Labor Code Art. 84.1 Labor Code of the Russian Federation. Labor Code. Lack of proper documents
The legislation provides for certain rules for concluding an employment agreement. The grounds for its termination are established by Art. 77, 84 of the Labor Code of the Russian Federation and a number of other norms of the code. When applying for a job, the applicant must meet, first of all, general requirements. Depending on the specifics of the activity, special conditions may be established.
According to Art. 84 of the Labor Code of the Russian Federation, the dismissal of an employee, i.e. termination of the contract between the employer and the employee, is carried out if the contract was concluded in violation of the rules established by the code or federal regulations, if this violation prevents the continuation of professional activities. Let us consider in more detail the cases in which this rule applies.
Types of violations
In part 1 of Art. 84 of the Labor Code of the Russian Federation establishes a list of cases of illegal conclusion of a contract:
- Violation of the provisions of a court verdict depriving a citizen of the right to hold positions or carry out activities established by the court.
- If the applicant has contraindications to perform the work. The corresponding state of health must be confirmed by the conclusion of a competent medical commission, issued in accordance with the rules established by law.
- Lack of qualification/education document if the work requires special knowledge.
- Violation of a disqualification order or other administrative sanction excluding the possibility of an employee performing professional duties in accordance with a contract, issued by a court, body, employees authorized to consider administrative cases, or violation of restrictions, requirements, prohibitions provided for by federal legislation and relating to the employment of dismissed persons from municipal/state service.
- Failure to comply with regulations establishing restrictions on the conduct of certain types of activities.
The list specified in Part 1 of Art. 84 of the Labor Code of the Russian Federation, is not considered closed. According to paragraph 6, other cases of contract termination may be established in federal laws.
Mandatory requirements
In the cases specified in the first part of Art. 84 of the Labor Code of the Russian Federation, termination of the contract is allowed if it is impossible to transfer the citizen, with his written consent, to another job available to the employer, which he, in accordance with his state of health, can perform. This can be either a vacant position or work with the same qualifications, or a lower position or lower-paid professional activity.
The employer must offer the employee all available vacancies in the area that meet the specified requirements. An employer must offer a transfer to another location if the relevant provisions are present in the contract, collective or other agreement.
Additionally
As established in part 3 of Art. 84 of the Labor Code of the Russian Federation, if violations of the rules for concluding a contract established by the code or other federal regulations were committed through no fault of the employee, the employer is obliged to pay him severance pay. Its value should be equal to the average monthly earnings. The general rules for dismissing employees are enshrined in Article 84.1 of the Labor Code.
If the employee is guilty of violations, the obligation to offer him another (vacant) position/job, as well as to pay benefits, is removed from the employer.
Comments to Art. 84 Labor Code of the Russian Federation
Violations of the established rules for drawing up an employment agreement, first of all, include failure to comply with a court verdict that provides for certain prohibitions for a citizen. For a more complete analysis of paragraph 1 of Art. 84 Labor Code of the Russian Federation Let's turn to criminal law.
The ban on holding positions and carrying out certain types of activities can apply to a variety of areas. For example, a person may be prohibited from holding positions in state/municipal service, in territorial self-government bodies, or from conducting medical, teaching or other activities. If such a sanction is the main punishment, then it can be imposed for 1-5 years, if additional - for a period of 6 months. up to 3 years.
Taking into account the above, the provisions of Art. 84 of the Labor Code of the Russian Federation applies only to the period for which the ban is imposed on the citizen. Consequently, if a violation of the procedure for drawing up an agreement is detected at the moment when the period has expired, the employment relationship with the citizen cannot be terminated, since this circumstance does not prevent the continuation of professional activity.
Lack of proper documents
Termination of the contract under Art. 84 of the Labor Code of the Russian Federation is possible if the employee does not have documents confirming his qualifications or education. At the same time, the norm specifically stipulates that this basis applies if the specifics of professional activity require the employee to have certain knowledge. The corresponding requirements are fixed by industry-specific federal and other regulations.
For example, according to Article 54 of the Fundamentals of Legislation regulating health protection, the right to conduct pharmaceutical or medical activities belongs to citizens who have received the appropriate secondary or higher education in Russia and have a diploma confirming this. In addition, to conduct certain types of activities, an additional license or certificate is required.
According to Article 331 of the Labor Code, persons with the appropriate educational qualifications may be allowed to teach. It is determined according to the rules enshrined in the standard regulations on educational institutions approved by the Government.
All applicants entering the civil service for positions in the categories “specialists”, “advisers”, “managers” of any of the provided groups of positions, as well as “supporting specialists” of the leading and main groups must have higher professional education.
Availability of administrative sanction
When considering the issue of termination of an agreement due to disqualification, it is necessary to take into account that the relevant information can be obtained from the register created by the Ministry of Internal Affairs of the Russian Federation and regional internal affairs departments.
