Order of dismissal at will issued by the employer in order to document the termination labor activity employee in the organization. The basis for an order can only be an employee’s statement written on his own initiative.

Order on dismissal at own request - example and sample document

An important stage of the dismissal procedure is the execution of the manager’s order. The need to publish the document is stated in Part 1 of Art. 84.1 Labor Code of the Russian Federation. This legal norm requires the employer, on the last working day of the dismissed employee:

• issue an order to terminate the employment agreement;
• familiarize the dismissed person with the document;
• issue the former employee with a certified copy of the order;
• make an entry in the employment record of the dismissed person, confirming it with the seal of the organization (if any) and the signatures of the parties to the labor relationship;
• make a settlement with the employee.

The order might look something like this:

If it is impossible to familiarize the dismissed person with the order, the employer makes a note about this on the document itself. This situation is possible if the employee is absent from work on the day of dismissal, as well as if he refuses to familiarize himself with the management’s order.

the company can develop it independently or use forms established by law.

Where to download a template for an order for voluntary dismissal

Unified document forms are not mandatory for use. Nevertheless, in personnel records management, as a rule, these samples are used. You can get acquainted with them in the resolution of the State Statistics Committee of the Russian Federation “On approval of unified forms...” dated January 5, 2004 No. 1.

The mentioned resolution presents 2 templates. One of them - No. T-8 - is used in case of dismissal of one employee. In case of mass dismissal, it is more convenient to use form No. T-8a.

On our website you can download an order template and subsequently adapt it for a specific organization.

Filling out the order form - a practical example

Download the order form

When filling out the dismissal order form, you must indicate:

• name and details of the employing organization;
• document number and name;
• date of drawing up the order;
• requisites employment contract;
• date of the last working day;
• details of the dismissed employee;
• grounds for termination labor relations;
• the name of the document that became the basis for the order;
• manager data;
• date of document preparation.

The document is certified by the signatures of the parties to the labor relationship and the seal of the organization.

If the enterprise has a trade union body, the employer must familiarize it with the document. For this purpose, separate columns are provided in the unified forms. They are not filled in if there is no trade union at the enterprise.

Information about the document is entered into the employee’s work book. The order itself is filed in the personal file of the dismissed person or in a special folder for storage. Part 2 art. 84.1 of the Labor Code obliges the company management to provide the dismissed person with a certified copy of the document upon his request.

Unified forms approved by law are an ideal option for preparing an order for the dismissal of an employee. Using these samples, the employer simplifies the process of preparing documentation and minimizes the risk of errors when drawing up orders. The document form contains all the necessary details. Thus, to draw up an order, you just need to fill in the blank lines in the form.

According to the law, voluntary dismissal of representatives of various positions and categories of citizens occurs in slightly different ways. This article provides examples of dismissal on a general basis, as well as a director, a pensioner, a pregnant woman, a civil servant, an intern and employees of other positions.

Current Russian legislation provides for many exceptions and features in the field of labor relations. Even such a simple action can raise many questions, and errors in paperwork can create serious problems for both the employee and the employer. The procedure for dismissing an employee involves the mandatory writing by the initiator of the termination of the employment relationship, the preparation by the employer of an appropriate order, based on where all documentation is drawn up and final payment is made to the employee. However, at each of these stages a controversial situation may arise, especially if we are talking about the dismissal of a director, pensioner, teacher or other person holding a certain position or belonging to a special category of citizens.

Dismissal at your own request on a general basis

An employee who has expressed a desire to resign of his own free will must notify the employer of his intentions 2 weeks before the proposed dismissal. This rule is established by labor legislation; an exception when the application is issued “day to day” may be a valid reason - the employee’s pregnancy, the employee’s move to another area, etc.

Stages of dismissal:

• the employee notifies the employer of dismissal by submitting a statement in person or by registered mail with notice;
• the employer is obliged to accept the application for consideration and then issue an order to dismiss the employee, with which the latter must be familiarized with signature;
• on the last day of work, the employer is obliged to make a full settlement with the dismissed employee, and also issue him a work book with a notice of dismissal, which looks like this: “The employment contract was terminated at the initiative of the employee, clause 3 of part 1 of article 77 Labor Code Russian Federation".

