Grounds for termination of an employment contract under Art. 77 Labor Code of the Russian Federation

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Dismissal at the initiative of the employee is the most common and safest way to part with an employee. Most employers choose this option. But even on this basis for dismissal, controversial situations are possible. Read more about this in the article by our expert Anastasia Chekmareva.

Even if the work record book says “dismissal at his own request,” the employee may claim that he was forced to write a statement. Or the employer may make a mistake in completing the documents. How can this threaten the employer? Labor disputes with the employee and fines for violation of labor laws are possible. To prevent this from happening, let’s consider what to consider when dismissing an employee under clause 3, part 1, art. 77 Labor Code of the Russian Federation.

The basic rule that cannot be violated when dismissing on the initiative of an employee is that an employment contract can be terminated only if the employee submits an application voluntarily. This is confirmed by the explanations of the Supreme Court, for example: paragraph 14 of the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 2 (2021).

The law does not contain special criteria by which compulsion to dismiss can be established. This may include pressure on the employee, threats, or even physical harm. In the event of a trial, the employee must prove that the employer forced him to write a letter of resignation of his own free will (Part 1 of Article 56 of the Code of Civil Procedure of the Russian Federation, paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2).

How do employees prove that they were forced to quit? Let's look at examples from judicial practice.

The wording in the application can serve as evidence of coercion. Let us turn to the Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 04/05/2021 N 5-KGPR20-165-K2.

The employee had a conflict with the employer. In a nervous state, he immediately wrote a letter of resignation of his own free will: “I ask you to dismiss me of my own free will due to a violation of my labor rights by management.” The employee was fired, but later he came to his senses and went to court. He claimed that it was his employer who forced him to write a statement. He also demanded that he be reinstated at work, that the employer recover his average earnings for the period of forced absence, compensation for moral damages, and legal expenses.

The courts of first instance, appeal and cassation sided with the employer. The employee wrote the statement voluntarily and did not withdraw it. The reasons for which the statement was written do not affect the legality of the dismissal. But the Supreme Court did not agree with the lower courts, pointing out that the wording in the statement indicates coercion - the employer forced the employee to write a statement. The case has been sent back for retrial.

Another dangerous wording in a letter of dismissal at the initiative of an employee can be seen in the Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 02/01/2021 N 14-КГ20-14-К1.

The kindergarten employee formulated her resignation letter as follows: “I ask you to dismiss me from my position at my own request due to the psychological pressure exerted on me by the kindergarten administration, the creation of a conflict situation regarding my appeals to the labor dispute inspectorate, the cruel treatment of my son attending this educational institution.”

The Supreme Court recognized the employee’s argument that she did not want to quit her job as justified. From the contents of the resignation letter it follows that it was given involuntarily so that the management of the organization would stop putting psychological pressure on her.

If it does not follow from the wording that the employee wrote the statement under compulsion and at the same time he provided it to the employer and did not withdraw it before the date of dismissal, then the courts most often side with the employer. One example of a court decision in favor of the employer: Determination of the Eighth Court of Cassation of General Jurisdiction dated January 14, 2020 N 88-1748/2020

In practice, there are situations when, in order to avoid dismissal on compromising grounds (disciplinary action, unsatisfactory test results, etc.), employees write a statement of their own free will. According to the courts, this does not indicate coercion to dismiss. Let's consider the Ruling of the Seventh Court of Cassation of General Jurisdiction dated May 19, 2020 in case No. 88-8418/2020.

The employee was fired at her own request. But after the dismissal, she went to court demanding that the dismissal be declared illegal. The woman explained that she wrote the statement to avoid dismissal for an unsatisfactory test result. The courts supported the employer: filing a resignation letter of one’s own free will in order to avoid dismissal for another reason does not mean coercion.

Why is Article 77 of the Labor Code of the Russian Federation needed?

Article 77 of the Labor Code of the Russian Federation, in fact, is a single list of the most common grounds for dismissal. The features of a particular basis are discussed in separate articles of the code.

A link to Article 77 of the Labor Code of the Russian Federation is usually indicated in the entry made in connection with the dismissal in the work book. An exception to this rule is the grounds specified in paragraph 4 and paragraph 10 of this article, which have a reference either to different articles of the Labor Code of the Russian Federation, or to those articles of this document that contain their own (detailed) lists of grounds. To correctly indicate the reason for dismissal, it must be selected from the appropriate detailed list, and then a link may appear in the work book:

• at the station 71 of the Labor Code of the Russian Federation (employer’s initiative based on the results of the probationary period);
• paragraphs of Art. 81 (employer's initiative), 83 (circumstances not related to the will of the parties) or 84 (violation of the rules for concluding an employment agreement) of the Labor Code of the Russian Federation.

