An entry in the work book about voluntary dismissal is one of those work moments in which it is most important to comply with all legal requirements and take into account the nuances. After all, a mistake made when preparing this personnel document can lead to serious legal liability. Let's try to figure out what wording of entries is approved by law and what is the procedure for making them. Let's look at how to make an entry in the employment record about voluntary dismissal, using examples.
Despite the fact that the Labor Code of the Russian Federation quite fully regulates the issue of drawing up personnel documentation, personnel workers often encounter problems in this area. First of all, they are related to the contradictions that exist in the Labor Code of the Russian Federation and the Instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69. What to do in this case and how to correctly write that the employee no longer works in organizations? Let's look at a sample dismissal entry in the 2020 work book (and not just one, but three).
Normative base
Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation”
Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On Work Books” (together with the “Rules for maintaining and storing work books, producing work book forms and providing them with employers")
Resolution of the Ministry of Labor of Russia dated October 10, 2003 N 69 “On approval of the Instructions for filling out work books”
Is it possible to withdraw an application?
Based on Article 80 of the Labor Code of the Russian Federation, an employee has the right to withdraw an application within a two-week period. This is possible if another person has not been accepted in writing to replace the subordinate and who, at the legislative level, cannot be denied employment.
If the date of dismissal is indicated before the end of 14 days, then the subordinate can withdraw the application before the deadline specified in the document.
For your information:
The application can be withdrawn both in writing and orally. However, it is recommended that you document your intention to continue working in your current position to avoid disputes.
The employee can make a corresponding entry on the application or send the employer a separate document notifying him of the withdrawal of the resignation letter.
Which legal acts establish the rules?
The procedure for terminating a working relationship is regulated by Chapter 13 of the Labor Code of the Russian Federation. The grounds for termination of the contract are provided in the following legislative acts:
- The articles of the Labor Code of the Russian Federation (Articles 77 - 84.1 of the Labor Code of the Russian Federation) contain information on termination of the contract. Termination of its validity and registration of a work book upon dismissal at the employee’s own request is considered in Article 80, at the initiative of the employer - in Article 81. The grounds are presented in Article 77 of the Labor Code of the Russian Federation;
- in federal laws. For example, for civil servants the issue of dismissal is regulated by law dated July 27, 2004 No. 79-FZ.
It should be remembered that for certain categories of employees, for example:
- Foreigners;
- athletes;
- scientists -
The grounds for termination of labor relations are provided for in separate provisions of the Labor Code of the Russian Federation.
How to write correctly: fired or employment contract terminated?
Resolution of the Ministry of Labor of Russia No. 69 of March 10, 2003 contains two formulations that are acceptable when entering information about the dismissal of an employee in personnel documents:
- fired;
- the employment contract was terminated.
However, in Art. 84.1 of the Labor Code of the Russian Federation, which is higher in importance, there is an indication to enter information about the termination of the agreement with precise wording in accordance with the Labor Code of the Russian Federation. This means that the employment contract can be terminated. Regardless of the basis, any of the presented formulations can be used.
However, when the relationship between the parties is terminated on the initiative of one of them, when reaching an agreement, the wording “dismissed” or “employment contract is terminated” is often indicated. If any event occurs that is independent of the will of the parties, the interpretation of “the employment contract is terminated” is applied.
For example, if it is related to the death of an employee, the entry “dismissed” sounds less correct than the alternative. In this case, “the employment contract has been terminated” does not express the initiative of any party to end the production relationship, but rather indicates the occurrence of an event independent of the will of the parties.
Grounds for dismissal
The most popular grounds for dismissal are:
- at your own request;
- in order of translation;
- due to staff reduction;
- in connection with retirement;
- in connection with conscription for military service;
- due to violation of labor laws.
In different cases, entries in the work book are made differently. We have prepared a sample entry in the employment record for voluntary dismissal for 2021. But we will still describe in detail how to make the correct entry in the work book upon dismissal, what and how to write in each column.
Can an employer refuse to accept a resignation letter on its own?
Important
According to paragraph 1 and paragraph 2 of Art. 37 of the Constitution of the Russian Federation, labor is free. Failure by the employer to accept the application is regarded as a violation of current legislation.
The manager is obliged to accept the application. If there are suspicions in this matter, you can send a letter of resignation by mail with an inventory, and also take it personally to the department of the organization responsible for accepting correspondence. Thus, the employee will have confirmation that the manager has received his request.
For your information:
If the manager fails to act, the employee may file a petition in court to protect his rights.
Rules for making an entry
According to the Rules for maintaining and storing books, all entries in the columns of the form must be made on the basis of the order of the employer. This rule also applies to information about termination of the contract. The content of the entries in the columns must repeat the wording from the order (clause 14 of the Rules). Information about the termination of the contract is entered into the form of the dismissed employee on the day of his departure from the organization.
