Reasons for leaving the previous job: what to say at the interview and write in the resume. Reasons for dismissal from work of their own free will

14.08.2019

Among the main reasons for terminating the employment relationship between an employee and an employer, there are both objective and subjective. Objective, indicated in the norms of the current labor legislation, as general legal grounds. Subjective reasons for dismissal relate, rather, to interpersonal relationships that have developed in the process of work between the employee and his colleagues, or between him and his immediate superiors. In addition, the employee may want to change qualifications, place of residence, etc.

But the law gives us clear instructions on the legal grounds for terminating an employment contract. And, regardless of personal issues, upon dismissal, the wording for the reason for dismissal should be chosen, in accordance with the Labor Code. There are both reasons for dismissing a negligent employee on the part of the enterprise where he works, and the employee's desire to leave his position. Consider the legal grounds for dismissal.

Termination of employment

In accordance with the norms of the law governing labor legal relations, they cease to be valid in such cases:

at the request of the employee, leave his position;
on the initiation of dismissal by the employer;
upon reaching an agreement between the employee and the enterprise on the end of the joint work;
if a temporary fixed-term employment contract was concluded between the parties, and its term has come to an end, while none of the parties has expressed a desire to continue it, backing it up with the appropriate action;
when registering the procedure for transferring an employee to another employer at his request or consent;
transfer of an employee to an elected position;
if the employee refuses to continue the contract, in case of a change in the form of ownership of the organization, or the form of management, the owner of the property;
when the terms of the contract are changed, with which the subordinate does not agree;
reasons for dismissing an employee for medical reasons - if there is a medical ban on continuing to work in this position, and the employer simply cannot offer another suitable one, or the employee himself refused the proposed position;
in the event of a change in the location of the enterprise due to a move to another area, which this specialist refused;
there are circumstances that do not depend in any way on the will of the parties (and we will consider them below);
in case of violation of labor legislation at the stage of entering into labor relations, if such violations exclude the possibility of further cooperation.

At the same time, in addition to the main reasons for dismissal, there are also special ones, regulated by laws and regulations. For example, the legal regulation of the dismissal of judges and prosecutors, civil servants, and the military is carried out by special laws that are applicable only to them. Now let's look at the main reasons in more detail.

Dismissal of your own free will

This is perhaps the simplest and favorite formulation for personnel officers. And such a dismissal is made easier and less documents need to be collected. And no one will dispute such dismissal. Often, just such a reason for dismissal is an incentive for the employer to "put pressure" on the subordinate so that he himself wrote a statement, threatening dismissal under an article or other negative consequences for the latter. Lawyers advise not to follow the lead, despite such threats, and stay in your place of work, because such an employee will not receive compensation or severance pay upon dismissal, and it is not always possible to find a new job right away.

If the desire to leave is valid and motivated, the employee must submit a statement of his or her intention to leave the company. Only you need to warn about this two weeks before the fact of dismissal. Failure to comply with this requirement, most often, turns into negative consequences for the employee, because he can be fired under the article for absenteeism, in the event of unauthorized leaving the workplace.

Sometimes it is allowed to terminate the employment relationship, without the obligatory fourteen days of work, but there must be good reasons for this. So, let us consider what are the valid reasons for dismissal of our own free will, upon the occurrence of which, an urgent dismissal is allowed:

illness of a close relative or child in need of care;
a husband or wife is sent on a long business trip outside the city (country), or even to a permanent job;
upon admission to study;
upon retirement.

Some employers take into account not only these reasons, but by agreement, they can allow to quit the number indicated by the employee in his application. By the way, it is necessary to refer to the validity of the reasons for the early dismissal in the application, and not only orally.

When the dismissal occurs at the initiative of the employer

The enterprise has the right to part with its employee, against his will, only in those cases that are specified in the Labor Code of the Russian Federation. There are the following reasons for the dismissal of employees at the initiative of the firm, enterprise or organization for which they work:

The employee did not pass the probationary period, or the results of such a trial seemed unsatisfactory to the management of the enterprise;
In case of termination by the employer of his economic activity (liquidation);
In the event that a decision is made to reduce the staff of the organization, about which there is an order of the competent governing body of the legal entity;
Based on the results of unsatisfactory certification, when there are no vacancies at the enterprise that correspond to the level and qualifications of this specialist;
Labor relations with the manager or chief accountant are terminated when the owner of the company changes;
With numerous violations of labor discipline and work ethics, if the employee already has disciplinary sanctions, outstanding;
If the employee was absent from the workplace for more than four hours in a row, which is qualified by law as absenteeism;
For distrust of an employee who committed guilty actions that resulted in the loss of the company's commodity and monetary values (as a rule, these are the reasons for the dismissal of sellers);
When you appear or stay at work drunk;
When a criminal act is committed at the enterprise, for example, theft, theft, which will be established and confirmed by a decision of the competent authorities;
In the event of a gross violation of the rules and regulations of labor protection, when this entailed or could entail serious consequences for other employees of the company or loss, destruction of the organization's property;
When disclosing commercial secrets and / or personal data of another employee;
If the manager or chief accountant took an action or made an unjustified decision that caused damage to the company, its property and material losses.

There are other valid reasons for the dismissal of an employee who occupies a key position in the organization, for example, a single gross violation of his labor functions by the head or his deputy is enough to terminate the contract with him.

Circumstances that do not depend on the will of the parties

The Labor Code names the reasons why an employment contract with an employee is terminated either at the initiative of the employer or the employee. Such circumstances are called, independent of the will of the parties:

When an unlawfully dismissed employee is reinstated in his previous position, as a rule, by a court decision;
In case of conscription into the army or alternative service;
When an employee is in an elective position and has not been elected to a new term;
When there is a court verdict against a subordinate, which excludes the possibility of further work at the enterprise;
In case of complete disability, as evidenced by a medical reasoned conclusion;
Death of an employee;
In the event of an emergency, recognized as such by the Government of the Russian Federation;
When applying to an employee an administrative penalty related to the prohibition to hold a certain position, including disqualification;
Termination of a license or special permit for the exercise of certain labor functions, which is issued by an authorized government body;
In case of cancellation of the court decision by which the employee was reinstated.

In accordance with Art. 83 of the Code, such reasons for dismissing an employee are not considered an expression of the will of the employer, and therefore, adhere to a special procedure, which consists in prior notification and such formalities are not needed.

Other cases and reasons for the departure of an employee from his position

Separately, I would like to note the dismissal in the order of transfer. This formulation of termination of an employment contract is not very common, since a subordinate who has found a more attractive place of work for him first leaves of his own free will, and only then gets a new job. When translating, there are many advantages for the employee himself. First, time is saved for the formalities of terminating an employment contract with a previous employer, and concluding a new one. Secondly, there is no two-week working off at the previous place of work and a probationary period at a new one.

The reasons for the dismissal of an employee who does not want to move with the employer to another locality can be characterized as the employee's desire to quit. But not everything is so simple. If he simply writes an application and then stops working in the organization, he will not be subject to benefits at the employment center. And with such a formulation of dismissal, it is much easier to get a new job than to explain each time why he wanted to leave his previous job.

Unfortunately, the Labor Code of the Russian Federation does not contain information regulating valid reasons for the dismissal of employees. Because of this, workers often encounter difficulties on their way, ranging from management refusal to suspend and ending with non-payment of funds, including the payment of unused vacations. In addition, enterprises, in the event of an employee leaving, often demand payments from him for the training or advanced training he has completed. Despite the huge number of pitfalls, the courts of the Russian Federation made a variety of decisions on these issues.

However, 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 about it in writing not later than two weeks, unless another period is established by this Code or other federal law. The course of the specified period begins on the next day after the employer receives the employee's application for dismissal. "

A complete analysis of this article makes it possible to establish that the legislation provides for the following grounds for dismissal of one's own free will:

Change of job with the subsequent relocation of one of the family members.
Having a medical condition incompatible with work, or interfering with normal life in the given environmental conditions.
Disability of any group.
Forced care of sick relatives, and for disabled people of group I... However, such reasons require proof in the form of medical diagnoses and conclusions.
Winning competitive selection for another position.
Drafting into the army of the Russian Federation and the beginning of training.
Violation of the rules of the labor contract and the Labor Code of the Russian Federation by the management.
Dismissal of your own free will... Oddly enough, today this reason is valid, although it has no compelling arguments.

If you want to quit your job of your own free will, but instead the employer proposes to suspend you in a more simplified form, then don't agree in any way. It is important to understand that when the employer influences the conditions of your care, a negative entry about you may appear in the work book. This will not in any way affect the duration of the dismissal, but it can seriously affect the future, for example, when employment with another employer.