Dismissal of a manager

Today, more and more often, heads of organizations resign of their own free will, which avoids unnecessary red tape on both sides.

Features of dismissal:

1. The director of the enterprise is obliged to notify the employer (founders) of his dismissal no later than one month before the expected date of dismissal (Article 280 of the Labor Code of the Russian Federation) by writing a corresponding statement.
2. At the general meeting of the founders (shareholders, board of directors), a decision is made to dismiss the manager and appoint a new person to this position. Based on the results of the meeting, it is published and signed by authorized persons.
3. On the last day of the manager’s work, an order is issued to resign from the powers of the director of the organization and an act of acceptance and transfer of affairs from the previous manager to the new one is drawn up.
4. A calculation is made and the corresponding amount is entered with reference to clause 3 of Art. 77 Labor Code of the Russian Federation.

The dismissal of the head of an organization occurs not only on the basis of his application and the corresponding order, but also when a decision is made by the Meeting of founders (shareholders, directors).

Dismissal of an employee of the Ministry of Internal Affairs

The dismissal of an employee of the Ministry of Internal Affairs can occur for various reasons - upon achieving retirement age, for health reasons, at the end of the contract service, as well as at their own request.

Features of dismissal:

1. In accordance with Art. 84 of the Federal Law of the Russian Federation “On Service in the Internal Affairs Bodies of the Russian Federation”, an employee of the Ministry of Internal Affairs must submit a report of dismissal at least one month before the expected date of dismissal.
2. The employer is obliged to accept the report and prepare a dismissal order.
3. When an employee of the Ministry of Internal Affairs is dismissed at his own request, the employee’s service life is entered into the work book with the number of orders on the date of admission and dismissal. The reason for the dismissal is not specified.

An employee of internal affairs bodies has the right to stop performing his official duties upon expiration of the warning period, subject to the surrender of his service weapon and identification, as well as his personal license tag.

Dismissal of a part-time worker

The dismissal of a part-time worker at his own request occurs on a general basis, and it does not matter at all whether the dismissal occurs for an external part-time job or an internal one.

Features of dismissal:

1. The employee writes a statement two weeks before the expected date of dismissal.
2. The employer prepares a dismissal order, at the end of the working period, makes a full settlement with the employee and draws up a work book.
3. The entry in the work book upon dismissal of a part-time worker is as follows: “Dismissed from a part-time job at his own request, clause 3, part 1, article 77 of the Labor Code of the Russian Federation.”

Dismissal of a pensioner

Reaching retirement age is not a basis for dismissing an employee, however, if he himself wants this, the employer has no right to interfere with this.

Features of dismissal of a pensioner:

1. An employee who has reached retirement age, in accordance with Part 3 of Article 80 of the Labor Code of the Russian Federation, has the right to resign at his own request without two weeks of work, that is, to write a letter of resignation on any desired date, without notifying the employer about it in advance.
2. The employee must attach a photocopy to the application for dismissal pension certificate, confirming the fact of his retirement.
3. An entry is made in the work book: “Employment contract, terminated at the initiative of the employee in connection with retirement, paragraph 3, part 1, article 77 of the Labor Code of the Russian Federation.”

Dismissal of a disabled person

If an employee is recognized as a disabled person of group II or III, he has the right to resign at his own request or by agreement of the parties (Articles 78, 80 of the Labor Code of the Russian Federation).

Features of dismissal of a disabled person:

1. The presence of a disability certificate gives the employee grounds to write a letter of resignation on any date; the employer does not have the right to require him to work for two weeks.
2. A copy of the disability certificate must be attached to the application for dismissal.
3. Entry into the work book of a disabled employee is made according to general rules: “The employment contract was terminated at the initiative of the employee, paragraph 3, part 1, article 77 of the Labor Code of the Russian Federation.”

When a disabled employee voluntarily dismisses, the organization does not make any additional payments. On the last day of work, the employee receives payment and compensation for unused vacation.

Dismissal of a serviceman

A serviceman performing military service under a contract can be dismissed early at his own request only if he has valid reasons, which must be reflected in the conclusion of the certification commission (Clause 6, Article 51 of the Federal Law of the Russian Federation “On Military Duty and Military Service”.

