Form T-8 is nothing more than a unified written order to dismiss an employee according to a standard established template. This document is drawn up on the basis of a written statement from the employee about the desire to terminate the employment relationship with the employer. This statement must be written at least two weeks before the employee finally leaves his place of work.
It should be noted that the T-8 form is not strictly required when drawing up a dismissal order; each organization can develop its own form or write this document in free form.
The main thing that, in any case, should be contained in it is the name of the company, personal data of the person being dismissed, the reason for dismissal (according to the Labor Code of the Russian Federation), the signature of the director (or an authorized person) and the signature of the employee.
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Reasons for terminating employment contracts
Employees decide to leave their jobs for various reasons. But all the diversity of their everyday situations can be reduced to ten articles of Chapter 13 of the Labor Code of the Russian Federation. According to its provisions, the grounds for terminating a contract with an employee are as follows:
- agreement of the parties (voluntary and mutually beneficial) – Article 78;
- expiration of the contract – Article 79;
- the desire of the worker - Art. 80;
- on the basis of transfer to another company or to an elected position;
- refusal to continue work due to a change of business owner (Article 75), significant changes in working conditions (Article 76);
- medical indications (progressive chronic disease, disability, information is presented in the form of certificates) – Article 73;
- initiative of the employer (liquidation of business, reduction of personnel, guilty actions of a hard worker) – Article 71 and;
- circumstances beyond the control of the parties (natural disaster, man-made disaster, making continuation of work impossible) – Article 83;
- violation of the rules for concluding an agreement in relation to employees (if it interferes with the full performance of duties) – Article 84.
The above list is closed, therefore the order to terminate an employment contract as a basis for dismissing employees must contain one of the reasons mentioned above.
It is prohibited to refer to several articles of the Labor Code of the Russian Federation in this document.
Nuances of filling
Regardless of whether the organization used its right to create its own order forms, the following details must be included in the document:
- document name - order;
- Date of preparation;
- name of the employing organization;
- description of the event;
- the position of the person who performed the operation;
- signatures of responsible persons with their transcript.
You must also indicate:
- Full name of the person being dismissed;
- the position he holds;
- Personnel Number;
- immediate date of dismissal.
The date of dismissal of an employee must be the last working day of the dismissed person, on which the employee receives a work book.
The reason for dismissal is best formulated as indicated in the table. After stating the reason, we put a comma and write down the number of the article of the Labor Code of the Russian Federation corresponding to the reason for dismissal.
Examples of required attached documents (grounds for dismissal) can also be found in the table.
| Statement of the reason for dismissal | Under what article of the Labor Code of the Russian Federation | Basis (what document is presented) |
| By agreement of the parties | According to paragraph 1 of Article 77 | Agreement No. 2 on termination of the employment contract dated November 12, 2015 |
| Due to the expiration of the employment contract | Under paragraph 2 of Article 77 |
|
| At the employee's own request | Under paragraph 3 of Article 77 | Personal statement of Zelenkov E.N. |
| Due to the liquidation of the organization | According to paragraph 1 of Article 81 | Founder's decision Protocol No. 3 dated March 29, 2016. (court decision, etc.) |
| Due to staff reduction | According to paragraph 2 of Article 81 | Order No. 32 of 04/15/16 |
| Due to health conditions in accordance with a medical report | According to subparagraph a) of paragraph 3 of Article 81 | MSEC Conclusion No. 34 dated 04/13/16 |
| Due to insufficient qualifications confirmed by certification results | According to subparagraph b) of paragraph 3 of Article 81 | Minutes of the certification commission No. 4 dated 03/11/16 |
| Due to a change in ownership of the organization’s property | According to paragraph 4 of Article 81 |
|
| For repeated failure by an employee to perform labor duties without good reason | According to paragraph 5 of Article 81 |
|
| For absenteeism | According to subparagraph a) of paragraph 6 of Article 81 | Act on absence from work No. 78 dated 01/22/16 |
| For appearing at work while intoxicated | According to subparagraph b) of paragraph 6 of Article 81 |
|
| For disclosing a secret protected by law | According to subparagraph c) of paragraph 6 of Article 81 |
|