In all other cases, the reason for dismissal can be clearly indicated by reference to one of the paragraphs of Art. 77 of the Labor Code of the Russian Federation with clarification of the wording of the basis, if the paragraph of this article lists several options (for example, dismissal due to transfer can be caused by both a change of employer and a transition to work in an elective position).

For more information about dismissal caused by the employer’s initiative, read the article “Procedure for dismissal of an employee on the employer’s initiative” :

Changes to Article 77 of the Labor Code of the Russian Federation

From 04/02/2014 (RF Law of 04/02/2014 No. 55-FZ “On Amendments...”) in Art. 77 of the Labor Code of the Russian Federation, changes were made that affected the text of paragraph 6. They consisted of adding to the grounds specified in this paragraph (the employee’s reluctance to continue working when there is a change of owner, a change in the subordination of the employer or its reorganization), one more: a change in the type of state or municipal institution .

At the same time, the text of Art. was clarified (also by adding a reference to a change in the type of state or municipal institution). 75 of the Labor Code of the Russian Federation, indicating that the employer does not have the right to initiate termination of the contract with employees when the employer’s subordination changes or during its reorganization. Dismissal in such a situation can only occur if there is a refusal by the employee to continue working in the changed circumstances.

What is remarkable about dismissal by agreement of the parties (clause 1 of Article 77 of the Labor Code of the Russian Federation)?

Paragraph 1 of Article 77 of the Labor Code of the Russian Federation refers to Art. 78 of the Labor Code of the Russian Federation, which adds only one detail to the specified grounds for dismissal: by agreement of the parties, the contract can be terminated at any time.

Meanwhile, such a dismissal has a number of other points that distinguish it from a dismissal caused by the employee’s initiative:

• It presupposes the existence of mutual consent of the parties (and any of them can become the initiator), while the dismissal of an employee on his own initiative can only occur by his will, regardless of the consent or disagreement of the employer.
• The agreement of the parties to terminate the contract does not have a set form and can be drawn up either as a bilateral document or as an application from the employee with a corresponding request.
• The agreement may provide for the payment of monetary compensation associated with such dismissal. Moreover, this will be a completely independent type of payment. The employee will be entitled to severance pay only when it is expressly provided for in internal regulations or in the text of the employment contract in the event of dismissal for such a reason.
• An employee will no longer be able to change his mind about resigning unilaterally. To renew labor relations, a mutual agreement on this will also be required (clause 20 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2).

Read about the specifics of taxation of payments upon termination of a contract in the material “Tax consequences of dismissal payments” .

Why can you get fired?

Another reason for dismissal is a one-time gross violation of labor duties by an employee (clause 6 of part 1 of Article 81 of the Labor Code of the Russian Federation). If an employee commits any of the following offenses, he may be terminated without delay. So, we are talking about:

• truancy;
• appearing at work (at his workplace or on the territory of an organization or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, narcotic or other toxic intoxication;
• disclosure of secrets protected by law (state, commercial, official and other);
• committing theft (including small) property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;
• violation of labor safety requirements by an employee established by the commission or the labor protection commissioner, if it entailed serious consequences, for example, an accident, or knowingly created a real threat of such consequences.

What should you remember when dismissing at the end of the contract (clause 2 of article 77 of the Labor Code of the Russian Federation)?

• An agreement concluded for a period must satisfy a number of requirements, if not met, it can be reclassified as unlimited (Article 58 of the Labor Code of the Russian Federation).
• It is issued only in a number of specific cases specified in the Labor Code of the Russian Federation (Article 59), and this reason is given in its text (Article 57 of the Labor Code of the Russian Federation).
• Its validity period is no more than 5 years, and it is fixed in the text (Article 58 of the Labor Code of the Russian Federation).

A contract that satisfies the above requirements ends:

• Within the period specified in its text (clause 2 of Article 77 of the Labor Code of the Russian Federation), and the employee must be notified about this in writing at least 3 calendar days in advance (Article 79 of the Labor Code of the Russian Federation), if the contract was not drawn up in connection with the replacement of an absent employee.
• When an event occurs to which the period specified in the contract is attached (Article 79 of the Labor Code of the Russian Federation): when the replaced employee returns to work, the end of the season or the performance of the agreed work.