The procedure for making entries in the form is discussed in detail in the Instructions for filling out books, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69. Let's consider the sequence in which the entry on the termination of a working relationship should be made in the form (clauses 5.1-5.6 of the Instructions):
- In the first column of the “Work Information” section, the entry number is entered in order (you can use the sample work book below with a record of voluntary dismissal).
- In the second, the date (day, month, year) of entering information about the termination of the contract is indicated in Arabic numerals.
- The third indicates the basis for termination of the contract with reference to an article of the Labor Code of the Russian Federation. An example of an entry in a work book about voluntary dismissal reads as follows: “Dismissed of my own free will, paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation.”
- In the fourth, it is necessary to indicate the details of the order to terminate the working relationship.
- Information entered into the employee’s form during his work in the organization is certified by the signature of the responsible person and the seal of the organization (if there is one).
- As a sign of familiarization with the record, the employee puts his signature and indicates his last name with initials.
Based on the example of a dismissal entry in the work book, you can make the correct entry on the employee’s form.
Is the employee's signature required?
All entries made are certified by the signature of the employee. It must be placed at the very bottom after information about the reasons and grounds for termination of the working relationship. In addition, the entered data is signed by the head of the organization or another specialist who has the right to record information in the personal document of employees and sign it.
A stamp is placed under the entry if available.
Dismissal by transfer: entry in the labor record
An employment contract with an employee is sometimes terminated due to his transfer to work for another employer (clause 5, part 1, article 77 of the Labor Code of the Russian Federation). An employee can transfer to work for another employer:
- at your own request;
- at the initiative of the employer (both current and potential), in this case, dismissal by transfer is formalized only with the written consent of the employee.
We offer an example of how to make an entry in the work book about dismissal when transferring to another place of work:
Where to go if there are no admission and dismissal marks?
The employer is obliged to enter the relevant data into personnel documents when hiring an employee, dismissing him or other events that require recording.
However, missing entries may be due to several events:
- the employer did not enter the data;
- the employee has lost or lost his work book.
In the second case, the employee has the opportunity to restore the records. To do this, you should contact your previous places of employment.
If the employer has not made any entries at all, the employee has the right to appeal to the following authorities:
- Labour Inspectorate;
- court;
- prosecutor's office
First, you should ask the management of the organization to correct the situation. If this was not possible, then it is advisable to write a complaint or claim to the listed authorities.
How to dismiss on the initiative of an employee
Filling out a work book when leaving voluntarily in 2021 has a number of nuances. When it is necessary to make an entry in the work book upon dismissal of one’s own free will, the wording in column 3 “terminated employment contract” and not “dismissed of one’s own free will” is appropriate. Some lawyers recommend that when recording voluntary dismissal in the work book, write: “at the initiative of the employee,” since it corresponds to the wording given in the law. We offer you to look at several examples of filling out a work book when leaving at your own request.
General rules for filling out a labor form
There are a number of legislative acts that regulate and establish general norms and rules for maintaining work books for various reasons:
- The Labor Code of the Russian Federation is the main legislative act regulating the relationship between an employee and an employer;
- Resolution of the Ministry of Labor of Russia No. 69 of March 10, 2003. It sets out the basic standards for filling out work books, including when an employee is dismissed.
The “General Provisions” section of this document contains the basic rules that must be observed when making entries:
- use of Arabic numerals in the format “day and month – two-digit number, year – four-digit number” when entering any dates. For example, if an employee was fired on May 5, 2021, the date entry should be “05/05/2015”;
- It is acceptable to use a blue, black or purple pen;
- be sure to enter the entry carefully;
- the use of abbreviations is unacceptable;
- It is permitted to use each column solely for entering data intended for its day.
Expert opinion
Irina Vasilyeva
Civil law expert
According to the Resolution, if there is a record that is subsequently declared invalid or canceled by a court, the employee has the right to receive a duplicate of the document without the corresponding record.
When documents are issued to an employee
A frequent question from employees: when should they hand over their work book upon dismissal? The deadline for issuing a work book to a dismissed employee is clearly established: after a record of dismissal is made in the work record (at his own request or not, it doesn’t matter), the employer is obliged to hand over the form to the citizen on the last day of work.
Sending a work book by mail upon termination of an employment relationship is possible only with the consent of its owner, which must be in writing. This is practiced if the employee warns the employer in advance that he will not be able to be present at the workplace on the day of termination of the contract. This is used if the company's main office is located at a considerable distance from the department in which the person works.
The form must be returned to the owner on time. What to do if a dismissed employee does not show up for him on time? Failure to issue a work book upon dismissal threatens the employer with trouble in the form of a fine of up to 50,000 rubles. To protect himself, the head of the company should send a notice to the former employee by mail asking him to pick up the form from the company’s human resources department or agree to have it sent by mail. This must be done on the last working day of the departing employee.
If the employee does not appear for the form on his own, he has the right to turn for help to a person he trusts - a close relative or co-worker. After registering a power of attorney with a notary, your friend will be able to receive his document from the HR department.
Only after the dismissed employee has received his work book with a notice of dismissal in the appropriate column is this difficult matter put to rest.