Grounds for dismissal and wording of reasons for dismissal

Employers periodically encounter unscrupulous workers who systematically violate not only the concluded labor contract, but also the Labor Code of the Russian Federation as a whole. It is worth saying that at this stage of the development of the Labor Code, there are 18 reasons, according to which the manager has every right to dismiss the employee. Grounds for dismissing an employee without his consent under the Labor Code of the Russian Federation:

Permanent failure to perform work duties without a valid reason... This applies to absenteeism and evasion from work and medical examinations. However, if the employee was not punished for such disciplinary offenses with the help of a remark or reprimand, then the management cannot involve him on this point. These are grounds for dismissal, which are disciplinary offenses.
A single, but gross violation of the rules in the organization... This can include drug and alcohol intoxication, which was recorded in the worker at the workplace, as well as the disclosure of special business secrets of the company.
Falsification and submission of false documents when registering an employment contract... If an employee has provided someone else's passport, forged documents about his level of education, or indicated the wrong length of service, this is a weighty argument for dismissal.
Incompetence of an employee of his position... This item includes the lack of the necessary qualifications for the job. In this case, the responsibility for the certification and verification of the knowledge of employees lies with the employer. However, if in its course it turns out that the employee is really unable to carry out his labor duties due to the lack of the required education, this gives the employer the right to fire him.
Termination of the company, official liquidation of its activities.
Reduction.

With regard to layoffs, management must comply with a special form for such layoffs. First, the dismissed person must warn 14 days before suspension... Secondly, simultaneously with the notification of the worker, the head of the organization is obliged to submit the documents of the reduced to the employment center, indicating his name, profession, specialty and salary. The trade union must be notified at the same time. It is worth noting that if a large number of people are planned to be fired, then a warning should follow. in 3 months... In addition, the employer not entitled to fire disabled workers such as pregnant women and employees on vacation.

What is the reason to write on your resume when you leave your previous job?

All workers, one way or another, faced interviews during employment. When applying for any position, the director of the company will probably ask you why you left your previous job. At such moments, it is important not to say anything superfluous. The situation is even more complicated when the employer asks you to indicate the reason for your departure on your resume. At first, in any case, do not neglect this paragraph... Failure to do so can embarrass the mistrustful director, resulting in a refusal to hire you. Also, a great help in employment will be provided by a ready-made resume, which can be downloaded using the link. Here are some examples of reasons for leaving your job for a resume:

Liquidation of an organization... One of the most lucrative reasons for being designated, as in the eyes of the new boss, you will be a conscientious worker who did not leave the company in difficult times and worked until it was completely closed.
Changing of the living place... Not the worst of the reasons, however, if you choose it, then be sure to indicate why you decided to move.
Lack of decent wages... By entering this reason into your resume, you run the risk of being unemployed. Of course, the director can study your educational documents, analyze your seniority and conclude that you really have been underestimated. However, management may question your reliability because money is a priority for you... If the company is experiencing recurrent financial problems, then you will probably be denied employment.
Problem situations at work... It is highly discouraged to indicate it as a reason for leaving, because it will present you as an instigator of conflicts and a brawler. However, if you can convince your employer that this is not your fault, then you may even be in an advantageous position.
Lack of career growth... A good reason to quit your job. The desire to build a career will recommend you as an employee for whom money is far from being of paramount importance.

Despite the existing recommendations, future employees very often make gross mistakes, indicating ridiculous and stupid reasons for changing jobs in their resumes. They can scare off management, which is highly undesirable. The most inappropriate reasons include:

Getting hurt.
Arrest.
Lack of promotion.
Inappropriate work schedule.
Family problems.
Hatred of management and colleagues.

Be very careful when filling out your resume. Remember that no matter how unimportant it may seem, filling it out can affect your future career and the position you get. That is why it is better to use recommendations and advice so that your resume helps you in finding a job, and does not interfere.

What are the grounds for dismissing a police officer?

The internal organs of the Russian Federation have their own special procedures. This also applies to the dismissal of employees. For example, the grounds for dismissal from the police may be:

Own wish.
Reaching an age unacceptable for service.
Service and police pension.
Termination of the contract.
Violations by the employee of the clauses of the contract or a contract concluded with him.
Inability to be at the disposal of the federal district due to the end of the service life.
Reduction.
Presence of diseases, as a result of which the employee is recognized as unfit.
Poor health an employee who interferes with the performance of official duties in an appropriate manner.
Committing a crime and conviction.
Conscription.
Systematic violations of discipline, which were recorded by the management.
Falsification of documents and information during employment.
Doing deeds that defame the honor of the Russian police.
Expulsion from educational institutions of a professional type.
Transfer to another civil service.
Refusal to perform duties in service.
Change of citizenship.