Features of the dismissal of a military personnel:

1. The serviceman must write a report for early dismissal of his own free will, indicating a valid reason, in his opinion, that does not allow him to serve in the future.
2. The reason must be recognized by the certification commission, on the basis of which the commander of the military unit must decide to dismiss the serviceman. The following reasons may be considered valid:

• Availability higher education, if it is impossible to implement it;
• The need for constant care for a close sick relative (this reason must be confirmed by an appropriate medical report);
• insufficient monetary allowance, inability to support a family (one of the most common reasons);
• the need to care for a child under 18 years of age if the other parent is unable or avoids raising the child;
• due to change of location military service husband/wife of a military man;
• other reasons why a serviceman or his family members cannot fulfill their most important life needs.

It is worth noting that the certification commission, when making a decision, must proceed from whether these reasons are valid in relation to the serviceman, not in matters of respect in relation to the command of the unit or society and the state.

Dismissal of a pregnant woman (maternity leave)

Dismissal of a pregnant woman at her own request is one of the options for legal termination of the contract between the employee and the employer.

Features of dismissal:

Dismissal of a pregnant woman or woman on maternity leave at her own request occurs on a general basis, with the difference that the employee has the right to resign on any desired date, without prior warning to the employer, by providing the necessary documents.

It should be noted that when a pregnant woman is dismissed at her own request or by agreement of the parties, the employee loses the right to receive maternity benefits.

Dismissal of a civil servant

The dismissal of a civil servant on his own initiative occurs according to the general rules:

1. A civil servant must write a letter of resignation two weeks before the expected date.
2. The employer is obliged to accept the application, prepare an order and, on the last day of the employee’s work, make a full payment and issue a completed work book, where a record of termination of the employment contract is made with reference to clause 3, part 1 of Art. 77 Labor Code of the Russian Federation.

Dismissal of a teacher

From a legal point of view, a teaching employee has the right to resign of his own free will on a general basis, that is, write a statement notifying the employer of his decision two weeks before the expected date of dismissal. IN work book An entry is made with reference to clause 3, part 1 of Art. 77 Labor Code of the Russian Federation.

Dismissal of a cashier

Cashier is financial responsible person, with whom, upon hiring, not only an employment contract is concluded, but also an additional document on financial responsibility. Consequently, if a cashier is dismissed at his own request, the procedure will be carried out on a general basis, however, an inventory will also be carried out and an inspection report will be drawn up based on its results.

If embezzlement is detected, the employer has the right to calculate the shortfall from the employee’s settlement funds or go to court to obtain the missing amount of the wasted funds. Money legally.

Dismissal of an accountant (chief accountant)

Dismissal of an accountant at his own request occurs on a general basis: the employee must notify the employer of his decision two weeks in advance, the latter must prepare an order, calculations and draw up all documents.

It is worth noting that the employer has the right, at the initial stage of the employee’s work, to conclude an agreement with him on financial responsibility and prescribe the stages of transfer of affairs upon dismissal.

Dismissal of an intern

The trainee has the right to submit an application for dismissal of his own free will three days before the expected date of dismissal (Article 71 of the Labor Code of the Russian Federation), otherwise the procedure for dismissing a trainee employee is identical to the general procedure.

The trainee may apply for resignation at any time, both at the beginning of the probationary period and at the end.

Dismissal of a foreigner

Russian labor legislation does not prohibit termination of an employment contract with a foreign citizen on his initiative. According to Article 80 of the Labor Code of the Russian Federation, any employee has the right to resign at his own request.

The procedure for dismissing a foreigner at his own request has a standard form: the employee writes a statement with a warning two weeks before the expected date of dismissal, the employer issues an order and makes a full settlement with the dismissed employee.

It is worth noting that the employer, in accordance with paragraph 7, paragraph 8 of Art. 18 Federal Law of the Russian Federation No. 115 “On the legal status of foreign citizens in the Russian Federation” is obliged to send information about the early termination of an employment contract concluded with a foreign employee to the migration service.

