Dismissal due to relocation - what to write in the application? Rules for document preparation

Moving to another city is a fairly common necessity in life. However, problems may arise with finding employment in your new place of residence. How do you fire an employee who decides to change his place of residence?

Due to the move to another city of residence, the person is fired according to the application. An employed citizen must submit an application addressed to the boss with a request for dismissal due to relocation.

Dismissal due to relocation

basic information

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

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

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

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

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

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

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

You can quit early

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

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

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

An employer has the right to dismiss an employee independently

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

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

To fire an employee, the employer must have compelling reasons

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

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

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

The work book indicates the reason for dismissal

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

Contract termination process

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

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

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

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

Legal basis

The following legal provisions need to be carefully studied:

• Article 77 of the Labor Code of Russia contains a list of all the fundamental reasons for terminating labor relations and cooperation;
• Article 78 of the Labor Code of the Russian Federation, which notes probable reasons for ending the working relationship with the consent of the parties;
• Article 79 of the Labor Code of Russia, where details of completion are noted;
• Article 80 of the Labor Code of Russia, which provides information about the possible termination of business relations at the request of an employee;
• Article 81 of the Labor Code of Russia, which states the reasons why the employer has the right to formalize the termination of employment relations.

Article 77 of the Labor Code of the Russian Federation

An offer to change the place of residence is mandatory for every person employed by the company. The registration form is in writing and is given to the employee for signature. An employee who has given a positive response to the relocation offer must sign an agreement. If the employee does not plan to change his place of residence, then the refusal must also be made in writing.

Important ! This will serve as a reason to terminate the employment relationship with him.

Example 1. Dismissal (transfer) of an employee when the employer moves

Structural changes are taking place in the organization. Its separate unit, which is located in the Moscow region, is attached to the Moscow unit. The structure and staffing of the organization itself is changing.

Accordingly, it is planned to transfer two employees from the Moscow region to permanent work in Moscow. Both employees who are offered a transfer can agree to the transfer or refuse it and resign.

If these employees agree to the transfer, then, firstly, each of them must confirm this in writing. Secondly, when they are transferred, only the name of the unit will change. Everything else (position, salary, job responsibilities) will remain the same.

Sample proposal form for transfer to work in another city

How is an employment relationship terminated due to moving to another location?

Cancellation of an employment contract due to a change of city or place of residence is carried out in the same manner as in case of dismissal of a person’s own will. It will not be possible to draw up a document for dismissal due to a change of residence using the sample, since it simply does not exist. Approval of dismissal is carried out in accordance with labor legislation.

Important ! The subordinate must notify his superiors of his intention two weeks before resigning.

First stage

You will need to write an application for the provision of the required funds, register it and give it to the head of the company for signature. From the next day, a two-week period of mandatory work will begin before the final severance of the labor relationship between the employee and the company.

First of all, you need to write a letter of resignation.

Second phase

If the employee was provided with any material assets to fulfill his labor obligations, then he is given a bypass sheet, and during the period of two weeks of work he must collect all the necessary signatures on it.

On the last day of work, an order to terminate the employment relationship is issued with the note “At one’s own request.” The employee must be familiarized with the document, after which he signs it with his own hand.

Important ! If a person refuses to sign the order provided, then an act is drawn up that records this. The act must be certified by two witnesses and the person who drew it up.

The employee must work for two weeks

Third stage

Issuance of a work book with all the mandatory notes on dismissal contained in it. All information that is entered into the work book at the company must be certified personally by the employer (if he independently prepares such documents) or by the employee whose duties include this (HR officer, secretary, accountant).

Important ! According to the standards for filling out work books, the authorized employee notes why the citizen was fired from his place of work, making reference to the article of the Labor Code of the Russian Federation, puts down the date, indicates his position, puts a signature with an explanation of his surname and initials.

Upon dismissal, the employee is given a work book, which states that he was dismissed of his own free will.

Fourth stage

An employee with whom the employment relationship has been terminated, by signing the information entered in the work book, confirms that he agrees with them. A sample of filling out a work book is provided below. All notes are made after signing by an official. Data displayed in the work book:

• position of the dismissed employee,
• signature,
• transcript (full name),
• date of.

At the end of the last day of work, the person is given the earned settlement money.

If leaving a place of work is associated with the transfer of one of the spouses performing military service or a government subordinate to another place, then a note is made: “dismissal of one’s own free will due to the transfer of the spouse to another place of service.”

Important ! Otherwise, the dismissal process remains unchanged.

A person can be fired when a spouse is transferred to another place of service/work

A legal entity also has the right to change its place of residence. The employer must notify his working citizens about the move 2 months in advance, and they, in turn, sign a document agreeing or refusing to change their place of residence. If a working citizen is ready to move together with the organization, then the company undertakes to cover all financial costs associated with the move (compensation for the travel of the entire family, delivery of property to the new place of residence, etc.).

The funds will be returned to the employee upon provision of train/plane/sea/river tickets.

Important ! If there is no document confirming the fact of the move, then the amount of compensation will be minimal in accordance with the price for each of the presented modes of transport.