Payments due upon dismissal
The dismissed person must receive all payments due to him on the day of dismissal. These include:
- salary;
- compensation for remaining vacation;
- allowances that are provided for in collective and labor agreements.
Attention
If a former employee took vacation in advance, then vacation pay is recalculated, and the excess amount is deducted from the calculated funds.
If a subordinate is not present at work on the day of dismissal and therefore does not receive full payment, he can claim it on any subsequent day. Also, money can be transferred personally or by transfer to a card. In the application, the employee can indicate a convenient way to receive payments.
Changing the cover page
The data on the title page needs to be adjusted if any information about the employee has changed (for example, the person changed his last name, received an education, etc.). This is done as follows.
If we are talking about personal data (full name, date of birth), then the previous entry is carefully crossed out with one line, and new information is entered above it (or next to it). At the same time, the details of the document on the basis of which the changes were made are indicated on the inside cover. The entry on the cover is certified by the signature of the employer or the person authorized to maintain the books, as well as the seal of the organization (entrepreneur) or the personnel service, if such a seal is available.
Information about education, profession or specialty is adjusted differently. If the corresponding field has not been filled in, then you simply need to enter data based on the document submitted by the employee. If the “educational” columns have already been filled in, then new information supplements them, and does not replace them. This means that the employer adds information about the new education, profession or specialty, without crossing out the previously indicated ones.
REFERENCE. Correction of errors made when filling out the title page occurs in a different order (see the chapter below “How to correct an error in a work book”).
Formulation
It is the wording that most often creates difficulties in maintaining information about a document. Such difficulties may arise due to the lack of certain rules or requirements for the use of certain words in this formulation.
Legal and recommended phrases when filling out may be the following:
But when choosing this or that wording, it is necessary to take into account the specific situation and the compatibility of this or that phrase.
For example, when recording a deceased person in a document, it would be incorrect to use the word “dismissed”, but other options are appropriate.
At the initiative of the employee
If an employee is dismissed at his own request, the entrepreneur has nothing against it, there are no complaints or disagreements, then they indicate in the document: “dismissed at his own request.”
If such a decision is facilitated by special or exceptional circumstances, as well as advantages, for example, the transfer of a spouse to a new place of work, then this is also indicated in the third column.
Agreement of the parties
Sometimes the reason for the break in industrial relations is an agreement of the parties, in which the employer and employee agreed on all the conditions of the break, the last working day and other points.
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Liquidation of an enterprise or organization
A branch can be liquidated only at the request of the owner, whose initiative is the reason for the termination of business relations.
In the third column, the basis is written - termination of the existence of the individual entrepreneur or liquidation of the organization.
When staffing is reduced
Often, a breakdown in industrial relations occurs on the basis of staff reduction, when the employer reduces the number of employees in a particular department, or an entire division of the enterprise.
In this case, it is indicated that this need occurred due to a “reduction in the number and staff of employees.”
If you refuse to transfer to another position or to another location
A person may refuse to be transferred to another position or move to another area along with the company because of his health, which does not allow this, or because of the poor health of one of the family members.
Such a reason may be the family’s refusal to change their place of residence, a small salary, or unsatisfactory working conditions.
In this case, you can negotiate with the owner to change the working conditions. If this is not possible, the employee writes a statement indicating the reason - the refusal is transferred to a new place of work.
It will also be the basis for dismissal, which should be indicated in the column, referring to the eighth paragraph 77 of Article of the Labor Code.
Death of an employee
If the mercenary dies, then the basis for termination of the work contract is his death. In this case, you still need to fill out the book, after which it is given to family members or other relatives.
There are two options on how to do this:
- Give it personally to the interested person against signature.
- Having received a written application from the interested party, send it home by mail.
In the required line they write “the contract was terminated due to death.”
Due to old age
The industrial relationship can also be terminated due to the worker’s retirement, or if he has reached a certain age. This is also indicated in the Labor Code.
In this case, the person does not have to work for another two weeks in order to legally leave the company. The date of departure must correspond to the one that the dismissed person indicated in his application.
Other cases
There are other reasons for terminating this agreement that must be included as grounds.
Among them are the following cases:
- gross violation of rights by an employee;
- disclosure of protected secrets or personal data;
- in connection with a change in the owner of the organization;
- transfer of one of the spouses to another location to another place of work;
- matriculation.
An example of correctly filling out work books upon dismissal and writing the reasons for termination of the contract:
General information
On the day of termination of the production relationship, the enterprise must make a full settlement with the employee and submit all the necessary documents, which include:
- employment history;
- a certificate of the transferred amount of wages;
- certificate of contribution amount;
- certificate of work activity.
If a person is hired for another position, the relevant data must already be entered at the time of registration:
- Name of the organization or individual entrepreneur.
- The number and date of the order, which are the basis for the employee’s work for this vacancy.
- Information about the vacancy itself.
The basis for breaking any work contract is the order of the employer.