Dismissal at will is the most common way to terminate an employment contract between a company (employer) and an employee. The initiative comes from the employee, and management consent is not required. Some rules still need to be followed. Dismissal involves an application on the one hand, an order for dismissal on the other.

Most often, the order is written according to form No. T-8 (one person is dismissed) and No. T-8a (several people are fired), approved by the State Statistics Committee of the Russian Federation (resolution dated January 5, 2004 No. 1). The order is prepared by an employee of the personnel service in 2 copies - to the personnel and accounting departments. It is certified by the head of the institution with his signature and seal. The person being dismissed must be familiarized with the order, he will sign on it. The order form is filled out on a computer; handwriting is allowed.

You can download the forms on the website:

Begin the text of the order with the legal name of the organization and its OKPO code. It can be found on the website okpo.ru by company name, address, tax identification number, and last name of the manager. You can obtain this information using the Unified State Register of Legal Entities.com system for free; the website skrin.ru can help you in your search. The OKUD code is already entered into the form cells. After the word “ORDER” (written in capital letters) follows the title of the document, number, date of publication. The order number contains letters and numbers. For example, 57-KL.

In the next paragraph “Terminate the employment contract from”, indicate the number of the employment contract (TD) with the employee and the date of its signing. If the agreement has not been officially concluded, then cross out this line. Write down the date of your last working day in this organization after the word “dismiss”.

In the next part of the order, write the full name of the person being dismissed (in the genitive case), his personnel number (if any), the name of the structural unit, department where he worked, and his position.

The section “Grounds for termination (termination) of a trade union (dismissal)” must be filled out correctly, indicating the article of the Labor Code of the Russian Federation on termination of a trade union. Then, after the word “Bases,” write down the name of the document that served as the basis for issuing this order. In this version, it is a personal statement. Record the date and registration number of the application.

The line “Head of the organization” contains signatures with a transcript of the manager and the dismissed employee, who signs that he is familiar with the contents of this dismissal order. The final paragraph of the order “Motivated opinion of the elected trade union body in writing” contains the opinion of the elected trade union committee. The number and date are recorded here. Fill in the line only if the organization has a trade union committee. Submit the prepared order for signature.

Based on the order, make the corresponding entries in the personal card (form T-2) and the employee’s work book. “Calculation note upon termination (termination) of an employment contract with an employee (dismissal)” should be made in form T-61. Submit it with a copy of the order to the accounting department. She will make the final payment on the last day worked. In the application, the employee may ask to be granted leave with subsequent dismissal (fill out Form T-6). The date of dismissal in the order or in the work book is the end date of the vacation, even if it falls on a holiday or day off.

Useful documents can be downloaded:

If the person being dismissed is a financially responsible person, then the order is accompanied by a note stating that there are no financial claims against him. This could be a resolution on an application, a certificate drawn up based on the results of the inventory, a receipt from a team member, etc.

It is not uncommon for an accountant, when paying a certain amount to an employee, to ask the question: is this payment subject to personal income tax and insurance contributions? Is it taken into account for tax purposes?

Order of dismissal at own request

An order to dismiss an employee at his own request is issued on the basis of a corresponding application submitted by this employee (Article 80, 84.1 of the Labor Code of the Russian Federation).

Drawing up a dismissal order

The employer has the right to develop its own form of dismissal order. However, it is easier to use the unified form T-8 (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1).

The employer is obliged to familiarize the resigning employee with the order of dismissal at his own request against signature (Article 80 of the Labor Code of the Russian Federation).

In addition, the employee, upon his request, is given a copy of the order of dismissal at his own request (Article 62, 84.1 of the Labor Code of the Russian Federation).

By the way, if the employer does not have the opportunity to familiarize the employee with the dismissal order or the employee refuses to familiarize himself with it (which is unlikely in case of dismissal of his own free will), a corresponding entry is made on the order (Article 84.1 of the Labor Code of the Russian Federation).

Do I need a stamp on the dismissal order?

Registration of dismissal is an important action, so all documents look properly. In this regard, the question arises: is a seal required on the dismissal order? So, it is not necessary to put a seal on the order of dismissal at your own request (as well as on any other order of dismissal). True, if the head of an organization wants to certify his signature on an order with a seal, no one forbids him to do so.