Termination of employment due to relocation is still different from leaving work on personal initiative. The Labor Code talks about this point in passing, and this encourages citizens to avoid the mandatory two-week work period.

Sometimes an employee may transfer to another job within the same company

Will it be possible to deceive

Some unscrupulous employees, wanting to deceive the employer, say that they are going to move. In this regard, they demand that you give an estimate and submit the necessary documents immediately or the next day. It is difficult to predict further actions of management.

See also: Does an employee have the right to withdraw his resignation letter?

Some may agree and not delay dismissal. Others, suspecting deception, categorically refuse to let the employee go without two weeks of work. The employee can challenge these actions in court, but the expenditure of time and effort is not commensurate with the need to work 14 calendar days. Employers do not always directly say that they suspect an employee of deception. They are guided by the fact that the issue of such a radical change of place of residence is not decided in 1 day. Therefore, the worker must have the opportunity to warn management in advance.

Lawyers advise in such cases to take a different route: take a vacation followed by dismissal. But this is possible if it has not been used before. There is also another option: to “get sick” after submitting the application. But remember, by negotiating sick leave, you are deceiving not only the employer, but also the state. After all, part of the funds for the certificate of incapacity for work are paid by the social fund at the expense of budgetary funds.

Leaving work due to a change of location without mandatory service

If a person decides to leave his place of employment due to a change of city of residence, then this is tantamount to dismissal at personal request. In Art. 80 of the Labor Code of the Russian Federation it is noted that this type of termination of maintenance assumes that before leaving a person is obliged to work for another two weeks.

In addition, Art. 80 of the Labor Code of the Russian Federation provides data that you can leave your job without working the required period for the following reasons:

• if there is the approval of the employer;
• if fulfilling your work obligations is no longer possible due to admission to a university or retirement;
• if the employee is sick and opens the ballot.

Article 80 of the Labor Code of the Russian Federation

The employer must give consent. Typically, the parties sign an agreement that states that a particular employee can quit without working the required 14 days.

Important ! If an employee is unable to work because he is a full-time student at an educational institution or because he is going on vacation, then this must be noted in the resignation letter.

Moving to another territory of residence cannot be a legal basis for leaving a place of employment without 14 days of work. However, you can always discuss this issue with your employer and explain why you want to quit. Most often, bosses willingly accommodate their subordinates and allow him to leave his place of employment without working the required 2 weeks.

Important ! If the move is necessary because the military husband/wife is being transferred, then this fact must be noted in the application. You need to back up your words with a certificate from your husband/wife’s place of employment.

Sometimes you don’t have to work for another two weeks.

Features of the move

If you plan to move to another region for permanent residence, you have to quit your job. This situation arises when you plan to change your life on your own initiative or when one of the spouses transfers to another city. The latter situation is often encountered by military personnel.

In this case, the employee can write a letter of resignation, guided by the norms of the Labor Code (Article 80). But not everyone wants to work for 2 weeks, so many indicate the planned move as a reason to immediately leave work. But not all employers meet their employees halfway.

Article 80 of the Labor Code of the Russian Federation states that a worker may not work in the following cases:

• violation by the employer of the fundamentals of labor legislation, terms of employment contracts, collective agreements;
• inability to continue the employment relationship.

The Code specifies only 2 examples of cases when it is necessary to immediately terminate an employment contract: enrollment in studies and retirement. The remaining situations are not specified; it is only stated that early termination of the contract is possible in other cases. Therefore, the question of whether moving is classified as other cases is controversial for many.

If an employee can somehow confirm the fact of the move, then the employer is unlikely to refuse to dismiss the worker without working off. If it is impossible to work out, the employee will have to defend his rights in court in the future.

Is it necessary to complete the two-week period when leaving work due to a change of location?

The legislation does not stipulate that a person resigning due to a move must fulfill his work obligations for another two weeks until all the necessary documentation is issued to him. The main thing is Art. 80 of the Labor Code of the Russian Federation, which states that an employee is obliged to notify the employer of his departure no later than 14 days in advance. Dismissal, which is not followed by mandatory service, is provided for in the following cases:

• the necessary registration of removal from position in the shortest possible time with the agreement of both parties (the employee can contact the employer with a request and agree with him);
• following part 3 of Art. 80 of the Labor Code of the Russian Federation, regard a change of residence as a valid reason and reduce the time limit;
• incapacity of a subordinate;
• in case of violations by the employer that negatively affected the fulfillment of labor obligations or the life of a subordinate;
• if employed persons are full-time students or citizens of retirement age;
• leaving work is due to the relocation of a spouse who is serving in the military.

You can agree with your employer not to work for another two weeks

Important ! Also, the manager retains the right to draw up an order only after 2 weeks, during which time the working citizen must work.

Common mistakes when dismissing employees if the organization moves

Error 1. When an employee and employer move to another city, it is necessary to formalize the transfer of this employee. Transfer through dismissal is not allowed, since this, in fact, violates the established procedure and is a mistake.

Thus, you cannot first fire an employee and then hire him again in another city for the same position.

