LawRegulatory Compliance

The dismissal order

The administrative document signed by the head of the enterprise , which contains all information regarding the terms and reasons for the termination of labor relations between the employee and the employer, is the order for dismissal. Termination of the employment contract must be implemented in strict accordance with the law. The procedure for carrying out this procedure is regulated by the relevant articles of the Labor Code of Russia.

The dismissal order contains some basic requisites, which include:

- name and registration number of this document;

- the date of its compilation;

- data of the employee being dismissed (name, patronymic, surname, position);

- name of the enterprise;

- type of dismissal (consent of the parties, on their own, for absenteeism, etc.);

- a document that served as the basis for writing the order and the date it was compiled;

- signature of the head;

- the signature of the dismissed person, which certifies the fact of his acquaintance with the order;

- the seal of the institution or enterprise.

The form of the dismissal order has two versions: No. T-8 (applies to the dismissal of one employee) and No. T-8a (used when issuing an order to dismiss a group of employees).

If there was a need to dismiss the reduction officer , he should be warned by the head of the enterprise two months before the future dismissal, and with the delivery of a mandatory notice. The law provides for the probability of dismissal without prior notification, but only in cases where the employee agrees to early withdrawal and confirmed this in writing.

If the work performed by the employee has a seasonal character, the manager has the right to give notice of a future deduction related to the need to reduce the staff, seven days before the order is issued. If the employment contract was concluded for a period of less than two months, such notification may be served three days before the forthcoming dismissal. The notice given to the employee does not in any way affect the basic labor relations.

If the employee does not want to sign a notice of the forthcoming dismissal, it is sufficient for two disinterested witnesses to draw up an act confirming the refusal to sign the presented document. After that, the employer has the full right to make an order for dismissal within the time limits stipulated by law.

With regard to the procedure for leaving work on their own, it does not present any difficulties. Especially in situations where everything happens by mutual agreement between the employee and the head. It is enough for the employee to inform the head in two weeks about the desire to receive a calculation, after which the order for dismissal will be signed at his own request. In order to avoid undesirable excesses, the manager should be warned in writing, and on the copy of the application there should be a signature of the personnel officer certifying receipt of the original document. If the employee was received with a probationary period, he can receive a settlement within three days after the application was submitted.

The dismissal order is usually made in one copy. However, the expelled has the right to demand not only a copy of the issued order, but also his original. In such cases, the employer must create another original order and certify it with a signature and seal, and then give it to the employee.

The publication of the dismissal order marks the end of the existing labor relations. From the order in the work book of the former employee, records about the type and term of the dismissal are transferred.

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