By order of the Ministry of Internal Affairs No. 957 of 2006, the Manual on the creation and maintenance of this database, as well as instructions establishing the rules for providing information, were approved.
Important point
Art. 84 allows for the possibility of termination of the agreement for other reasons given in the regulations. The main condition for the application of the provisions of the norm is that violations of the order must preclude the continuation of the person’s professional activities. The law obliges the employer to terminate the employment relationship when it is discovered. Otherwise, the employer will be held liable as provided by law.
Translation Features
When deciding on the termination of employment relations, the employer must fulfill a number of obligations provided for by the Labor Code. In particular, he should offer the employee other options for continuing his professional activities at a given enterprise in a given area.
If agreements (including collective agreements) or the contract itself provide for the possibility of transfer to another region (district, city, etc.), then the employer must comply with the corresponding requirement. At the same time, the Labor Code specifically stipulates that the transfer can be made only with the consent of the employee. If an employee does not wish to continue working in another position, he must issue a written refusal.
However, the employer may be released from this obligation if the employee is found guilty of violating the procedure for drawing up the agreement. For example, a citizen presented a false document on education, kept silent about the existence of a disqualification or a court verdict, gave false information regarding his health, etc. In such situations, the employee will not only not be offered vacant positions, but also will not receive severance pay.
Draws up an order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction). The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with this Code or other federal law, he retained his place of work (position). On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law. If it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to come for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of her pregnancy in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.
Legal advice under Art. 84.1 Labor Code of the Russian Federation
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- Lawyer's response:
- Lawyer's response:
- Lawyer's response:
What did you do? Why was the order written on you? An employer can do anything... The 18th is a working day... Article 84.1.
- Lawyer's response:
- Lawyer's response:
The organization received your resignation letter on the 10th day. You have notified your employer of your voluntary resignation at least 14 days in advance. Dismissal takes place in person. You had to come, get acquainted with the dismissal order against signature, receive a paycheck and a work book. Or in your letter, you should have asked the employer to fire you and send your work book by mail to the address that you would have indicated in the letter. Since you did not come to the organization and did not quit, then all the days that you were not at work are absenteeism. The organization can fire you for absenteeism and it will be right. Article 84.1 of the Labor Code of the Russian Federation regulates the general procedure for formalizing the termination of an employment contract that you have violated. The employer has the right not to pay you for the session because you are a truant. The law must be respected and followed.
According to the law, you are required to pay on the day of dismissal! Threaten your former employer with a lawsuit to recover funds. Refer to the articles of the Law. According to Article 84.1. Labor Code - General procedure for registration...
- Lawyer's response:
In this situation, it is necessary to be guided by Article 84.1. The general procedure for formalizing the termination of an employment contract, namely: “On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. In the case when on the day of termination of the employment contract it is impossible to issue a work book to the employee in due to its absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending the specified notice, the employer is released from liability for the delay in issuing the work book upon the written request of the employee. who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.” Thus, without receiving a notice to appear for a work book and without signing a dismissal order, you are not considered dismissed. When a work book is handed over to an employee, he must sign for its receipt in the accounting book and in his personal card. This is provided for by the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 (hereinafter referred to as the Rules). If the employer does not issue a work book on time, then he will have to compensate the employee for the entire period of delay. The fact is that the day of dismissal in this case is considered the day the work book is issued. The employer is obliged to issue an order on a new day of dismissal and make this entry in the book. A previously made entry about the day of dismissal is considered invalid. The obligation to compensate an employee for damages for late return of a work book is provided for in Article 232 of the Labor Code. In the employment contract, the parties can specify what kind of financial responsibility is assigned to them. In accordance with the law, financial liability arises after the damage is caused culpably. Thus, an ex-employee can demand compensation from the employer if there is: damage; the employer’s guilt in causing damage to the employee; illegality in the actions of the employer. Thus, the employee will first have to prove the existence of damage. Not only documents confirming damage, but also witness testimony can serve as evidence. If the employee manages to prove that the employer is at fault, the company will be held liable for unlawful deprivation of the opportunity to work. The employer will be obliged to compensate the employee for the earnings he did not receive if there is a delay in issuing the work book, or if the reason for the employee’s dismissal is entered into the work book with incorrect or non-compliant wording. This obligation is also specified in the Rules. If the employer does not agree to compensate for the damage, the employee can go to court. At the same time, in order to make a decision in favor of the employee, the very fact of failure to issue the work book on time is usually enough for the court. Since the employee is compensated for the earnings he did not receive, it is determined in the manner prescribed for calculating the average salary. Payment of compensation for the delay in issuing a work book is formalized by an order issued in free form. An employee may also seek compensation for moral damages in court. This right is enshrined in Article 21 of the Labor Code. The employer is obliged to compensate for moral damage to the employee when it is caused in connection with the performance of work duties. The employee must again prove that moral damage was caused. Evidence may include the same certificates of illness that arose in connection with the loss of work. Moral damage is compensated in monetary form in the amount established by agreement of the parties.