| For committing theft of someone else's property at the place of work | According to subparagraph d) of paragraph 6 of Article 81 | Resolution on imposing administrative punishment |
| For violation of labor protection requirements | According to subparagraph e) of paragraph 6 of Article 81 | Work accident report |
| Due to loss of trust | According to paragraph 7 of Article 81 | The court's decision |
| In connection with the employee committing an immoral offense incompatible with the continuation of work | According to paragraph 8 of Article 81 | Protocol of arrest for being drunk in a public place |
| In connection with the adoption of an unreasonable decision that resulted in damage to the organization’s property | According to paragraph 9 of Article 81 | Certificate of inspection of the organization by the tax authority |
| In connection with the unlawful use of the organization’s property | According to paragraph 9 of Article 81 | Certificate of inspection of the organization by the tax authority |
| For a single gross violation of one’s job duties (ignoring fire safety rules) | According to paragraph 10 of Article 81 |
|
| In connection with the provision by an employee of false documents when applying for a job (providing a false diploma of higher education) | According to paragraph 11 of Article 81 |
|
| Due to termination of access to state secrets | According to paragraph 12 of Article 81 |
|
| For exceeding official authority | According to paragraph 13 of Article 1 | Agreement No. 43 dated December 21, 2015, concluded with abuse of authority |
| Due to unsatisfactory test results | According to paragraph 14 of Article 81 | Presentation from the immediate supervisor dated 04/12/16 |
| Due to transfer to another company | According to paragraph 5 of Article 77 |
|
| In connection with the transition to an elected position | According to paragraph 5 of Article 77 |
|
| Due to refusal to continue work due to a change in the owner of the organization’s property | According to paragraph 6 of Article 77 |
|
| Due to refusal to continue work due to changes in significant working conditions | According to paragraph 7 of Article 77 |
|
| Due to refusal to transfer to another job due to health conditions | According to paragraph 8 of Article 77 |
|
| Due to refusal of transfer due to the employer's relocation to another location | According to paragraph 9 of Article 77 |
|
| Due to conscription for military service | According to paragraph 1 of Article 83 |
|
| In connection with the reinstatement of an employee who previously performed this work | Under paragraph 2 of Article 83 |
|
| Due to non-election to the position | According to paragraph 3 of Article 83 |
|
| In connection with a sentence that precludes continued work | According to paragraph 4 of Article 83 |
|
| In connection with the recognition of the employee as completely disabled in accordance with a medical report | According to paragraph 5 of Article 83 | MSEC Conclusion No. 65 dated 02.25.16 |
| Remove from the list of personnel due to death | According to paragraph 6 of Article 83 | Copy of death certificate |
| Due to emergency circumstances | According to paragraph 7 of Article 83 | Resolution No. 43 of 02.23.16 |
| Due to a violation of the rules for concluding an employment contract, the presence of medical contraindications to performing the assigned work at the time of concluding the employment contract | According to paragraph 11 of Article 77 | MSEC Conclusion No. 65 dated 02.25.16 |
| Due to recognition of an employee as missing | According to paragraph 6 of Article 83 | Court decision No. 534 of 03.21.16 |
Is a bypass sheet required?
From the point of view of the Labor Code of the Russian Federation, signing a bypass sheet recording the absence of financial and other claims against the person resigning is not necessary. But in many organizations, especially large ones, it is customary for an employee to pay a visit to the heads of departments and collect their signatures on a document before leaving.
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The employee’s immediate supervisor is the last person to sign on the walk-through sheet. The presence of his visa means that the dismissed person handed over the inventory items registered with him, paid off his obligations to the company and duly transferred all information and files. After this, you can submit to him for review the order of dismissal at your own request.
Familiarization of the employee with the document
The norms of the Labor Code of the Russian Federation require that an employee familiarize himself with all personnel orders relating to him, against a signature. It's his right. Putting a date and a handwritten signature on the order after reading it means that the employee has carefully studied the document and has no objections to the content.
Sometimes an employee who leaves the organization against his own free will, for example, due to disagreements with management, refuses to sign the order. This is also his right. But in such a situation, the HR specialist is obliged to invite at least two witnesses and read out the contents of the document in their presence. After this, an act of refusal to sign is drawn up, which is stored in the employee’s personal file along with the order.