In addition, based on Chapter 7 of Article 40 of the Law "On Police":

“A police officer may be dismissed from police service for failure to comply with the restrictions and prohibitions established for police officers by this Federal Law and other federal laws. Dismissal of a police officer from service in the police is formalized in the manner prescribed by the legislation of the Russian Federation, which regulates the issues of service in the internal affairs bodies. "

The suspension of employees is sometimes accompanied by serious conflicts, which can only be resolved fairly by a court or labor inspectorate. Regardless of whether you are an employer or an employee, upon dismissal, strictly observe the required form and procedure for dismissal. This will help to avoid responsibility and make your decision legal. If you cannot figure out the situation on your own, you need to consult with a lawyer who will definitely help you stay in an advantageous position.

At first, no need to lie. Every decent company has a security service. And she will inquire about you, so the truth inevitably comes out.

The truthfulness of the answers is relevant not only with regard to the reason for dismissal at the interview, but also work experience, marital status ... This is all easily verified.

Secondly, no need to play around. If the interview takes place "eye to eye", then any hesitation with the answer to this question will raise suspicion. Don't try to get away from a direct answer.

Thirdly, the answer should not be formulaic and sound learned. It will also provoke doubts about your sincerity.

Example: to the question "Why did you get laid off?" you answer: “The crisis. Many are being laid off now. "

Wrong answer, even if partly true. Typically, when there is a storm, the ship disposes of the ballast. The situation is the same in the era of the economic crisis.

You must admit that it is not very pleasant to recognize oneself as "not a valuable load". Therefore, you need to come up with a reason that is not so offensive to pride and more convincing in the eyes of the employer.

To the question "Why were you fired immediately after the probationary period?" we can, of course, say that this is a constant of the method of a company that does not want to raise wages. But it is better if you say that the dismissal took place by agreement of the parties, that you understood that this is not yours, that this is not what you would like to do.

How to explain the reason for dismissal at an interview? A short and practical video also tells about this.

If fired under the article

This is a separate story. An entry in the work book of the applicant about dismissal under the article, like a flashing red button, warning the employer about the danger.

There are several options for what to do to the owner of such a work book. For example, lose work, get a job "by acquaintance". If you understand that these are all not your options, then go to an interview and take into account a number of points.

Do not include the reason for dismissal on your resume. At the interview, don't start talking about it yourself. Try to get an interview with a manager, not a human resources employee. This gives you a personal touch. And it might come in handy for you.

If, nevertheless, the question was asked, answer shortly, without detailing or embellishing. Important! The ability to admit your mistakes is usually valued more than cunning and a willingness to blame others. Tip: If the leader hesitates, offer to take you on probation.

5 beautiful reasons to leave work for an interview

What are the best reasons for dismissal to speak at an interview:

Emotionally burned out. This is a pretty trendy answer now. By the way, the term "professional burnout" really exists in nature. Tip: This is not a good reason if you tend to change jobs every year.
Bankruptcy of the company, reduction of positions, reorganization. Carefully! This is all easily verified.
Change living place. It became inconvenient to get to work. Tip: You can take advantage of the situation and emphasize your positive features. For example, punctuality: “Getting to work is so long and problematic that I started to be late due to traffic jams. What is unbearable for me, a punctual and obligatory person. "
I want a white salary and a social package. Attention! Suitable for those who did not have all this at the previous place of work.
I have heard a lot about your company. I have long dreamed of working in it. Note: a rare employer will not be flattered by such an answer. But take the trouble to make inquiries and gather information about the company you are aspiring to.

And another answer, as a role model:

In my opinion, prolonged work in one place leads to mental regression. I notice that, having studied all the nuances, I am already fulfilling my duties “with one hand,” on the machine. It becomes boring and uninteresting for me to work. I don't learn anything new anymore, I don't grow professionally. I see no point in such work. AND that's why I try not to sit too long- not work in the same team, in the same position for more than three years.