- Lawyer's response:
By law, they must pay in full on the day of dismissal without any statements. Article 84.1. General procedure for formalizing the termination of an employment contract .... The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but, in accordance with this Code or other federal law, retained his place of work (job title) . On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written request from the employee, the employer is also obliged to provide him with duly certified copies of documents related to work... Article 140. Terms of payment upon dismissal
- Lawyer's response:
Regardless of the term, upon dismissal, they are required to provide compensation for unused vacation. (Deductions from wages are made from 1 month of work) Article 84.1. General procedure for registering termination of an employment contract Termination of an employment contract is formalized by order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction). The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but, in accordance with this Code or other federal law, retained his place of work (position). On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law. If it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to come for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of her pregnancy in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application. Article 140. Terms of payment upon dismissal Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day of dismissal of the employee. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment. In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.
- Lawyer's response:
Olesya! The last working day is considered the day of dismissal. Therefore, on the 8th you must go to work. On the same day, you must be issued a work book and make a full payment of wages, pay compensation for unused vacation (if applicable). But the employer has the right to require you to work up to 14 calendar days. In general, you should write correctly “...to dismiss on May 08...”, i.e. the preposition “with” is not written. Good luck to you! Labor Code of the Russian Federation: Article 84.1. General procedure for registering termination of an employment contract Termination of an employment contract is formalized by order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction). The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases when the employee did not actually work, but in accordance with this Code or other federal law, he retained his place of work (position). On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.
- Lawyer's response:
do not have the right, because they can be punished for it. MAKE YOURSELF A PHOTO COPY OF YOUR APPLICATION, registered on the day you submitted your application. After 4 days you may not go to work, contact the Labor Inspectorate, and for a delay in payment you can even demand a percentage of the unpaid amount through the court. And in order to dismiss under an article, very compelling reasons are needed, see. Termination of an employment contract at the initiative of the employer http://www.trudkodeks.ru/trudkodeks/trud/trudovoj_kodeks_-_glava_13.html Article 84.1. Labor Code of the Russian Federation. General procedure for registering termination of an employment contract Termination of an employment contract
- Lawyer's response:
Article 71 of the Labor Code of the Russian Federation establishes a simplified procedure for terminating an employment contract at the initiative of the employee himself, hired for a probationary period. In accordance with Part 4 of Art. 71 of the Labor Code of the Russian Federation, if an employee hired on a probationary period during the probationary period comes to the conclusion that the work he performs is not suitable for him, he has the right to terminate the employment contract by notifying the employer in writing 3 days in advance. The basis for termination of the employment contract in this case will be the employee’s own desire.
- Lawyer's response:
You will be fired within one day, Article 84.1. General procedure for formalizing the termination of an employment contract [Labor Code of the Russian Federation] [Chapter 13] [Article 84.1] Termination of an employment contract is formalized by order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction). The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but, in accordance with this Code or other federal law, retained his place of work (position). On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law. If it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to come for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of her pregnancy in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.
- Lawyer's response:
There is no doubt that within the meaning of Art. 80 of the Labor Code of the Russian Federation, a written statement from an employee does not relate to the work book and is necessary ONLY to specify “other” documents required by the employee. This can be confirmed (for “evil” lawyers and “stupid” managers) by the following provisions of Art. 84.1. Labor Code, which reveals in more detail the procedure for registering the termination of an employment contract": "The termination of an employment contract is formalized by an ORDER (instruction) of the employer... The day of termination of the employment contract in all cases is the LAST DAY of the employee's work,... On the day of termination of the employment contract, the employer MUST issue the employee a work book and make settlement with him in accordance with Article 140 of this Code. Upon written APPLICATION of the employee, the employer is ALSO obliged to provide him with duly certified copies of documents related to the work. “If the Order to dismiss your chief accountant has been issued (and she has a copy), I would advise NOT to argue, but to write ANOTHER Application - demanding compensation for the earnings she has not received for the entire period of delay. And if the work book is never issued, then file a statement of claim in court, but most importantly no later than 30 days from the date of publication of the Order of dismissal (based on Article 234 of the Labor Code of the Russian Federation and clause 35 “Rules for maintaining and storing work books, ..." , approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books”). Good luck.
- Lawyer's response:
Labor Code of the Russian Federation Article 84.1. General procedure for formalizing the termination of an employment contract (introduced by Federal Law No. 90-FZ of June 30, 2006) Termination of an employment contract is formalized by order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction). The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but, in accordance with this Code or other federal law, retained his place of work (position). On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law. P.S. Since the day of termination of the contract is the last day of work, it turns out that if you are fired on the 10th, then you need to come to work on that day.
