The T-8 dismissal order form is one of the unified personnel documents; the unified form is not mandatory, but many companies use it because it contains all the necessary details.
Termination of employment relations is formalized by an order, a certified copy of which the employee has the right to receive in hand. At the request of the employee, the employer is obliged to issue an extract from the dismissal order within three working days after the request.
The reasons for termination of an employment contract may be different; they do not affect the form of the document, but must be indicated in the line “Grounds for termination”. The most common are:
- own wish;
- agreement of the parties;
- as a disciplinary measure in case of serious misconduct by an employee.
Unfortunately, there are situations when a personnel officer has to prepare an order to dismiss an employee due to death: we wrote about how to formalize it correctly in the article “How to dismiss an employee due to death.”
Who draws up the dismissal order in form T-8
As a rule, in most enterprises, the form is prepared by an employee of the personnel department, who, after filling it out, passes the document to the manager for signature. Sometimes, if the company is small, the director of the organization himself can issue the T-8 form. After entering all the necessary information and the manager’s signature into the form, the dismissed employee must read the order and also put his signature on it.
Based on the T-8 form, entries are made in the employee’s personal card, in his work book, and the corresponding calculations are made in the accounting department.
At what point should I place an order?
It is best to issue an order on the final day of work. The law does not prohibit drawing up an order on any day from the moment of filing an application for dismissal until the actual termination of the employment contract. However, you need to remember that within two weeks, while the work lasts, the employee has the right to withdraw the application, and it will be necessary to issue an order to cancel the dismissal order.
Before drawing up an order, the employee can receive a bypass sheet. It includes a list of employees and departments that must be visited before leaving.
This step is not mandatory from the point of view of the Labor Code, but it is still advisable to carry it out, since it records not only the transfer of affairs from the dismissing employee to the new responsible person, but also allows you to determine the presence or absence of debts between the parties.
After filling out the order, it is necessary to familiarize the employee who is affected by the order with it. As confirmation, the latter puts his signature and date. If the person resigning refuses to do this, then it is necessary to invite several witnesses, read out the contents of the order in their presence, and then draw up an act of refusal to sign it.
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The completed document is attached to the order and then stored in the archive along with it. The employee has the right to write to management with a request to hand over a copy of the signed order. The administration has no right to refuse such a request.
Important! An entry in the employee’s work book and personal card regarding dismissal is made only on the basis of an issued order. After this, the personal file can be transferred to the company archives.
Document header
The first thing that needs to be entered into the T-8 order form is the full name of the company in which the employee worked, with a mandatory indication of the organizational and legal status (IP, CJSC, LLC, OJSC).
After this, the number of the dismissal order (according to internal document flow) and the date of its preparation are indicated here. It is always issued on the employee’s last working day. On the same day, the employee must be given all his documents (work book, diploma, etc.), as well as pay the estimated wages, including severance pay, vacation compensation, and other payments due by law.
In the line just below, about termination of the employment contract, you need to indicate the date of conclusion of the fixed-term employment contract.
Attention: this line must be filled out only when the contract was fixed-term, otherwise it should be left blank, and instead make an entry in the “Dismiss” field (day, month and year of dismissal).
Thus, here you need to choose one of two options.
Registration form
There are two generally accepted forms for termination orders.
Form T-8 is used to terminate an employment contract with one employee; when dismissing several at once, you will need Form T-8a.
You can download the blank form T-8 here, and the blank form T-8a here.
Federal Law N 402-FZ, in its ninth article dated December 6, 2011 (as amended on December 28, 2013), allows the use of both the specified unified forms and (since 2013) those developed within your own organization. In the second case, be sure to do the following:
- remove codes (OKUD and OKPO), a link to the resolution of the State Statistics Committee and the form number from the unified forms;
- add a field at the bottom for decoding the signature (for a surname with initials);
- approve the received forms by order of the employer and place a link to this order instead of the deleted one in the first paragraph.
It is considered advisable to shorten the title of the document itself by removing the words enclosed in brackets.
Budgetary organizations of the public sector are still required to use only unified forms of orders in their work.
It is recommended to develop your own dismissal order form only when the standard forms do not satisfy a particular organization in any way.
Algorithm for creating a new form:
- development of a draft dismissal order;
- coordination;
- revision;
- sighting;
- employer approval;
- transfer to personnel officers.
Employee details and grounds for dismissal
This part concerns basic information about the employee, as well as the reasons for his dismissal.
First, enter the last name, first name, and patronymic of the dismissed employee (without any abbreviations, in the genitive case). Nearby, in the appropriate cell, is placed the personnel number assigned to the employee upon employment.
Then the structural unit (or name of the department) to which the employee belonged in this organization is indicated, and his position is entered.
Next, the basis for termination of the employment contract (dismissal) is entered. Here you need to indicate the reason for dismissal strictly in accordance with the Labor Code of the Russian Federation. Most often, paragraph 3 of Article 77 of the Labor Code of the Russian Federation fits here (at your own request).
The basis for the order is a document according to which the employee’s employment contract is terminated or dismissal occurs (here it is necessary to indicate the type of document and the date on which it was drawn up). As a rule, this is a personal statement on the part of the person resigning, but there may be other evidence, for example, a medical report, a summons to the military registration and enlistment office, an official note, etc.
Is it possible to cancel a manager’s dismissal order?
There are several reasons why a previously created dismissal order should be declared invalid.
These include:
- The employee submitted a resignation letter of his own free will, but then changed his mind about quitting. But by this time the order had already been created. Then it is necessary to prepare another order to cancel the previous one. The employee's written communication about the withdrawal of his application is indicated as the basis. There is no standard form for such an order; the personnel officer can draw it up freely.
- The order is also subject to cancellation if the employee falls ill on the day of dismissal and informs the employer about this. However, this must be done only if the employee himself has decided not to resign before the end of the sick leave period;
- If the employee was reinstated to his previous job by a decision of a judicial authority, the company is obliged to cancel the order of his dismissal. In this case, the employee returns to his previous place with the same salary and all the benefits that he had.
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.
Nuances when placing an order
- When dismissing the general director, write the word “management” in the “division” line.
- Some dismissal statements apply only to management positions (general director and his deputy or chief accountant). In particular, this is “making an unreasonable decision”, “one-time violation of labor duties” and “causing damage to property”.
- We fire a part-time worker in the same way as an ordinary employee. Whether the combination was external or internal does not matter. Many sites on similar topics indicate that an order to dismiss a part-time employee must be in the T-8a form. This information has no basis if the part-time worker quits alone. Most often, a part-time worker is fired under special article 288. The wording is “in connection with the hiring of an employee for whom this work will be the main one.”
When dismissal due to the liquidation of an enterprise, the employer is obliged to notify not only employees, but also the employment service and trade unions. Are you planning to fire a retiree? Find out whether it is possible to dismiss a person of retirement age at the initiative of the employer by reading our article.
A sample voluntary resignation letter can be found here.