The absence of an act gives the dismissed person a reason to contact the labor inspectorate with a complaint about the arbitrariness of the company. If the inspectors see violations in the actions of the personnel officer, the order will be canceled, and the employee will be reinstated in his position with payment of salary for all days of forced absence.
Form of order for dismissal of employees
Usually orders are issued according to prescribed forms. Termination of an employment contract must be formalized using a unified document. For this purpose, by order, the T-8 form is used. Some personnel officers mistakenly believe that the use of this form is not necessary, since the corresponding order became invalid back in 2013 and is no longer used.
Fact
The dismissal order can be found here.
In principle, each organization has the right to develop its own version of the dismissal order, approve it by internal regulations and use such orders in everyday business. The main thing is that they comply with the requirements of Article 9 of Law No. 402-FZ. However, there is no need for such actions, since the T-8 form contains all the necessary fields to record the specifics of termination of a working relationship with a specific employee.
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If you still decide to use your own form, then it must contain:
- Company name;
- Full name and position of the person being dismissed;
- grounds for terminating the contract;
- date of document preparation;
- executive visa;
- the employee’s signature indicating agreement with the contents of the order (he must be familiarized with the order).
- seal of the organization in the order (optional).
The content of the “dismissal” order must necessarily be based on a written statement from the employee who wishes to terminate the employment relationship with the employer. Therefore, the personnel officer must link the reason indicated in the application with the list of reasons for terminating the working relationship provided for by the code. Therefore, the basis for resigning of your own free will must be formulated in the order in accordance with one of the articles of Chapter 13 of the Labor Code of the Russian Federation.
Where to download the order template
Uniform forms of such orders do not necessarily have to be used by all employers. However, in the field of personnel records management, most employees prefer to adhere to them rather than write an order in free form. You can see samples in the resolution of the Russian State Statistics Committee regarding the approval of unified forms. There are two examples here, one of which (T-8) is used to dismiss only one person from work, but if this process is intended for several people, it is better if the T-8a form is issued.
Issuance of an order
In most organizations, an order to terminate an employment contract with employees is drawn up by a personnel service employee. In small firms, the responsibility for compilation is often assigned to someone from the accounting department. If necessary, it can also be issued by the director of the company.
Fact
A sample of a voluntary dismissal order can be found here.
The data from the order is transferred to the employee’s personal card, as well as his work book, where they must be certified with the company’s seal.
The shelf life of the order, like any other archival personnel documentation, is 75 years.
Questionable place on the T-8 form
Filling out the form is quite simple. Difficulties usually arise in only one place - where it is written:
Terminate the employment contract from such and such date No. (number)
Fire on such and such date (cross out what is not necessary)
Inexperienced personnel officers are perplexed: what exactly needs to be crossed out and why? If you cross out the first line, it turns out that the employee was fired, but his employment contract continues to be valid. If you cross out the second line, it turns out that the dismissal did not take place at all.
In fact, both of these lines of the order need to be filled out. It is important to indicate which contract is terminated by order (for this, indicate the number of the contract and the date of its preparation), and the date on which the employee is dismissed.
The need to “cross out unnecessary things” exists only in one single situation – when an employment contract is terminated due to the death of an employee.
You can't fire a dead person. In this case, it is enough to cross out only the word “dismiss” without affecting the date . The first line is never unnecessary.
Guidelines for completing the form
In their daily activities, HR officers most often face dismissal under Article 80 of the Labor Code of the Russian Federation. An order for dismissal at one's own request is drawn up according to unified rules and can be issued on the same T-8 form.
Fact
The T-8 dismissal order form is available here.
The sequence of actions that allows you to correctly prepare an order to dismiss a worker:
- Select a suitable filling template.
- Make sure that the employee’s application or other document according to which the contract is terminated is drawn up in accordance with all the rules.
- Decide on a document template (form accepted by the organization, T-8 or T-8a).
- Find the dismissal order form
- Fill out the header of the document: enter the name of the organization, its legal status (it is acceptable to use an abbreviated name).
- Assign a number to the order based on the company’s document flow rules.