- Lawyer's response:
You must be paid in full on the day of dismissal; you will receive both for the time actually worked and for unused vacation. your employer is lying Article 84.1. General procedure for formalizing the termination of an employment contract (introduced by Federal Law No. 90-FZ of June 30, 2006) Termination of an employment contract is formalized by order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction). The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but, in accordance with this Code or other federal law, retained his place of work (position). On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law. If it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to come for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of her pregnancy in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.
- Lawyer's response:
Dear Christina! Article 84.1 of the Labor Code of the Russian Federation. General procedure for registering termination of an employment contract Termination of an employment contract is formalized by order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction). The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but, in accordance with this Code or other federal law, retained his place of work (position). On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law. If it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to come for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of her pregnancy in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application. NOTE. On the obligations of the insured (employer): - to issue to the insured person on the day of termination of work a certificate of the amount of earnings for the two calendar years preceding the year of termination of work, see Federal Law of December 29, 2006 N 255-FZ; - to transmit on the day of dismissal information on accrued and paid insurance contributions for compulsory pension insurance, see Federal Law No. 27-FZ of April 1, 1996. . Issuance of copies of documents related to work Upon a written application from an employee, the employer is obliged, no later than three working days from the date of filing this application, to issue to the employee copies of documents related to work (copies of an order for employment, orders for transfers to another job, an order for dismissal from work; extracts from the work book; certificates of wages, accrued and actually paid insurance contributions for compulsory pension insurance, the period of work with this employer, etc.). Copies of work-related documents must be properly certified and provided to the employee free of charge. Good luck!
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- Lawyer's response:
Dear Ilya! If you have concluded a civil contract with this company, then you will have the right to recover from them the arrears of payment for services performed by you in court. If you have concluded an employment contract, then you can file a complaint with the Federal Labor Inspectorate, the prosecutor's office in the Western Administrative District (JSC), or the court. But to go to court, do not miss 3 months from the moment you became aware of a violation of your labor rights by your former employer. Just in case, read Article 84.1. Labor Code of the Russian Federation, which regulates the procedure for terminating an employment contract with an employee. Article 84.1. General procedure for registering termination of an employment contract Termination of an employment contract is formalized by order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction). The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but, in accordance with this Code or other federal law, retained his place of work (position). On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law. If it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to come for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of her pregnancy in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application. Good luck.
I quit my job a month ago, but I still haven’t received my work book, what should I do?
- Lawyer's response:
Dear Volodya!! ! Article 84.1. Labor Code of the Russian Federation "General procedure for formalizing the termination of an employment contract" Termination of an employment contract is formalized by order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction). The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but, in accordance with this Code or other federal law, retained his place of work (position). On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law. If it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to come for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. ..Upon a written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application. If, due to the fault of the employer, the book was not issued to you, the employer must accrue and pay you the average salary for the entire period when the book was not issued. You have the right to achieve this in court and, in addition, to file a claim for compensation for moral damage, since all this time, through the fault of the employer, you could not find a job and provide for yourself and your family. Good luck to you!!!
Labor Code of the Russian Federation (Article 84.1.) there is a general procedure for registering the termination of an employment contract: ……… On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. ……………….. Article 140. Payment terms upon dismissal Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day of the employee’s dismissal. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment. In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.
General procedure for registering termination of an employment contract (introduced by Federal Law No. 90-FZ of June 30, 2006) On the day of termination of the employment contract, the employer MUST issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. ... your actions.. . to the ore inspection with a claim to be obliged to issue (reinstate) your book within 3-5, with compensation in the form of average wages from the day of dismissal to the day the book was issued. If you wish, you can claim compensation for moral damage (5 thousand) look for and attach all possible documents to the claim... pay slip at least
- Lawyer's response:
- Lawyer's response:
File a corresponding claim with the court. The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but, in accordance with this Code or other federal law, retained his place of work (position). On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make a “settlement” with him in accordance with Article 140 of this Code (Article 84.1. Labor Code of the Russian Federation, the general procedure for registering the termination of an employment contract). In accordance with Art. 234 of the Labor Code of the Russian Federation, the employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of: .. the employer’s delay in issuing a work book to the employee, or the inclusion in the work book of an incorrect or non-compliant wording of the reason for the employee’s dismissal. In accordance with Art. 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the Central Bank refinancing rate in force at that time Russian Federation from unpaid amounts on time for each day of delay starting from the next day after the established payment deadline until the day of actual settlement inclusive. The amount of monetary compensation paid to an employee may be increased by a collective agreement or employment contract. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault. Furthermore, in accordance with Art. 237 of the Labor Code of the Russian Federation, moral damage caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in amounts determined by agreement of the parties to the employment contract. In the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation for it are determined by the court, regardless of the property damage subject to compensation.