If a person continues to work after the expiration of the fixed-term contract, the contract will be considered unlimited (Article 58 of the Labor Code of the Russian Federation).

Special situations may arise in relation to a contract concluded with a pregnant woman, the validity of which ends during pregnancy (Article 261 of the Labor Code of the Russian Federation):

• At the request of the woman, it is extended until the end of this period.
• If continuation of work during which pregnancy occurred is impossible due to this condition, and the employer does not have other suitable work or the woman does not agree to it, then the contract will be terminated during pregnancy.

Other reasons for termination of a fixed-term contract may also include any other grounds given in Art. 77 of the Labor Code of the Russian Federation.

Rules of user conduct on the site

Article 71 of the Labor Code of the Russian Federation:

If the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiration of the test period by warning him in writing no later than three days in advance, indicating the reasons that served as the basis for recognizing this employee as having failed the test. The employee has the right to appeal the employer's decision in court.

If the test result is unsatisfactory, the employment contract is terminated without taking into account the opinion of the relevant trade union body and without payment of severance pay.

If the probation period has expired and the employee continues to work, then he is considered to have passed the test and subsequent termination of the employment contract is allowed only on a general basis.

If during the probationary period the employee comes to the conclusion that the job offered to him is not suitable for him, then he has the right to terminate the employment contract at his own request by notifying the employer in writing three days in advance.

Article 79 of the Labor Code of the Russian Federation:

A fixed-term employment contract is terminated upon expiration of its validity period. The employee must be notified in writing of the termination of the employment contract due to its expiration at least three calendar days before dismissal, with the exception of cases where a fixed-term employment contract concluded for the duration of the duties of the absent employee expires.

An employment contract concluded for the duration of a specific work is terminated upon completion of this work.

An employment contract concluded for the duration of the duties of an absent employee is terminated when this employee returns to work.

An employment contract concluded to perform seasonal work during a certain period (season) is terminated at the end of this period (season).

Part 5 of Article 80 of the Labor Code of the Russian Federation:

An employee has the right to terminate an 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.

By agreement between the employee and the employer, the employment contract can be terminated even 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.

Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with this Code and other federal laws, cannot be denied an employment contract.

Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book or provide information about work activity (Article 66.1 of this Code) with this employer, issue other documents related to the work, upon the written application of the employee, and make a final settlement with him.

If, upon expiration of the notice period for dismissal, the employment contract has not been terminated and the employee does not insist on dismissal, then the employment contract continues.

Article 81 of the Labor Code of the Russian Federation:

An employment contract can be terminated by the employer in the following cases:

1) liquidation of an organization or termination of activities by an individual entrepreneur;

2) reduction in the number or staff of employees of an organization or individual entrepreneur;

3) the employee’s inconsistency with the position held or the work performed due to insufficient qualifications confirmed by certification results;

7) commission of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him by the employer;

the commission by an employee performing educational functions of an immoral offense incompatible with the continuation of this work;

The procedure for certification (clause 3 of part one of this article) is established by labor legislation and other regulatory legal acts containing labor law norms, local regulations adopted taking into account the opinion of the representative body of workers.

Dismissal on the grounds provided for in paragraph 2 or 3 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

In the event of termination of the activities of a branch, representative office or other separate structural unit of an organization located in another locality, termination of employment contracts with employees of this unit is carried out according to the rules provided for cases of liquidation of the organization.

Dismissal of an employee on the grounds provided for in paragraph 7 or 8 of part one of this article, in cases where guilty actions giving grounds for loss of confidence, or, accordingly, an immoral offense were committed by the employee outside the place of work or at the place of work, but not in connection with the performance of his labor duties, is not allowed later than one year from the date of discovery of the misconduct by the employer.

It is not allowed to dismiss an employee at the initiative of the employer (except in the case of liquidation of an organization or termination of activities by an individual entrepreneur) during the period of his temporary incapacity for work and while on vacation.

Article 82 of the Labor Code of the Russian Federation:

When making a decision to reduce the number or staff of employees of an organization, individual entrepreneur and the possible termination of employment contracts with employees in accordance with paragraph 2 of part one of Article 81 of this Code, the employer is obliged to notify the elected body of the primary trade union organization in writing about this no later than two months in advance before the start of the relevant activities, and if the decision to reduce the number or staff of employees may lead to mass layoffs of workers - no later than three months before the start of the relevant activities. The criteria for mass dismissal are determined in sectoral and (or) territorial agreements.