Similar options: I'm tired of being a narrow specialist, I want to expand my field of activity, I have exhausted my potential in this company, there were no prospects for professional growth.

3 main mistakes

Criticism the previous leadership, demonstration of grievances and claims. “The boss is always right” - this formula works in the given circumstances.

It doesn't matter who, in fact, was right in the dispute with the authorities. Victory is obviously on the side of the one who is stronger. Deal with it. You need to find a job and a reputation as a brawler and critic in this matter is a poor helper.

We can say that a new director came and brought his team. There was no place for you in it. But you are grateful to the previous management for the experience gained and are now ready to apply it with benefit elsewhere. You can also say about a different vision of the company's development prospects. Important: the employer often wants to see a testimonial from the previous place of work. Therefore, when leaving, do not slam the door.

Small salary. Even if this is true, do not make it the main argument in your search for a new job.

And if you, nevertheless, decided to write in the column "reason for dismissal" "Financial considerations", be ready to argue your claims for a good salary. Give strong reasons, prove your competence as a professional. In other words, justify your market value.

Negative atmosphere in a collective. Forget the stories about "energy vampires" sitting with you in the same office. And about how Ivan Ivanovich constantly sniffs, and you got sick of it. In order not to kill Ivan Ivanovich, you decided to change your place of work.

It will not work! Never speak negatively about former companies and colleagues. This will label you as a "brawler" or "conflicted person." And, ultimately, it will prevent you from finding a job.

Advice: if you have ill-wishers at your previous place of work, then it makes sense to warn the new management about this and add that they did not want to let you go, and therefore refused to give a positive recommendation.

What does the employer think?

He wants to hire an agreeable, adequate, competent employee. And therefore, in answers to the question about the reasons for the dismissal, he hears not exactly what the applicant expects.

For example, an employer does not like it when a job seeker is "sharpened" only for a large salary.

The course of his thoughts: he wants to receive well, which means he is motivated for the result, ambitious. This is good and understandable. But this can be easily outbid. Will go where they promise more. Will leave the firm without hesitation if it has financial difficulties. Hence, it is not reliable.

Note: as professional recruiters note, every employer wants his company to be loved not for the salary, but for “something more”. Employer does not trust those laid off on redundancies. In the eyes of the employer, this is not entirely a valid reason for dismissal.

The course of his reflections: reduced, so it was not really needed. This means that you can do without it. Valuable personnel are not scattered.

It is another matter if the company has gone through a reorganization, changed its owner, and the reduction was massive. In this case, the employer may be interested in the appearance on the labor market of professional personnel who have become unemployed due to circumstances beyond their control.

On a note: there is a term for "personnel officers" for unprofessional and invaluable candidates for employers - "slag". In an era of crisis, the percentage of "slag" in the labor market rises sharply.

"Why do I want to change jobs?" - what to say at the interview? Remember 3 main rules:

be brief;
reasoned;
no conflicts.

Every citizen has the right to free labor.

That is, he himself can choose for himself the type of labor activity or even abandon it altogether, in contrast to Soviet times, when laws against parasitism were in use. He can also freely or contract, if he has such a desire. However, of course, an agreement is an agreement that gives both parties certain guarantees, which means that its termination has its own nuances.

What are the reasons for dismissal of their own free will, how it happens, when work is required, and when you can do without it, how long it is necessary to notify the employer - these are all important points that need to be clarified before dismissal.

It contains an open list of grounds for dismissal, and we are interested in paragraph 3 in it - termination of the contract on the initiative of the employee, which is covered in more detail in. It is she who will be the main one for study by employees who want to quit.

The procedure remains unchanged throughout the existence of the Russian Federation, but in 2002 the position of those working under contract was eased. Since that time, they were allowed to resign on a general basis, and it became unnecessary to have good reasons - the lists of good and bad reasons will be discussed further, as well as how the dismissal procedure depends on the validity of the reason.

The only condition for this is the desire itself. After warning the employer two weeks in advance and working out this period, the person will receive complete freedom, and the employer will not have the right to keep him. If he demands to finish some work, put a signature on a bypass sheet, and so on, threatens not to issue labor - you should not worry about this if you are an employee who submitted an application according to all the rules and worked for two weeks (or who has good reason to quit without her), then you have every right not to continue working, and if he really tries to create obstacles, then the law will be on your side. That is, you can always file a complaint with the prosecutor or the court, then the employer will still have to pay for moral damage. As practice shows, for the employer to stop unlawful actions, only the threat of such treatment is enough.