Mistake 2. An employee’s refusal to move to work in another area may not always become grounds for dismissal. It all depends on what type of transfer was offered to the employee.

Let’s say a separate division of a construction organization is located in the Moscow region. One of the employees who works there was offered to transfer to the parent organization, which is located in Moscow.

Under the circumstances under consideration, the employee has the right to either agree or refuse this offer. If he refuses, then the employer does not have the right to fire him, since this is not a transfer related to the employer’s relocation. With such a refusal, the employee can continue to work at the same place, in the Moscow region.

How is relocation financed when leaving work?

If a person decides to change the territory of residence for personal reasons, then this situation does not fall under the employer-funded move. If the initiator of the move is the employer, then he takes upon himself the responsibility to reimburse the monetary costs of paying for the road. You can familiarize yourself with all the compensation due to an employee due to a change of residence in Art. 165 Labor Code of the Russian Federation.

Art. 169 of the Labor Code of the Russian Federation states that the relocation of an employee and his employer obliges the latter to compensate:

• relocation costs for the employee and his family;
• costs of transporting things (money is not refunded if the employer provides a vehicle for transportation);
• costs of establishing a new location.

Article 169 of the Labor Code of the Russian Federation

There is no specific monetary amount specified in the Labor Code; compensation is paid by agreement between the working citizen and the employer.

Important ! If a person is employed in an organization financed by the budget of the federation, then the established amount of compensation for relocation, which is returned by the employer, is indicated in the RF PP dated April 2, 2003 No. 187.

In paragraphs “a” clause 1 of this Resolution establishes the following provisions.

The employer is obliged to reimburse expenses in case of moving to another place of work within the same organization

Other costs will be reimbursed according to paragraphs “b” and paragraphs. "c" clause 1.

An employed citizen must return relocation compensation in the following situations:

• within the agreed period, he did not begin to fulfill his direct obligations;
• left his place of work on his own initiative before the end of the employment contract concluded with him at his new place of residence;
• became the culprit of an act for which dismissal is provided.

All of the above points must be noted in the newly concluded employment contract.

Important ! An employee’s failure to appear at the place of employment for a valid reason is grounds for the return of the reimbursed travel cost, taking into account payment for tickets for the transportation of all family members and property.

If an employee fails to show up for work, he must return compensation

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.

How to submit an application?

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

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

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

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

It is very important to draft your resignation letter correctly.

In example (a), July 27, 2021 is the day when a person wants to fulfill his labor obligations within the working day for the last time, the employer has the right to approve such a decision of his subordinate or disagree with it, then dismissal will follow only after the 14-day period term.

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

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

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

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

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

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

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

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

The application must indicate the reason for dismissal

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

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

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

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.

If the employer moves

The opposite situation is possible, when the employee’s employer changes its location. In this case, the employee may agree to the move or refuse the move and be dismissed under clause 9 of Part 1 of Art. 77 Labor Code of the Russian Federation.

IMPORTANT!

The relocation of an employer is not the closure of one branch out of several in one region, but the complete liquidation of all offices on the territory of one subject of the Russian Federation and their transfer to another.

The dismissal procedure includes:

• a written offer to the employee to transfer to another region;

• receiving a written refusal from the employee;

• issuance of a dismissal order;

• registration of entries in the work book, personal card;
• issuance of a full invoice and all required documents on the last day of work.

Among other things, an employee in such a situation is entitled to severance pay in the amount of two weeks’ average earnings.

When is detention not assigned?

There are certain legal grounds under which an employee does not have to work for the company for two weeks. According to the Labor Code, dismissal due to relocation is carried out without working off under the following conditions:

• a peace agreement is drawn up between the two participants in the labor relationship, on the basis of which the employee is not required to continue working in the company for 2 weeks to work off;
• the applicant is a pensioner;
• the citizen has been enrolled in any educational institution, so the citizen cannot waste time on work, but it is important to have evidence of such enrollment;
• the employer violated the requirements of the Labor Code or regional regulations regarding the employment or dismissal of an employee, therefore the employment contract is terminated on the day indicated in the employee’s application.

Before the expiration of the work period, the employee can withdraw the application at any time. But even under such conditions, dismissal may still continue if a new specialist has been found to replace the employee.

Only after the end of the service does the relationship between the employer and the hired specialist cease. On the last day of employment, the citizen receives a work book and the required funds.

Is it possible to agree on no work?

Almost every employee who wants to terminate their employment relationship with a specific employer does not want to work for the company for another 14 days. This is due to the fact that there is usually a bias towards it.

Therefore, dismissal due to moving to another region may not be accompanied by work. The reason for the move is a significant factor. Therefore, the following nuances are taken into account:

• if a citizen simply wants to change his place of residence, then he has no arguments for canceling his work, so he will have to work at the company for 14 days;
• Often the move is associated with various valid reasons, for example, it is necessary to begin treatment or study at some educational institution, so a citizen may insist on no work.

Additionally, work is not required if the dismissal is associated with the transfer of the employee’s husband to a new place of duty, reassignment to a company branch located in another region, as well as in case of violation of labor laws by the head of the company.