Art. 77 of the Labor Code of the Russian Federation On the last day of work, the employer is obliged to issue the employee a work book and other documents related to work, upon the employee’s written application, and make a final payment to him. Payment terms upon dismissal Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day of dismissal of the employee. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment. In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him. Article 84.1. General procedure for formalizing the termination of an employment contract In the event that on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail . From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of her pregnancy in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.
Art. 140 of the Labor Code of the Russian Federation: “Upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day of the employee’s dismissal. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day AFTER THE DISMISSED EMPLOYEE PRESENTS A DEMAND FOR CALCULATION.” Therefore, before going anywhere with a complaint, an application for a court order to collect arrears of wages, or a statement of claim, first contact your former employer with a demand for payment. This requirement is written in two copies, on your own copy. Be sure to mark the receipt or the registration number of the incoming document. Only after this you have every right to apply further. Now about where to go and with what. If you are only interested in receiving wage arrears as quickly as possible, then you must first contact your employer for a certificate of arrears, and then go to the magistrate’s court with an application for a court order to collect wage arrears. If there is a real threat that today or tomorrow only memories will be left of this enterprise, then definitely go to the district court with a statement of claim. Immediately with the claim, attach a petition to take measures to secure the claim, but you do not need to specify exactly what measures you would like to be taken. Because this company may not have used an official account for a long time (and you will not know about it) and from such measures you will be neither cold nor hot, and as a result you will be left with a court decision in your favor, but without money. If, after all, this is a lawsuit, then one of the demands you can make is to bring the employer to administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation, for violation of labor legislation. But in order of order proceedings, you will receive the money faster.
Konstantin Dobry
I HAVE BEEN FIRED, ASKED FOR MY OWN OWN WAYS, THEY DO NOT GIVE ME PAY AND WORK FOR 10 DAYS WHAT TO DO
- Lawyer's response:
Ekaterina Koroleva
If upon dismissal the employer delays in handing over the work book. What to do?
Termination of an employment contract is formalized by order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction). Is there a note in the order that he refused to sign, etc.?
Zoya Fedorova
Vadim Neustroev
I still have a debt when I leave, how long do they have to give me to pay it off?
Leonid Mandrikov
they don’t return the work book, how should the payment be made? Upon dismissal, since the company's HR department is located in another city, the employee's salary is not returned. They give it back after some time, after it arrives by mail, the employees’ consent is not asked, and upon dismissal they are presented with a fait accompli. The calculation is made based on the date of dismissal and the entry in the employment record is the same, is this correct? Shouldn't employers issue a calculation based on the date of return of the work book (if the work book is returned in a week or two)? What articles of the Labor Code of the Russian Federation regulate this?
Denis Mazuryak
How many days after dismissal should a teaching assistant be paid?...
Oleg Slobodyanikov
If you quit on such and such a date. Do they have the right to pay in full only on the day of the salary itself??? Or do I need to write an application so that they can be paid on the day of dismissal?
Maria Romanova
If I worked for a company for 5 months, should I be paid vacation pay???
Klavdiya Tarasova
If I write a statement “I ask you to fire me as of 05/08/08.” Should I work on the 8th?
Oksana Belousova
I wrote a letter of resignation, I have 4 days left to work, the bosses are stubborn, they won’t give me my salary and work book... They threaten to fire me under the article if I don’t rewrite the letter (a week later). What to do?
Diana Dmitrieva
Dismissal during probationary period. Good afternoon From November 1st, I signed a fixed-term contract for a year. Now there is a probationary period, the situation is such that there is no desire to work in this company. Is dismissal in this situation the same as usual? Do I need to apply 3 days in advance? And what will be included in my work report? Thank you in advance
Anastasia Borisova
There is a question about dismissal from the ranks of our valiant penal system. Please tell me, there are rumors that now, according to amendments to the Labor Code of the Russian Federation, it is possible to quit within one day, that is, write a report in the morning, and be fired in the evening. Who has information on this issue - answer: is this information real or just another unverified rumor
Liliya Smirnova
People, on the last day of work, write another application with a request to issue a work book, so that it won’t be like ours. Dear lawyers, how to interpret Article 80TK - “On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the written application of the employee, and make a final settlement with him.” Does the written statement relate to the work book or other documents??? In our company, the chief accountant cannot resign (she did everything according to the rules - she wrote an application 2 weeks in advance, registered it with the secretary) and she is not given a work book. An evil labor lawyer, who is on the manager’s side, is now pointing at her that she did not write a statement asking for a work permit (as written in the article) and therefore her dismissal is now invalid and the chief accountant must re-write the statement and work it out. How plausible is this in terms of court cases?? I'm a personnel officer and this is the first time I've heard this...
Artem Mazalov
Tatyana Ryabova
Help with dismissal! I worked officially for 5.5 months and wrote a letter of resignation of my own free will. As expected, I worked for another 2 weeks. How soon should my salary be paid? Should the advance be transferred for the last month worked? Should there be any payments for unused vacation?