Dismissal of employees who are members of a trade union on the grounds provided for in paragraphs 2, 3 or 5 of part one of Article 81 of this Code is carried out taking into account the reasoned opinion of the elected body of the primary trade union organization in accordance with Article 373 of this Code.

When conducting certification, which may serve as a basis for dismissal of employees in accordance with paragraph 3 of part one of Article 81 of this Code, a representative of the elected body of the relevant primary trade union organization must be included in the certification commission.

A collective agreement may establish a different procedure for the mandatory participation of the elected body of the primary trade union organization in the consideration of issues related to the termination of an employment contract at the initiative of the employer.

Parts 2-4 of Article 127 of the Labor Code of the Russian Federation:

Upon written request from the employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

Upon dismissal due to the expiration of the employment contract, leave with subsequent dismissal may be granted even when the vacation time completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.

When granting leave with subsequent dismissal upon termination of the employment contract at the initiative of the employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by transfer.

Article 180 of the Labor Code of the Russian Federation:

When carrying out measures to reduce the number or staff of an organization's employees, the employer is obliged to offer the employee another available job (vacant position) in accordance with part three of Article 81 of this Code.

Employees are warned by the employer personally and against signature at least two months before dismissal about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees.

The employer, with the written consent of the employee, has the right to terminate the employment contract with him before the expiration of the period specified in part two of this article, paying him additional compensation in the amount of the employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal.

If there is a threat of mass layoffs, the employer, taking into account the opinion of the elected body of the primary trade union organization, takes the necessary measures provided for by this Code, other federal laws, a collective agreement, and an agreement.

Article 269 of the Labor Code of the Russian Federation:

Termination of an employment contract with employees under the age of eighteen at the initiative of the employer (except for the case of liquidation of the organization or termination of activities by an individual entrepreneur), in addition to compliance with the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission for minors’ affairs and the protection of their rights.

Article 280 of the Labor Code of the Russian Federation:

The head of the organization has the right to terminate the employment contract early by notifying the employer (the owner of the organization's property, his representative) in writing no later than one month in advance.

Parts 1 and 2 of Article 292 of the Labor Code of the Russian Federation:

An employee who has entered into an employment contract for a period of up to two months is obliged to notify the employer in writing three calendar days in advance of the early termination of the employment contract.

The employer is obliged to warn an employee who has entered into an employment contract for a period of up to two months about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of employees in writing, against signature, at least three calendar days in advance.

Parts 1 and 2 of Article 296 of the Labor Code of the Russian Federation:

An employee engaged in seasonal work is required to notify the employer in writing of the early termination of the employment contract three calendar days in advance.

The employer is obliged to warn an employee engaged in seasonal work about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees in writing against signature at least seven calendar days in advance.

Parts 1-3 of Article 307 of the Labor Code of the Russian Federation:

In addition to the grounds provided for by this Code, an employment contract with an employee working for an employer who is an individual may be terminated on the grounds provided for in the employment contract.

The notice period for dismissal, as well as the cases and amounts of severance pay and other compensation payments paid upon termination of the employment contract are determined by the employment contract.

An employer - an individual who is not an individual entrepreneur, upon termination of an employment contract with an employee, is obliged to register the fact of termination of the said contract with the local government body in which this employment contract was registered through a notification procedure.

Article 327.6 of the Labor Code of the Russian Federation:

Along with the grounds provided for by this Code, the basis for termination of an employment contract with an employee who is a foreign citizen or stateless person is:

5) expiration of the validity period of a work permit or patent, with the exception of cases established by federal laws or international treaties of the Russian Federation, in relation to a foreign citizen or stateless person temporarily staying in the Russian Federation;

6) expiration of the validity period of a temporary residence permit in the Russian Federation, with the exception of cases established by federal laws or international treaties of the Russian Federation, in relation to a foreign citizen or stateless person temporarily residing in the Russian Federation;

7) expiration of the validity period of a residence permit in the Russian Federation, with the exception of cases established by federal laws or international treaties of the Russian Federation, in relation to a foreign citizen or stateless person permanently residing in the Russian Federation;

expiration of a voluntary medical insurance agreement (policy) on the territory of the Russian Federation or termination of an agreement concluded by an employer with a medical organization on the provision of paid medical services to an employee who is a foreign citizen or stateless person, which ensures the provision of primary health care and specialized care to such an employee emergency medical care, with the exception of cases established by federal laws or international treaties of the Russian Federation, in relation to a foreign citizen or stateless person temporarily staying in the Russian Federation;

9) bringing the number of employees who are foreign citizens and stateless persons into compliance with established federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, restrictions on the performance of labor activities by foreign citizens and stateless persons;

10) the impossibility of providing the employee with his previous job after the end of the temporary transfer period in accordance with part two of Article 327.4 of this Code;

11) impossibility of temporary transfer of an employee in accordance with part three of Article 327.4 of this Code.