- Enter the last day of work.
- Indicate the date and number of the document to be terminated.
- In the line just below, enter the employee’s data in the genitive case, indicate his personnel number and previously held position.
- Write down the subparagraph, paragraph and number of the article of the Labor Code of the Russian Federation on which the order is drawn up: dismissal at will, agreement of the parties, termination of the contract or for another reason.
- Indicate the reason: in accordance with the employee’s statement, director’s order, medical report or other document.
- Sign the order from the manager or person charged with the responsibility for the corresponding actions.
- Familiarize the dismissed person with the document, give him a copy of the order or act recording the refusal to familiarize himself with the document (if necessary).
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If the company's accounting is kept using 1C software, you will not need to look for a dismissal order form. If the fields of the electronic form are filled out correctly, the printed document will comply with significant legal requirements.
You can download a free current example of a dismissal order here.
Signatures of the parties
After entering the basic information, the order must be submitted for approval to the director of the enterprise, who, with his signature, gives the order legal force.
And after signing by the head of the organization, the order must also be familiarized to the employee against signature. If the employee’s signature is missing from this document, the employee can subsequently challenge his dismissal in court.
If there is a trade union body at the enterprise, you should also put its mark on this form.
After completing the T-8 form, the first copy of the order remains in the organization’s archive, the second is sent to the accounting department, where the final financial settlement with the employee is made.
If the employee was a financially responsible person, then this order must be accompanied by a document stating that there are no material claims against him.
In addition, if a former employee wishes to receive copies of internal documents related to his work at the enterprise (orders of employment, transfers to other jobs, etc.), they must be issued within three days from the date of writing the resignation letter. All copies must be certified by responsible persons.
Is it possible to cancel a manager’s dismissal order?
Cancellation of a previously issued order is possible at will:
- employer - if the manager changes his mind about dismissing the offending employee, choosing a different punishment option, or there is no longer a need for layoffs;
- employee - if an order to leave the company at his own request has already been issued, a sample bypass sheet has been given to the employee, but he has changed his mind about leaving his home.
In both cases, the personnel officer will have to issue an order. The reason for canceling the document will be the fact that the employee withdrew his application.
To issue an order canceling the dismissal order, you will have to either download a suitable form or draw up this document yourself in a free format. In any case, the document must:
- indicate the name of the organization and the date of issue of the order;
- refer to the previous order to break the TD;
- specify the reasons for canceling the written order, for example, the employee’s desire to continue his employment relationship with the company.
Nuances that HR managers should know about
Although the form of the order for voluntary dismissal has not changed for quite some time, some specialists continue to make mistakes when drawing up a document on termination of an employment agreement. Among the most common flaws:
- Incorrect form of document. Sometimes a personnel officer cannot find a standard dismissal order and manages to download the wrong form (for example, he uses the T8a format, intended for issuing orders to terminate an agreement with several employees on the same day).
- The date of dismissal is indicated incorrectly. An inexperienced personnel officer who uses an order to dismiss from the organization at his own request forgets that the last working day will be the day of dismissal. If the employee wrote in the application: “I ask you to fire me on November 20, 2019,” then this date must be indicated in the order. If it says: “I request your dismissal from November 20, 2019,” then the last day of work will be November 19, 2019.
- Lack of agreement with the trade union. If the enterprise has such a body, you will have to coordinate with it the dismissal at the initiative of the employer. An order to dismiss an employee at his own request, a sample of which was presented above, does not need to be signed by a trade union representative.
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The transfer of cases
When parting with an employee, you need to think about the people who remain and who will share the workload of the person being dismissed. If an employee leaves after completing all his business, the employer only has to issue a regulatory document, issue an employment certificate and pay off his former employee.
It’s another matter when a person writes a statement and leaves without finishing what he started. By law, the employer has two weeks to organize the process of transferring the affairs of the dismissed employee. For this purpose, the employer needs to issue an order on the transfer of cases upon dismissal:
- deadlines for transferring cases;
- responsible persons who will take over unfinished business from the dismissed person.
The form of the order is free, the goal is to prevent organizational disorder, so that the remaining employees know and understand what tasks and functions they will have to complete for their former colleague.