Stanislav Nepotyagov
what documents must the employer (LLC company) give upon dismissal (at his own request)
Article 84.1. General procedure for registering termination of an employment contract
Termination of an employment contract is formalized by order (instruction) of the employer.
The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction).
The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with this Code or other federal law, he retained his place of work (position).
On the day of termination of the employment contract, the employer is obliged to issue the employee a work book or provide information about labor activity (Article 66.1 of this Code) with this employer and make a settlement with him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.
Entry into the work book and entering information into information about labor activity (Article 66.1 of this Code) about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph articles of this Code or other federal law.
If, on the day of termination of the employment contract, it is impossible to issue the employee a work book or provide information about work activity with this employer due to the absence of the employee or his refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for a work book or give consent to sending it by mail or sending it to the employee by registered mail with notification of information about labor activity for the period of work for this employer on paper, duly certified. From the date of sending the specified notice or letter, the employer is released from liability for the delay in issuing a work book or providing information about work activities with this employer. The employer is also not responsible for the delay in issuing a work book or for the delay in providing information about work activity with a given employer in cases where the last day of work does not coincide with the day of registration of termination of employment upon dismissal of an employee on the basis provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon the dismissal of a woman whose employment contract was extended until the end of pregnancy or until the end of maternity leave in accordance with part two of Article 261 of this Code. At the written request of an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s request, and if, in accordance with this Code or another federal law, a work book is not kept for the employee, at the request of the employee (in writing or sent in the manner established by the employer, to the employer's email address), who has not received information about work activity from this employer after dismissal, the employer is obliged to issue them no later than three working days from the date of the employee's application in the manner specified in his application (on paper, duly certified, or in the form of an electronic document signed with an enhanced qualified electronic signature (if the employer has one).
Termination of an employment contract is formalized by order (instruction) of the employer.
The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction).
The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with this Code or other federal law, he retained his place of work (position).
On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.
An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law.
If it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to come for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy or until the end of maternity leave in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.
Publications on the topic
- Statement of claim for recovery of wages due to delay in issuing a work book
- Sample application to the labor inspectorate for non-payment of benefits and deprivation of the opportunity to start work
Article 84.1 of the Labor Code of the Russian Federation defines the general algorithm for the procedure for registering the termination of an employment contract, in particular, the employer signing the relevant order, familiarizing the employee with it against signature, issuing him a work book and making a full payment.
In accordance with Article 84.1 of the Labor Code of the Russian Federation, the employer is obliged to provide the employee with all copies of documents related to work, duly certified.
This article also stipulates the procedure and degree of responsibility of the employer in cases related to the delay or impossibility of issuing a work book to an employee.
The text of Article 84.1 of the Labor Code of the Russian Federation specifically notes the need to make an entry in the work book in strict accordance with the wording of the Labor Code of the Russian Federation with references to the relevant paragraphs.
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Question
Is there a deadline for the employer to issue a duplicate work book due to the invalidity of the dismissal record? The employee was reinstated in accordance with the court decision, and subsequently dismissed at his own request. He insists on issuing a duplicate; the corrected entry does not triple it. The employee has a resolution from the labor inspectorate to hold the employer administratively liable for refusing to issue a duplicate.Lawyer's response:
By virtue of clause 33 of the Rules for maintaining and storing work books, introduced by Decree of the Government of Russia No. 225 of April 16, 2003, if a dismissal entry is made in the work book, which is subsequently declared invalid, the employee must be given a duplicate at his request. All entries must be transferred to it, except for the one that is declared invalid. In this case, the work book is subject to registration in the manner prescribed by law, namely. According to Part 4 of Article 84.1 of the Labor Code of the Russian Federation, on the day when the employment contract is terminated, the employer has the obligation to issue the employee a work book. Since the registration of a duplicate book, necessary due to the making of a discreditable entry, does not require a search for primary documentation, it would be logical to assume that in this case the employer must adhere to the deadlines specified in Part 4 of Article 84.1 of the Labor Code of the Russian Federation.
Question
The employer carried out an illegal dismissal and for six months does not pay the former employee’s salary or issue a work book. How to proceed?Lawyer's response:
According to Art. 140 of the Labor Code of the Russian Federation, upon termination of employment contracts, all amounts due are paid on the day of dismissal. In accordance with Art. 84-1 of the Labor Code of the Russian Federation, the issuance of a work book, as well as copies of documentation related to work, is carried out on the day of termination of the employment relationship. If the employer violates these legal norms, the employee is recommended to contact the State Tax Inspectorate (Article 356 of the Labor Code of the Russian Federation) or the court (Article 392 of the Labor Code of the Russian Federation).
Question
We have an incomprehensible situation. The employee stopped showing up at his workplace. Tell me, if an employee does not show up for work, how to formalize his dismissal?Lawyer's response:
In accordance with Art. 84.1 of the Labor Code of the Russian Federation, dismissal is formalized on the last day of work. You should indicate the reason for dismissal and make an appropriate entry in the work book, notifying the employee in advance.