The employment contract is subject to termination on the grounds provided for in paragraphs 5 - 8 of part one of this article after one month from the date of occurrence of the relevant circumstances.

On the basis provided for in paragraph 9 of part one of this article, the employment contract is terminated no later than the end of the period established by the relevant federal laws, decrees of the President of the Russian Federation, and decrees of the Government of the Russian Federation.

An employee who is a foreign citizen or stateless person must be notified in writing by the employer at least three calendar days before dismissal of the termination of an employment contract on the grounds provided for in paragraphs 10 and 11 of part one of this article.

Parts 1-2 of Article 348.12 of the Labor Code of the Russian Federation:

An athlete or coach has the right to terminate an employment contract on their own initiative (at their own request) by notifying the employer in writing no later than one month in advance, except in cases where the employment contract was concluded for a period of less than four months.

Employment contracts with certain categories of athletes and coaches may provide for conditions on the obligation of athletes and coaches to warn employers about the termination of employment contracts on their initiative (at their own request) within a period exceeding one month, if the norms approved by all-Russian sports federations for the relevant type or sports, for these categories of athletes and coaches, restrictions on transfer (conditions for transfer) to other sports clubs or other physical education and sports organizations are established, providing for notice periods for transfer exceeding one month. The duration of the notice period for terminating an employment contract at will is determined by the parties to the employment contract in accordance with the standards approved by all-Russian sports federations for the relevant sport or sports.

Article 373 of the Labor Code of the Russian Federation:

When making a decision on the possible termination of an employment contract in accordance with paragraphs 2, 3 or 5 of part one of Article 81 of this Code with an employee who is a member of a trade union, the employer sends to the elected body of the relevant primary trade union organization a draft order, as well as copies of documents that are the basis to make this decision.

The elected body of the primary trade union organization, within seven working days from the date of receipt of the draft order and copies of documents, considers this issue and sends its reasoned opinion to the employer in writing. An opinion not submitted within seven days will not be taken into account by the employer.

If the elected body of the primary trade union organization disagrees with the proposed decision of the employer, it holds additional consultations with the employer or its representative within three working days, the results of which are documented in a protocol. If general agreement is not reached as a result of consultations, the employer, after ten working days from the date of sending the draft order and copies of documents to the elected body of the primary trade union organization, has the right to make a final decision, which can be appealed to the relevant state labor inspectorate. The State Labor Inspectorate, within ten days from the date of receipt of the complaint (application), considers the issue of dismissal and, if it is recognized as illegal, issues the employer a binding order to reinstate the employee at work with payment for forced absence.

Compliance with the above procedure does not deprive the employee or the elected body of the primary trade union organization representing his interests of the right to appeal dismissal directly to the court, or the employer to appeal to the court the order of the state labor inspectorate.

The employer has the right to terminate the employment contract no later than one month from the date of receipt of the reasoned opinion of the elected body of the primary trade union organization. During the specified period, periods of temporary incapacity for work of the employee, his stay on vacation and other periods of absence of the employee when he retains his place of work (position) are not counted.

Clause 2 of Article 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 “On employment in the Russian Federation”:

2. When making a decision on liquidation of an organization or termination of activities by an individual entrepreneur, reduction in the number or staff of employees of an organization, individual entrepreneur and possible termination of employment contracts, the employer-organization no later than two months, and the employer-individual entrepreneur no later than two weeks before the beginning of the relevant activities are obliged to notify the employment service authorities in writing, indicating the position, profession, specialty and qualification requirements for them, the terms of payment for each specific employee, and if the decision to reduce the number or staff of the organization’s employees may lead to to the mass dismissal of workers - no later than three months before the start of the relevant activities.

Clauses 1, 2, 4, 5 of the Regulations on the organization of work to promote employment in conditions of mass layoffs, approved. Decree of the Government of the Russian Federation dated 02/05/1993 N 99 “On the organization of work to promote employment in conditions of mass layoffs”:

1. The main criteria for mass layoffs are the indicators of the number of workers being dismissed due to the liquidation of enterprises, institutions, organizations <*> or a reduction in the number or staff of workers for a certain calendar period.