Let's analyze the procedure for dismissal at the request of the employee:

An application is being submitted. There are no requirements for its form by law, but it is best to comply with it. The simplest one is attached to the article - it does not indicate the reasons. In addition, your own samples can be installed in the company. Where to apply will also depend on the procedure adopted in the company - usually to the HR department or to the director's reception.

It happens that the dismissal occurs due to a conflict with the management, and the employee is afraid that his application will be “lost”, and then he will be fired for violation of labor discipline or for some other unseemly reason. If you have such a case, it will not be superfluous to insure yourself - the application is made in two copies, and when one is transferred to the company, then the second must be marked with acceptance and the date - as well as the signature of the person who accepted. If necessary, this statement will serve as proof that you wrote it on a certain date, therefore, are free from obligations to the employer.

After submitting the application, the countdown of the days begins until the employee can quit. This is in the absence of a valid reason. If they are there and are confirmed by documents, then it will be possible to do this and receive a calculation immediately. If you have to carry out working off, then the employee must continue to work, as before, fulfilling the terms of his contract. If at this time they commit violations of labor discipline, the employer can freely dismiss the employee for him. This means that the wording of the dismissal will be completely different.

If an employee goes on sick leave, continues to flow, and on the appointed date he will still be able to quit.

After the expiry of the work, the employee not only can, but must stop working at the enterprise. If he does not do this, and works at least another day, then it will be necessary to start the dismissal procedure again - to reapply and carry out the working off.

The employee has the right to withdraw the application until the expiration date, after which he will be able to continue working if another employee has not yet been invited to replace him. At the same time, he must familiarize himself with the invitation for the replacement in advance and obtain his consent.

Possible reasons for terminating the contract

The reason is directly what prompted the termination of the contract. There can be several of them, and depending on the situation, they can be very different. You can terminate the contract for any reason; you only need to notify the employer in writing two weeks in advance.

All the reasons for dismissal of their own free will are not described in the legislation - in fact, an employee can leave without a reason. First of all, working off will depend on the reason - that is, the period during which you will need to continue to do your job after filing an application.

Indication of the reason in the application

It begins with a statement. Note that it is not at all necessary to indicate the reasons in the application, in contrast to the old norms of the legislation, according to which this was required.

However, sometimes it is necessary to indicate the reason, since it is necessary to do without working out. For example, such a need may arise if:

I would like to receive a payment on the day of writing the application;
the employee needs an entry in the work book that he quit for a good reason, since then this will give the right to receive any benefits or allowances.

Dismissal notice period

Dependence on the reason for dismissal

The standard warning period is two weeks.

Until they expire, it will be necessary to continue working, and only after that there is an opportunity to quit. However, if the application is submitted for a valid reason, then you can quit right away. And if it is not there or it does not belong to the respectful, then the scheme will be as follows:

The employee draws up a letter of resignation of his own free will.
Completes the two weeks required by law.
and leaves the workplace - he no longer bears any obligations to the employer. Note that the employer cannot force him to continue working and threaten him with anything. In particular, there are often cases of threats not to give the work book - this is a violation of the law and must be suppressed.

List of good reasons

What are the reasons, according to the Labor Code, are considered valid?

The employee can no longer continue to work - first of all, this means here. Sometimes pensioners continue to work, and yet retirement upon reaching the appropriate age is an inalienable right of every citizen, and if this age is reached, and he wants to go on a well-deserved rest, then the reason is undoubtedly considered valid. In addition to pension, it can be different - for example, admission to an educational institution.
Violation of labor legislation by an employer - this may be a violation of an agreement with this particular employee, a collective agreement, and so on.
Sending a spouse to a service or job outside the country.
The emergence of the need to move.
The employee has developed a disease that interferes with the current type of activity or living in the area where the work is located.
He takes care of a sick family member or a disabled person who prevents the continuation of work.
A child under fifteen years of age must be cared for.

To leave work without a term of employment, a valid reason must be confirmed by some document.

As we have already indicated, prior to 2002, in order to break, it was required to have a good reason, and without it it was impossible to do this. Until 2010, its presence was required in order to maintain continuous work experience. Now the pension legislation has changed again, and seniority has lost its former meaning, therefore, the validity of the reason is now important exclusively for working off, and the employee will not lose anything by quitting without specifying it at all - it will simply be necessary to work for two weeks. And if you manage to agree with the employer, you may not even have to.