Question
Since November 15, the electrician has been on sick leave due to a broken arm. On December 1, he was notified by telephone by the head of the personnel department that the position he occupied was subject to reduction. Therefore, after the sick leave is closed, the electrician needs to come and fill out all the necessary documents for layoffs in the HR department. The specialist is not satisfied with this state of affairs. Is there a way out? Is there a violation of labor laws in this case?Lawyer's response:
Based on clause 2, part 1, art. 81 of the Labor Code of the Russian Federation, termination of an employment contract may occur in the event of a reduction in the number of employees. At the same time, according to Part 2 of Art. 180 of the Labor Code of the Russian Federation about the impending dismissal, the employer is obliged to personally warn employees against signature no later than 2 months before the actual dismissal. The law does not provide for an extension of this period for the duration of the specialist’s incapacity for work. Moreover, according to Part 6 of Art. 81 of the Labor Code of the Russian Federation, during a period of incapacity for work, dismissal of a specialist is unacceptable. In this case, the 2-month period will begin from the moment the specialist leaves sick leave and receives a signature notice of layoff. In this case, the specialist has the right to: agree to terminate the contract at an earlier date, but with payment of compensation; demand a transfer to another job from among the vacancies available in the company; go to court with claims for reinstatement and payment of an amount corresponding to average earnings if the dismissal was carried out with violations.
Question
A 5th year student at a university studying there on a referral from an organization was verbally notified of the upcoming layoff. Will such a reduction be legal?Lawyer's response:
Russian legal norms do not provide any guarantees associated with the termination of employment contracts on the basis of staff reduction for employees who study at a university. The law imposes a number of requirements on the procedure for carrying out measures related to reduction. In particular, the employer must offer available vacant positions to employees subject to layoffs (Article 180 of the Labor Code of the Russian Federation). In addition, in this case, employees should be notified of the upcoming dismissal individually, against their signature, at least 2 months in advance. Art. 179 of the Labor Code of the Russian Federation contains a list of persons who have preferential rights to retain their jobs during layoffs. Among these persons, the law, in particular, identifies employees who improve their qualifications without interrupting their work activities, based on the direction of the employer. It should be noted that, on the basis of a collective agreement, other groups of specialists can also be identified who are given preferential rights to retain jobs if they have an equal level of qualifications or labor productivity.
Article 84.1. General procedure for registering termination of an employment contract
- checked today
- code dated 01/01/2019
- entered into force on 10/06/2006
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Termination of an employment contract is formalized by order (instruction) of the employer.
The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction).
The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with this Code or other federal law, he retained his place of work (position).
On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.
An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law.
If, on the day of termination of the employment contract, it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to come for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph "a" of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code, and upon dismissal of a woman whose employment contract was extended until the end of pregnancy or until the end of maternity leave in accordance with part two of Article 261 of this Code. Upon written request from an employee who has not received a work book after dismissal, the employer is obliged to issue it no later than three working days from the date of the employee’s application.
Other articles in this section
Judicial practice under Art. 84.1 Labor Code of the Russian Federation
| Case No. 11-КГ13-10 dated July 26, 2013 |
|
| Case No. 18-КГ13-40 dated July 19, 2013 |
Judicial Collegium for Administrative Cases, Cassation |
| Case No. 64-KG13-3 dated June 7, 2013 |
Judicial Collegium for Administrative Cases, Cassation |
| Case No. 5-КГ13-43 dated May 31, 2013 |
Judicial Collegium for Administrative Cases, Cassation |
| Case No. 18-КГ12-37 dated October 26, 2012 |
Judicial Collegium for Administrative Cases, Cassation |
| Case No. 5-APG12-32 dated October 19, 2012 |
Judicial Collegium for Administrative Cases, appeal |
| Case No. 18-B12-19 dated May 4, 2012 |
|
| Case No. 4-B12-4 dated March 16, 2012 |
Judicial Collegium for Administrative Cases, Supervision |
| Case No. 19-B11-19 dated November 25, 2011 |
Judicial Collegium for Administrative Cases, Supervision |
| Case No. 4-AD11-8 dated October 10, 2011 |
Administrative board, supervision |
| Case No. 52-B10-3 dated December 17, 2010 |
Judicial Collegium for Administrative Cases, Supervision |
| Case No. 92-B10-1 dated June 25, 2010 |
Judicial Collegium for Administrative Cases, Supervision |
Amendments to Art. 84.1 Labor Code of the Russian Federation
Mentions of Art. 84.1 of the Labor Code of the Russian Federation in legal consultations
- Upon dismissal there is work off
16.03.2018 warned if they tell you otherwise and force you to work a full 14 working days, then your labor rights are being violated. Regarding the issuance of a work book. IN Article 84.1 of the Labor Code of the Russian Federation it is said that the work book, together with the dismissal record already entered, is handed over to the employee on his last working day, that is, for example,
- Payment after dismissal
25.11.2017 Good afternoon, Irina Mikhailovna. IN Article 84.1 of the Labor Code of the Russian Federation it is said: On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make settlements with him in accordance with article
- Termination of an agreement
21.02.2017 receive the final payment and work book, or give written consent to send it by mail. If the employee does not appear, a corresponding entry is made on the order ( Article 84.1 of the Labor Code of the Russian Federation). Dismissal for absenteeism is carried out under subparagraph a of paragraph 6 of Article 81 of the Labor Code of the Russian Federation. If you have any questions, please ask
- How to quit from a distance?