These include:

a) liquidation of an enterprise of any organizational and legal form with 15 or more employees;

b) reduction in the number or staff of employees of the enterprise in the amount of:

50 or more people within 30 calendar days;

200 or more people within 60 calendar days;

500 or more people within 90 calendar days;

c) dismissal of workers in the amount of 1 percent of the total number of employees in connection with the liquidation of enterprises or reduction of numbers or staff within 30 calendar days in regions with a total number of employees of less than 5 thousand people.

2. Depending on the territorial and sectoral characteristics of economic development and the level of unemployment in the region, other criteria for assessing mass layoffs may be established to enhance the social protection of workers, determined by government bodies of the republics within the Russian Federation, territories, regions, autonomous entities, cities and districts

4. Employers promptly, no less than three months in advance, submit to the state employment service authorities

and the relevant trade union bodies information on possible mass layoffs in the form according to Appendix No. 1.

5. Employers are required to notify the employment service authorities no later than two months in advance of information about the upcoming release of each specific employee in the form according to Appendix No. 2.

Article 83 of the Labor Code of the Russian Federation:

The employment contract is subject to termination due to the following circumstances beyond the control of the parties:

2) reinstatement of an employee who previously performed this work, by decision of the state labor inspectorate or court;

disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract;

9) expiration, suspension of validity for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, right to carry a weapon, other special right) in accordance with federal laws and other regulatory legal acts of the Russian Federation, if this entails the impossibility of the employee fulfilling his duties under the employment contract;

10) termination of access to state secrets if the work performed requires such access;

13) the occurrence of restrictions on engaging in certain types of labor activity established by this Code, other federal law and excluding the possibility of an employee fulfilling his duties under an employment contract.

Termination of an employment contract on the grounds provided for in paragraphs 2,8,9, 10 or 13 of part one of this article is permitted if it is impossible to transfer the employee with his written consent to another job available to the employer (either a vacant position or a job that corresponds to the employee’s qualifications, or and a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

Article 84 of the Labor Code of the Russian Federation:

An employment contract is terminated due to a violation of the rules for its conclusion established by this Code or other federal law (clause 11 of part one of Article 77 of this Code), if violation of these rules excludes the possibility of continuing work, in the following cases:

conclusion of an employment contract in violation of a court verdict depriving a specific person of the right to occupy certain positions or engage in certain activities;

concluding an employment contract to perform work that is contraindicated for this employee for health reasons in accordance with a medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation;

lack of an appropriate document on education and (or) qualifications, if the work requires special knowledge in accordance with federal law or other regulatory legal acts;

concluding an employment contract in violation of a resolution of a judge, body, official authorized to consider cases of administrative offenses, disqualification or other administrative punishment that precludes the possibility of an employee fulfilling duties under an employment contract, or concluding an employment contract in violation of the restrictions, prohibitions and requirements established by federal laws relating to the involvement in labor activities of citizens dismissed from state or municipal service;

concluding an employment contract in violation of the restrictions on engaging in certain types of labor activity established by this Code or other federal law;

in other cases provided for by federal laws.

In the cases provided for in part one of this article, the employment contract is terminated if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job) which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract.

If a violation of the rules for concluding an employment contract established by this Code or other federal law is not due to the fault of the employee, then the employee is paid severance pay in the amount of average monthly earnings. If a violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job, and severance pay is not paid to the employee.

Part 7 of Article 38 of the Federal Law of 05/08/1994 N 3-FZ “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation”:

7. The administration of the organization is obliged to dismiss an employee who has expressed a desire to go to work as an assistant to a member of the Federation Council, deputy of the State Duma, in the order of transfer within the period specified in his application and in the submission of the member of the Federation Council, deputy of the State Duma.

Paragraph 4 of Article 25 of the Federal Law of January 12, 1996 N 10-FZ “On trade unions, their rights and guarantees of activity”:

4. Bringing to disciplinary liability the representatives of the trade union for labor protection and representatives of the trade union in the joint committees (commissions) on labor protection created in the organization, their transfer to another job or dismissal at the initiative of the employer is allowed only with the prior consent of the trade union body in the primary trade union organization.
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What are the rules for dismissal at the initiative of an employee (clause 3 of Article 77 of the Labor Code of the Russian Federation)?

