Sample order for termination of an employment contract. Order to terminate an employment contract
This termination order labor relations has a unified form that is established by law, let's look at how to draw up an order for the dismissal of an employee T-8 sample filling, form.
The Labor Code distinguishes between several judgments: “dismissal of an employee”, “termination of employment relations” and “termination employment contract" The latter has the broadest content; its basis is considered to be any legal event, act or fact.
Act– these are life factors that are a consequence of the conscious (volitional) activity of people. Such actions include: the initiative of the employee (application of resignation at will), the employer (application of disciplinary action, reduction of staff), and a third party (court decision, conscription into the army).
Events– these are significant legal entities. facts that appear regardless of the desire or will of people. The term “dismissal” is acceptable in all cases of termination business relations, the exception is only if one party is an individual. the person ceases to exist (it is impossible to fire a deceased employee).
The concept " termination» applies to all situations, as a rule, the initiator of termination of the contract can be either the employee or the employer. This order, unlike order T-8a, is drawn up only for one specific employee. As a rule, it is filled out in the personnel department in 2 copies. The first is transferred to the accounting department, the second remains in the personnel department. The form of the order for the dismissal of an employee must be signed by the head of the structural unit and directly by the employee who is being dismissed. Based on this order, the accounting department makes a full settlement with the employee and makes certain entries in his personal card and work book. The document, or rather its number, has mixed characters (“16-ls”, letters and numbers). The number of the employment contract and the date and date of dismissal of the employee are written down, that is, his official last day of work. It is advisable to fill out both of these lines; if an employment contract has not been drawn up with the worker, then the line “Terminate the employment relationship from” is crossed out. The full name of the employee who is being fired is written exclusively in the genitive case.
The document has the line “Grounds (date, number, document)” indicating the link to the document on the basis of which the dismissal order was issued (employee statement, memo, end of employment relationship or other documents). When dismissing a worker who is financially responsible for all the existing property of the enterprise, a document is attached to the dismissal order, which states that there are no claims against the dismissed person in material terms.
When drawing up an order for the dismissal of an employee T-8 - a sample filling, a form on the initiative of the head of the organization or structural unit, a reasoned opinion in writing from the trade union of the enterprise is attached, of course, if such a body exists.
An order to terminate an employment contract is an internal document of the enterprise that terminates all labor relations between the employee and his employer. In this article we will look at the types of dismissal orders and learn how to formalize them correctly.
Registration of termination of an employment contract is commonplace at any enterprise, because... this is one of the most important internal documents, the creation of which will be given Special attention when inspecting an organization by a labor inspectorate. Besides, this document may be necessary when controversial issues arise between an employee and an employer, which means it must be drawn up correctly and in accordance with the rules established by law.Let's start with the fact that an employee can quit for several reasons. These include not only one’s own desire, but also violations, staff reductions, closure of an enterprise, an employee may be drafted into the army, etc. In all these cases, they first write a statement addressed to the director of the enterprise, stating their desire to resign and indicating the main reason for the dismissal. And only after the application is approved by the manager, a dismissal order is issued.
Can be downloaded here. Orders are issued in the form established by law, uniform for all enterprises. So, for example, if only one employee is dismissed, then a dismissal order is issued in the T-8 form. The order form must indicate the name of the enterprise, the name of the manager, the number and date of conclusion of the employment contract of the resigning person, his personnel number and position. The reason for dismissal must be indicated, which most often is one’s own desire in accordance with Article 77 paragraph 3 Labor Code
In the case when two or more employees leave an enterprise, and this happens in very large organizations, it will be more convenient to fill out only one order in the T-8a form. It is filled out in the same way as the T-8 form, only the names of several employees are entered in it. The T-8a form allows those responsible for working with personnel to avoid drawing up several orders and thereby simplifies their work.
On our website.After drawing up orders to terminate the employment relationship, the employee must be given compensation for unused vacation and arrears of wages for all time worked. IN last years
Information has repeatedly appeared about the development of bills, the authors of which wanted to force employers to pay personal income tax on the income of their employees not at the place of registration of the employer-tax agent, but at the place of residence of each employee. Recently, the Federal Tax Service spoke out sharply against such ideas.
When dismissing an employee, the employer is obliged to issue an order to terminate the employment contract. Forms T-8 and T-8a are unified forms approved by the State Statistics Committee of Russia by Resolution No. 1 of 01/05/2004, which employers use to issue dismissal orders. We will tell you in this article what actions an employer needs to take to ensure that an employee’s dismissal is carried out correctly.
How to fill out an order to terminate an employment contract?
So, there are 2 unified forms - T-8 and T-8a. The first is used when one employee is fired. At the same time, one order can formalize the dismissal of several employees at once. In this case, form T-8a is used. Thus, the content of both forms is the same, the only difference is that in form T-8a you can indicate information regarding several dismissed persons.
