissal
• Based on the application and all necessary documents, an order to dismiss the employee is issued.
• Next, compensation is paid followed by salary payment.
• The employee picks up the work record with a note about the interruption of work duties

To leave without 2 weeks of work, the employee must justify his situation. There are no such provisions in the Labor Code of the Russian Federation, and therefore you will have to negotiate with the employer.

In this case, confirmation of the fact of the need to urgently leave the position (for example, due to the health of the child or the inability to leave him alone) may be required.

Entry in the work book

An entry in the work book is made accordingly based on the application. At the same time, it is indicated that the employee decided to resign of his own free will, in connection with caring for children or one child on the basis of clause 3 of Article 77 of the Labor Code of the Russian Federation. After this, it is issued along with compensation for unused vacation time.

Is the experience retained?

Until 2007, there was a practice of preserving the seniority of an employee if he left to care for children or a child less than 14 years old. After this, there were no such privileges. Accordingly, the Labor Code of the Russian Federation does not contain grounds of this kind, which also must be taken into account.

You should not count on benefits or compensation from this type of dismissal. This situation has arisen due to abuses on the part of persons who do not belong to low-income families raising children, but at the same time having additional sources of income. Also, such provisions came into force due to the transition to a commercial basis of remuneration.

Rights of parents of minor children to leave

The law guarantees parents and guardians of minors:

• Choosing the time of rest (summer period or other convenient time).
• Additional days off without pay for some categories.
• Weekends due to important family events (September 1, the arrival of a newborn in the family).
• Possibility to book a weekend at the right time.

In case of refusal to provide a rest period, the employer is held accountable for non-compliance with the Labor Code of the Russian Federation and violation of the rights of employees.

Statement

Before you write an application, you need to think about whether you will have to work the established 2 weeks. If you write a resignation letter of your own free will, the employer will force you to work for the required period. But if you specify an important reason, then by law the employee can terminate the contract in connection with caring for a child under 14 years of age without working off. A sample resignation letter can be easily found on the Internet or obtained from the human resources department.

The document is drawn up in simple written form, if the enterprise does not have a specially designed form.

The drafting rules are as follows:

• First, write the header of the application, indicating your personal data and employer data. You will also need to write the name of the organization, position, etc.
• The following is a request for dismissal due to the need to care for a minor child. Example: “I ask you to dismiss me as of June 12, 2021 due to caring for a child under 14 years old.”
• Be sure to write down the exact date of departure. Implies dismissal without working off to care for the baby
• The application ends with the date of preparation and signature

When indicating the reason when you quit to look after a child under fourteen years old, it is better to refer to a regulatory document. In this case, you need to indicate clause 3, article 77 of the Labor Code of the Russian Federation.

An employee’s application for dismissal for caring for a child under 14 years of age, a sample of which can be obtained from a personnel employee, is submitted after a verbal warning from the employer. It is also important to immediately discuss the lack of work.

If the manager forces you to work for 2 weeks, you can agree or challenge his request in court.

If necessary, the employee can withdraw her application and remain in her position, but if the boss has not yet found a replacement for her.

In what cases can an employer dismiss lawfully on his own initiative?

There is no complete legal ban on the dismissal of an employee who has a child under three years of age.

In particular, dismissal is permissible on the grounds specified in Article 81 of the Labor Code of the Russian Federation:

• liquidation of an organization (clause 1 of Article 81 of the Labor Code of the Russian Federation). On this basis, all employees of the organization are subject to dismissal;
• the employee has repeatedly failed to fulfill his job duties (clause 5 of Article 81 of the Labor Code of the Russian Federation), without good reason, if disciplinary measures have already been applied to him (a reprimand or reprimand);
• gross violation by the employee of his labor duties (clause 6 of Article 81 of the Labor Code of the Russian Federation). In this case, a gross violation means each of the following actions: absenteeism, which means the absence of an employee from the workplace for more than 4 hours in a row or throughout the entire day. In this case, the employee must write an explanatory note. Dismissal occurs if there is no valid reason for absenteeism. Being at the workplace in a state of alcohol or other intoxication in the presence of confirmatory results of a medical examination. Disclosure by an employee of information that represents a state or other secret protected at the legislative level. Theft, damage or embezzlement of someone else's property, committed at the place of work and confirmed by a court decision or a resolution of the relevant official. Violation of safety rules, which was established by the labor protection commission and resulted in serious consequences (for example, an industrial accident). Significant violation by the head of the organization or his deputy of his labor duties. Immoral behavior that is incompatible with the position of a teacher or educator. Commitment by an employee servicing material assets of actions that entail the loss of the employer’s trust (clause 7 of Article 81 of the Labor Code of the Russian Federation). Providing false documents when applying for a job.

The dismissal of an employee who has one or more children does not differ significantly from the dismissal of other employees. An exception is dismissal for the purpose of caring for a child under fourteen years of age.

Sick leave

To receive money for sick leave, you should know about some nuances. This is possible if the sick leave was opened no later than 1 month after the employee’s dismissal. Only in this case can she count on paying for it. The period for applying for payment is 6 months after leaving.

The employee must contact her former employer with a passport, certificate and work book. The company management does not have the right to refuse to pay an employee for sick leave if no violations were found.