Regarding the rules for dismissing an employee on his own initiative, clause 3 of Art. 77 of the Labor Code of the Russian Federation refers to Art. 80 Labor Code of the Russian Federation:

• 2 weeks before the date of dismissal, the employee submits a statement of his intention. The 2-week period begins on the day following the day of filing and ends on the day of dismissal.
• During the 2-week work period, the employee can change his mind and either withdraw his application, or (if the contract with him is not terminated) continue working after the last day of the notice period for dismissal. This rule becomes ineffective when an employee who cannot be denied (Article 64 of the Labor Code of the Russian Federation) employment (a pregnant woman or an employee arriving on transfer) has already been invited in writing to replace the person who submitted the application.
• A person who has not changed his mind about quitting has the right to stop working from the day following the last day of the notice period of his intention. His last working day is the day of his dismissal. On this day, the employer must pay him all the money due for the time of work that has not been paid by this day (salary and compensation for untaken vacation), and issue all the necessary documents (work book, salary certificate for sick leave).

The 2-week period can be changed in the following cases:

• by agreement of the parties;
• if it is impossible to continue the work;
• if the reason for dismissal was the employer’s violation of labor laws;
• when the Labor Code of the Russian Federation establishes a different period:
• Art. 71 (test) - 3 calendar days;
• Art. 280 (for a manager) - 1 month;
• Art. 292 (short fixed-term employment contract) - 3 calendar days;
• Art. 296 (for a seasonal worker) - 3 calendar days;
• Art. 307 (for an employee of an individual employer) - according to the terms included in the employment contract;
• Art. 348.12 (for an athlete or coach) - 1 month.

About the rules for drawing up a resignation letter on your own initiative, read the article “How to write a resignation letter correctly - sample?” .

Procedure in case the employer is against dismissal

There are situations when, due to a shortage of personnel or for some objective or subjective reasons, management does not agree with the resignation of an employee, preventing his attempts to submit an application. Such behavior by the employer is, of course, unlawful, but the employee may be confused, not understanding how to get out of this situation. Article 77 paragraph 3 of the Labor Code of the Russian Federation gives any employee the right to resign at will. No motives of the employer should influence the will of the citizen. It is necessary to formalize the dismissal correctly in accordance with the Labor Code of the Russian Federation, and then no actions (inaction) of the employer will allow the employee to stay at the place of work longer than necessary. This is the algorithm for an employee’s behavior if the employer interferes with his dismissal by rejecting the application. First, you need to send your resignation letter in such a way that the manager cannot avoid receiving it and certifying such receipt. This can be done in three ways, the features of each of which should be mentioned separately.

• The first method: to endorse the application at the secretariat or office of the organization, or another department that registers correspondence. It is important to keep a copy of the resignation letter, which should include the document number. There must also be the date, surname, initials, signature and position of the office employee who accepted this application. This method is the simplest for ordinary dismissal, and the most difficult if the employee is faced with obstacles when changing jobs.
• The second way: use postal delivery. You can send your resignation letter by registered mail or a letter with a declared value and an inventory of the attachment. Sending correspondence by mail must be registered, and the citizen also receives a receipt confirming the sending. In addition, you can send a letter with acknowledgment of receipt in order to know exactly when the employer received the application in hand and to have documentary evidence of this. The only nuance you need to know when sending an application by mail is that the manager will be officially notified of dismissal only the next day after receiving the letter. The two weeks that must be worked before dismissal will begin to be calculated only from the specified period. Therefore, when indicating the date of dismissal in the application, you must first check with the post office the date of delivery of the registered letter.
• Third way: send a telegram. This option is also possible, and, as you know, the delivery time for telegrams is much shorter than the delivery time for a letter. An urgent telegram is delivered in 4 hours, an ordinary telegram in 8 hours. The telegram must contain the full text of the statement. It is also advisable to obtain a copy of it for yourself with a shipping mark, date and seal.

Secondly, after sending the application using one of the indicated methods, it is necessary to continue working as before until the date written in the application, without disrupting work. discipline. On the last day of work, the manager is obliged to hand over the work book and make a cash payment. Afterwards, the employee may not go to work. If the manager refuses to hand over the work book and does not pay the employee, then he does not comply with the dismissal procedure established by law. Thus, he violates the employee’s right to voluntary dismissal, established in Article 77 p3 of the Labor Code of the Russian Federation. An employee can always appeal against actions or inactions of management if he believes that his rights have been violated. There is no reason in the law for an employer to refuse to resign an employee on his own. For refusal to accept an application (if the employee manages to prove the intentionality of the actions and the fact of the refusal itself), as well as for any violation of the law by establishing obstacles to the dismissal of an employee, a fine is provided (Article 5.27 of the Administrative Code). The employee has the right to submit:

• application to the workers' union;
• complaint to the Federal labor and employment service;
• a complaint to the prosecutor's office;
• lawsuit.