Respectful reasons for dismissal of their own free will have been sorted out, now it is worth paying attention to disrespectful ones - mainly those of them that are sometimes mistaken for respectful. These include:

Admission to part-time education - please note that only admission to full-time education is considered a valid reason for dismissal.
Reluctance to work out a two-week period.
Lack of understanding with management.
Illness, not confirmed by a medical certificate.
without deviations in health.

A reference to any such reason does not give the right to do without working off, if the employer needs it and, if you do not want to complicate your search for the next job, you should still spend another two weeks at the workplace.

Another important point related to the reasons for dismissal is their statement in the resume. Since a resume is important for finding the next job, some reason is usually indicated, not related to possible conflicts, complaints from superiors, and the like. If certain claims to work are indicated, then they must be of a practical nature, for example, dissatisfaction with the level of wages or the lack of further career prospects.

Labor enrollment

The outcome of a legal dispute over seniority in the future or another similar dispute may depend on the entries in the work book.

This is an important document, and therefore the entries in it need to be given great attention. And in case of dismissal of his own free will, the employee should make sure that accurate entries are made in it that correspond to the TC.

The entry should not refer to article of the Labor Code of 80, but to article 77, paragraph 3, the wording - "dismissed of his own free will" or "at the initiative of the employee." We analyze this issue separately because such an error occurs all the time. If you find that it has been committed in your case, you need to immediately demand to add a record about the invalid link to article 80, and then add a new link, the correct one. And one more nuance: they must be entered without abbreviations. Abbreviations are another common mistake.

The Labor Code contains quite a few reasons for dismissing an employee. However, an employee who does not want to leave his workplace and complies with the terms of the employment contract can safely continue to work. But still, sometimes there are cases when the dismissal is made for reasons beyond the control of the parties.

What do you need to know?

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An employer cannot fire an employee for no reason or because of personal animosity.

If the reason for dismissal does not correspond to reality, then this is considered an offense, and the employee has the right to appeal to special labor protection bodies.

All issues, including the reasons for dismissal, are regulated by the Labor Code and Federal Laws.

The legislative framework

The main law that regulates the relationship between the management and the employee is Federal Law No. 197 of 12/30/2001.

As for the dismissal itself, it says that its procedure is established by the federal authorities.

An employee's own desire is the most popular reason for leaving work.

In order to be able to leave for their own reason, the employee must independently make up for leaving. The advantage is the fact that the document does not have a specific form, which means that it can be filled out in any order.

However, the general rules, although not so strict, are still available:

the application should begin with a header, in which you must contact the head of the company directly;
the text of the application should be as short as possible and state the main reason for dismissal;
after the main text, you must put down the date of filling, as well as the personal signature of the employee.

The advantage of this method of dismissal for the employee is the fact that the action cannot be challenged by the employer.

This means that if the employee has already submitted an application, then the employer is obliged to accept it and begin the dismissal procedure.

The procedure is given 14 days from the end of the day on which the document was read.

Within two weeks after the acceptance of the application, the process of paperwork and the calculation of compensation lasts. At this time, the employee works out his hours at the workplace.

After the fourteen-day deadline has passed, the day of dismissal comes.

Upon dismissal of his own free will, the employee is paid the salary on the day of dismissal.

He is also given a work book, in which a record of dismissal is made with reference to paragraph 3 of Art. 77 of the Labor Code of the Russian Federation.

At the initiative of the employer

There is also this type of layoffs when. Moreover, if an employee has the right to name any reason for leaving, then the boss in this regard is still limited by the framework.

When dismissing on his own initiative, the employer must take as a basis the second paragraph 77 of article of the Labor Code of the Russian Federation, which has references to 71 and 81 articles of the Labor Code of the Russian Federation.

The legislation provides several reasons that allow an employer to fire an employee without his consent:

the employee did not meet expectations on time;
systematic violations of the terms of the employment contract, as well as industrial discipline by the employee;
in the event of a change in the management of the company;
among the personnel of the organization;
the qualifications of the employee do not correspond to the proper level;
violations by an employee, resulting in injury and other harm to the health of colleagues or company property;
disclosure of information that is a trade secret or personal data of employees;
four hours late for work, which, according to the law, translates into a status.