Help: if a refusal is nevertheless received, the woman can file a complaint with the labor inspectorate or court.

Unemployment benefit

Since it is assumed that after the termination of the employment contract for such a reason, the woman will not find a job in the near future, she needs to register with the employment service. This will allow you to receive benefits, but there will be no benefits for a valid reason (dismissal of a person to care for a child).

Until 2009, there was a legal provision that allowed people who quit for good reason to calculate benefits as a percentage of their average earnings. And everyone else could only count on a minimum benefit. Now the rights of workers have been equalized, thanks to which, regardless of the reason for leaving, they are paid a minimum benefit.

Dismissal to care for a child under 14 years of age in 2021 is carried out according to the established procedure. The employee writes a statement indicating the reason for leaving and waits for the paperwork to be completed. If necessary, you can work for 2 weeks (if the position involves a long procedure for transferring cases). After this, no later than 2 weeks, she needs to contact the employment center to apply for benefits.

Work before dismissal

Can I quit my job without working? (I have a child under 14 years old)

Good afternoon. You must give your employer 14 days' notice of your intention to resign. It is not necessary to work at this time, but you can, for example, go on vacation and quit on the last day of vacation, or on sick leave, but you simply cannot not come, otherwise you will be fired for absenteeism.

Or you can ask the employer to fire you by agreement of the parties on the day specified by you, he may agree.

According to Article 80 of the Labor Code of the Russian Federation, the Employee has the right to terminate the employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. (as amended by Federal Law No. 90-FZ of June 30, 2006) By agreement between the employee and the employer, the employment contract can be terminated before the expiration of the notice period for dismissal.

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

In your situation, you can ask for dismissal without work, but the employer will decide the issue of dismissal without work.

Your case (caring for a child under 14 years of age) falls under Part 3 of Article 80 of the Labor Code of the Russian Federation, because There is no exhaustive list of valid grounds for termination of an employment contract at the initiative of an employee in legislation and other regulatory legal acts.

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

Do I need to comply with the notice period or can I quit immediately?

Termination to raise children does not provide any benefits. The application must be submitted two weeks from the planned date of care. This period is necessary for the transfer of cases and the employer’s search for a replacement. However, the mother of a disabled child may leave without observing the notice period. This is directly provided for in Article 84.1 of the Labor Code of the Russian Federation.

In addition, by agreement with management, any employee can leave without working time. There are no restrictions in this matter.

What circumstances force you to work?

As the Labor Code indicates, a person who wants to resign of his own free will must work for a set period, namely 14 days, so that the manager has the opportunity to find a new employee during this time. To do this, he will need to write a letter of resignation and submit it to the employer for review later than two weeks in advance. However, if the director does not need this person for work, he may allow him to leave work without this.

Workout is not mandatory unless management requires it.

14 days is the minimum established period; it may be a month or less at the initiative of the director of the organization or due to appropriate circumstances.

For these groups of people, the duration of work is three days:

• Workers on probation
• Seasonal workers
• Citizens with a time-limited employment contract

In the event that an employee, while on paid leave or sick leave, expresses a desire to leave his place of work, his work will already be credited. Only he must notify his superiors about this no longer than 2 weeks before the end of the vacation.

Also, working off may not be mandatory if the employee and his director mutually agree on dismissal and draw up a written agreement. It must indicate the date of leaving the place of work, and the process of working off in this case is excluded.

If a working citizen, wanting to cancel the employment contract of his own free will, does not want to work for the established period, then he is obliged to make this request to the manager. Only on the basis of a written statement (resolution) signed by the authorities, it is possible to legally exclude the work. If you don’t work out what will be spelled out in Article 80 of the Labor Code of Russia. Paragraph 3 of the commentary to the article says that refusal to work off work is considered a violation of work order and can lead to dismissal for absenteeism.

When an employee has the right not to work

Two-week work can be ignored by an employee if:

• The manager has violated any of the provisions of the current legislation and there is documented evidence of this
• The worker is forced to leave his place of work due to current circumstances

The current legislation of 2021 includes the following circumstances forcing resignation:

• Retirement on state support due to old age. A pensioner is not required by law to work a 14-day period after dismissal
• Enrollment in an educational institution
• Conscription for military service in the state army
• If there is a child who has not reached maturity
• Pregnancy when a woman cannot continue to work due to her condition
• Moving, even if it is under the pretext of changing the spouse’s place of residence

If the question arises, do I have the right to quit without working for two weeks, the answer will be in the affirmative if you belong to the above categories of citizens.

In such cases, you don’t have to go to work, starting from the next day after submitting your application. However, the employee will need to provide evidence in the form of official documents. This could be a certificate from an educational institution, documents for a pension, a child’s birth certificate proving his young age, a medical certificate, etc.

If a person does not belong to these categories, but still does not want to work, he can negotiate this with his superiors or apply for leave during vacation time.

Leaving work by mutual agreement of both parties does not require work and provides the opportunity to leave at any desired time.

When leaving a place of work, regardless of whether there was work done or not, the employer must, on the day of leaving:

• Give the employee a salary for the period worked
• Pay for vacation if it has not yet been used
• Provide compensation if this is regulated by the contract