Form T-8
The dismissal order must indicate:
- information about the company (name, OKPO);
- details of the order (number and date);
- information about the dismissed person (full name, personnel number, structural unit, position, rank, qualification class);
- information about the employment contract (number, date of conclusion, date and reason for termination);
- information about the document on the basis of which the decision to dismiss was made (depending on the basis for termination of the employment contract, such a document may be, for example, an application from the employee if the employee resigns on his own initiative).
As for the grounds for termination of the employment contract, in this section it is necessary to provide a reference to the provisions of the law in accordance with which the dismissal is carried out, and make an entry in accordance with the wording contained in the law.
For example, upon dismissal due to at will the dismissal order indicates the basis for termination of the employment contract “at the initiative of the employee” with reference to clause 3, part 1, article 77 of the Labor Code of the Russian Federation. As a document - grounds decision taken the employee's statement is indicated. Below we will provide an order to terminate the employment contract, a sample of which has been prepared according to Form T-8.
Sample order in form T-8
The decision to dismiss an employee is made by the company's management, or the head of the company, or another authorized person. Before being signed by management, the order to terminate the employment contract is approved by the relevant departments (personnel, legal, etc.). The order is usually prepared by the personnel department.
After the dismissal order has been signed by management, the dismissed person must be familiarized with it. This is a requirement of labor legislation (Article 84.1 of the Labor Code of the Russian Federation). For this purpose, the contents of the order provide a place for the employee to sign about familiarization.
A situation may arise when an employee refuses to familiarize himself with the order or it is impossible to familiarize him with the order. In this case, personnel department employees must make a note about this in the order. The fact that the employee refuses to familiarize himself must be recorded. To do this, you can draw up an act, certified by the signatures of several witnesses to such a refusal.
A copy of the order to terminate the employment contract must be given to the employee upon his request. If the employee does not make such a requirement, then it is not necessary to issue it.
After the order is approved and the dismissed employee is familiar with it, it must be transferred for storage to the authorized unit. Typically this is a department that performs the functions of the personnel department. The shelf life of the order is at least 75 years.
The dismissal of an employee involves the termination of the employer's employment relationship with its employee. There may be several grounds for dismissal, including the desire of one of the parties, in the case of the transfer of an employee and in the presence of other circumstances enshrined in the Labor Code of the Russian Federation. In any circumstances, appropriate documentation must be completed.
The employment contract is terminated both at the request of the employer and at the request of the employee.
An employee who has expressed a desire to leave workplace, is obliged to write a corresponding statement, the purpose of which is to warn management of his intentions. In accordance with the law, after submitting a written application, the contract must be terminated no later than 2 weeks. By mutual agreement of the parties, dismissal may occur earlier.
On the day of dismissal of the employee, an order is issued confirming the completion of the employment contract. As a sample for drawing up a document, f. is recommended. T-8. However, from the beginning of 2013, business entities received the right to independently develop document forms, provided they contain all the necessary data.
An order for the dismissal of an employee is drawn up by a personnel officer or other person vested with similar powers. The management verifies the document with a signature. Usually the head of the institution acts in this capacity. The dismissed employee must also sign, confirming familiarization with the drawn up document.
Order of dismissal sample to fill out according to f. T-8 contains the following information:
- name of the institution (individual entrepreneur details);
- date of preparation and serial number of the document;
- details of the employment contract subject to termination;
- date of dismissal of the employee;
- information about the dismissed person (full name, personnel number), position held, qualifications of the employee, membership in a specific structural unit;
- the basis for the action;
- management signature;
- signature of the dismissed employee and date confirming the fact of familiarization.
The employment relationship can be terminated based on the employee’s own application, memos, medical records. conclusions or other documents, the details of which must be contained in the dismissal order (Form T-8).
If necessary, it is the employee’s right to demand a certified copy of the document drawn up.
Nuances when filling out the document
Upon dismissal, it is necessary, along with drawing up an order, to pay the employee off on the same day and issue him with the relevant documents (certificates of earnings, work book).
The issued order must have the signature of the employee himself. If for some reason (the employee’s absence due to illness or refusal to certify the document) this cannot be done, a corresponding entry is created in the order. No later than 3 days after dismissal, the employee must send a notice to receive documents or provide consent allowing them to be sent by mail to the addressee.
Another recommended document that is drawn up when terminating employment contracts is a dismissal order form in the T-8a form. Its preparation is permissible when several employees are dismissed. The document contains the same details and information as f. T-8.
The data from the dismissal order serves as the basis for entries in the documents (work book) about the termination of the contract and in the employee’s personal card.
If an employee who is financially responsible is dismissed, in order to avoid further disagreements between interested parties, the order according to f. T-8 it is recommended to attach a certificate of absence of debt for the employee. Although this procedure has not been approved by law.
When dismissal is initiated by the employer, supporting documents (medical examination report, decision of trade union bodies, etc.) should be attached to the order.
In any circumstances of dismissal, the required execution of related documents, including dismissal orders) will properly eliminate the likelihood of possible claims by both the employee and the employer.