So, if the manager does not want the employee to quit and tries to prevent him from leaving the organization without accepting a resignation letter, competent actions will help the employee exercise his right (Article 77 p. 3 of the Labor Code of the Russian Federation) and resign on time. If the dismissal was not formalized within the required period, then in court you can recover moral damages from the employer, as well as oblige him to cover the expenses that resulted from the delay in dismissal. If the manager does not issue a work book, through the court you can recover an amount equal to the average earnings for each day of delay in issuance.

How to fire an employee due to a transfer (clause 5 of Article 77 of the Labor Code of the Russian Federation)?

Dismissal due to transfer differs from dismissal on one’s own initiative in just a few things:

• Availability of a written invitation from another employer indicating the start date of future work and the position of the invitee or an act of election to an elective position that involves release from the main job.
• Indication of the appropriate reason in the text of the employee’s application.
• Sending by the employer, in response to the invitation, a letter confirming consent to the transfer.
• It is impossible for an employee to withdraw a statement containing such a reason, since it is essentially identical to that reached as a result of an agreement between the parties.
• The text of the entry in the work book. In this case, the reason for the transfer (to a new employer or to an elective position) will require a link to it in the text of the entry.
• Impossibility for a new employer to refuse employment within 1 month after dismissal (Article 64 of the Labor Code of the Russian Federation).
• It is impossible to establish a probationary period for a transferred employee in a new place (Article 70 of the Labor Code of the Russian Federation).

What distinguishes dismissal when the terms of the employment contract change (clause 7, article 77 of the Labor Code of the Russian Federation)?

Such dismissal occurs when the employer intends to change some of the basic terms of the employment agreement, and the employee is not satisfied with this. In this procedure, the sequence of actions and adherence to established deadlines are important:

• Notification of changes must be made in writing and in advance:
• for 2 months by an employer-legal entity that is not a religious organization (Article 74 of the Labor Code of the Russian Federation);
• 14 days in advance by an individual entrepreneur or an individual employer (Article 306 of the Labor Code of the Russian Federation);
• 7 days in advance by the employer - a religious organization (Article 344 of the Labor Code of the Russian Federation).

Does not require approval from the employee:

• moving it between workplaces, if this does not affect the mandatory terms of the contract (Article 72.1 of the Labor Code of the Russian Federation);
• temporary transfer to another job for a period of no more than a month, if this is caused by an emergency situation (Article 72.2 of the Labor Code of the Russian Federation).

How to fire an employee who needs to be transferred to another job for medical reasons (under clause 8, part 1, article 77 of the Labor Code of the Russian Federation)? The answer to this question is in ConsultantPlus. If you do not have access to the K+ system, get a trial online access for free.

What difficulties may arise

Despite the fact that cessation of activities in an organization at one’s own request is a simple procedure from the point of view of the law, practice shows that difficulties often arise. Let's look at the most common ones and find a solution:

• The employer refuses to accept the application. Send the document by mail with an inventory and notification.
• The employee submitted an application and did not show up for work. This is considered absenteeism and is punishable by dismissal under the article.
• The manager forces the employee to resign at will. Go to court, this is a violation of Art. 391, 394 and 395 TK.
• The dismissal was issued on a date earlier than the established deadline. Challenge the action in the courts.

Many do not defend their rights in court for fear of high costs. According to Article 393 of the Labor Code, all costs of conducting a case are paid by the employer if the court finds the manager’s actions illegal. The employee will be reinstated and compensated.

There are also nuances to the withdrawal of an application. The employer has the right to refuse recall if an employee who is being transferred to work from another institution has already been found to fill the dismissing position.

If you apply for a vacation and then plan to resign, remember that you can withdraw your letter of resignation only before the start of the vacation (Article 127 of the Labor Code).

What is meant by other grounds for dismissal?

Other grounds for dismissal not specified in Art. 77 of the Labor Code of the Russian Federation, apply to employees of certain categories or industries. Their list is not limited by law; there is only a requirement that it be established by law at the federal level. The Labor Code of the Russian Federation, in particular, provides for them:

• for the head of a legal entity (Article 278);
• part-time worker (Article 288);
• employee of an individual employer (Article 307);
• homeworker (Article 312);
• foreigner (Article 327.6);
• teaching worker (Article 336);
• head (deputy head) of a state or municipal scientific organization (Article 336.3);
• employee of a foreign mission (Article 341);
• employee of a religious organization (Article 347);
• employee of the employer-notary (Article 351.4).

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.