The director of the organization may also be dismissed under such an article. In addition to the above reasons, he may lose his position if he makes a mistake in any action or decision, which will entail serious consequences in the form of damage to company property or employees, as well as material losses.

By agreement of the parties

There are also situations when the employer and the employee decide to find a compromise when dismissing the latter. In this case, the transaction is concluded between the parties.

It can be verbal in nature, however, in order to avoid conflict situations, it is recommended to additionally draw up a written document. It will stipulate all the main points: from the term of work to the need for payments and their amounts for the employee.

Dismissal by agreement is made on the basis of a written document and paragraph one of Article 77 of the Labor Code of the Russian Federation, which refers to Article 78 of the Labor Code of the Russian Federation.

In the case of an agreement, the initiative leading to the dismissal can be shown by both the employee and the employer.

Downsizing

Downsizing is considered to be one of the most unpleasant reasons for dismissal. This type of dismissal refers to the initiative of the employer.

In the event of a layoff, the employee who has fallen under it must be warned at least two months before the dismissal.

Therefore, when familiarizing yourself with the reduction order, you must pay attention to the date set. Each downsized employee on an individual basis must receive a notification against his personal signature.

In the event that there are vacant jobs, but in other positions, the Labor Code of the Russian Federation requires the possibility of providing them to downsized employees. Such vacancies may be offered upon notification, during a two month period.

On the day of dismissal, in addition to compensation, severance payments are included in payments. Their size corresponds to the average salary.

Unlike compensations, such payments are made not once, but within two months.

In case of redundancy, the employer does not have the right to dismiss:

pregnant women;
women whose child has not reached the age of three.

Also, productive workers with a high level of qualifications are rarely laid off. In the event of difficult choices, the employer gives preference to employees with families, especially if they are the only source of income. Also, people who have been injured through the fault of the employer or during hostilities may remain at work.

Without working off

There is an opportunity to quit without working off. You can get it in several ways.

First of all, there are two categories of persons who have the ability to avoid work when they are fired:

caring for any of the relatives due to the latter's illness;
dismissed due to departure with their spouse, who was sent on a business trip.

But there are other ways as well. So, for example, it is possible to agree on the reduction of working hours when drawing up an agreement between the parties. The period can be adjusted within the range from 1 to 14 days.

Also, a person who is on sick leave or who is dismissed due to retirement can be exempted from working off.

You can also try to leave without working off at the expense of unused vacation. In this case, a vacation application is drawn up with subsequent dismissal. However, the possibility of making the final decision still remains with the employer.

Other

Not all the reasons for dismissal from work are listed above. There are also other, rarer reasons.

These, for example, include situations when an employee leaves for transfer to another company. In this case, the procedure is similar to dismissal of your own free will.

Except for one "but" - in this situation, the employee does not have to work two weeks at the old job and pass the probationary period in a new place.

In addition, there are reasons beyond the control of the parties that may lead to the dismissal of an employee. These include the bankruptcy of the organization. Then all employees quit, depending on the working conditions.

In addition to compensation, they can receive severance pay for two months.

Registration procedure

Dismissal registration almost always occurs according to the standard scheme:

The employee draws up a statement or negotiates the terms of the agreement with the employer.
An order is issued based on documents and articles from the Labor Code of the Russian Federation.
The order is sent to the accounting department, after which it is handed over to the employee for review under the signature.
After working off (if it is required), the day of dismissal comes, when the employee receives a work book and all the calculated payments in his hands.

The documents

It doesn't take a lot of paperwork to fire employees. To start the process, a statement from the employee, an agreement of the parties or a notice of redundancy with the signature of the employee is enough.

On the basis of these documents, orders of dismissal are created, drawn up in the "T-8" and "T-8a" forms, which differ in the possibility of dismissing one or several employees, respectively.

The timing

In 2019, the time between filing documents and dismissal depends on the reason for terminating the employment contract. So, upon dismissal of his own free will, the employee, with some exceptions, undertakes to work for two weeks.

When drawing up the agreement, the term is chosen in an alternative version, which will suit both the employee and the boss.

In the case when an employee is dismissed at the request of the employer, then the period is reduced to 3 days. The same working period arises for those who leave during the probationary period.

Payouts

For any reason for dismissal, the employee is entitled to payments in the amount of compensation for unused vacation, as well as wages for the period worked after the last accruals.

Also, if the collective agreement contains conditions for the availability of additional payments, then they must also be provided to the employee.