22.01.2017 subsequent confirmation via email. Upon dismissal, the employer is obliged to familiarize you with the dismissal order, issue pay slips and a work book in accordance with the Article 84.1 of the Labor Code of the Russian Federation. In order not to violate your legal right to familiarize yourself with the order and the deadline for issuing a work book, I would recommend that you apply for resignation
- delay in issuing a work book and cash payment
08.01.2016 , and even more so, it is not possible to get a cancellation of dismissal and dismissal two months later in court, since in this situation, your former employer did not violate the law. IN Article 84.1 of the Labor Code of the Russian Federation it is said: In the case when on the day of termination of the employment contract it is impossible to issue a work book to the employee due to his absence or refusal to receive it
- dismissal of an employee at his own request
30.09.2015 days did not withdraw his application, then the employer is obliged to dismiss him, since in this way the employee’s freedom of choice, that is, his constitutional rights, is violated. IN Article 84.1 of the Labor Code of the Russian Federation it is said: The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases when the employee actually
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13.07.2015 You will either have to show up at work to get your work book and pay slips, or your employer will be required to send you a notice the very next day asking you to come get it ( Article 84.1 of the Labor Code of the Russian Federation last paragraph) As for settlement bills, they are also paid on the last working day, or if the employee is absent from work, as in your case, settlement
- Working hours regarding dismissal during vacation
13.07.2015 be on vacation, then the employer will be obliged to issue you a work book with the corresponding entry and payroll on the last working day before the vacation, as stated in Article 84.1 of the Labor Code of the Russian Federation: The day of termination of the employment contract in all cases is the last day of work of the employee, except for cases where the employee did not actually work
- during what period can you file documents in court for wrongful dismissal due to staff reduction?
07.07.2015 the moment the dismissal order is served on you. And considering that the dismissal order should have been handed to you on the last working day, which is also the day of dismissal, as stated in Article 84.1 of the Labor Code of the Russian Federation, then the date of counting the monthly period can be considered the day of dismissal. If you have any more questions, please contact us.
- Deadline for settlement with an employee upon dismissal
07.05.2015 dismissal due to reduction, other compensation payments are possible if they are provided for by the terms of your collective agreement. Also in accordance with Article 84.1 of the Labor Code of the Russian Federation, the employer is obliged to issue the employee a work book with the corresponding entry on the working day, and if the employee did not work on the day of dismissal, then
- How is settlement with an employee made upon dismissal by agreement of the parties?
18.03.2015 Good evening, Elena. The employer MUST issue you a 2NDFL certificate on the day of dismissal ( Art. 84.1 Labor Code of the Russian Federation and Art. 4.1 255-FZ). Article 84.1. General procedure for registering termination of an employment contract Termination of an employment contract is formalized by order (instruction) of the employer
- Retraining of an employee. Upon dismissal, they are required to sign a training agreement.
13.03.2015 The Labor Code of the Russian Federation is required to give you all copies related to your work within 3 working days. Then count 14 days from the date of your visa. On the last working day according to Article 84.1 of the Labor Code of the Russian Federation and Article 140 of the Labor Code of the Russian Federation, you must be given a work book and make a monetary settlement with you (compensation for unused vacation and wages from the date
29.07.2016 unused vacation (if any); severance pay in the amount of average earnings for the first month after dismissal. You are required to make these payments in any case ( Art. 84.1 Labor Code of the Russian Federation, art. 178 Labor Code of the Russian Federation). If an employee, at the end of the second month after dismissal, brings you a work book in which your notice of dismissal will be the last
20.01.2016 employment contract by notifying the employer in writing no later than one month in advance. The general procedure for formalizing the termination of an employment contract is established Art. 84.1 Labor Code of the Russian Federation Thus, the remaining members of the board (or the one who was tasked with drawing up documents at the board meeting) are obliged, according to the Labor Code of the Russian Federation, to formalize the dismissal and make
30.12.2015 Good evening, Andrey. The obligation to provide copies of documents to an employee upon dismissal is enshrined in Article 84.1 of the Labor Code of the Russian Federation, which in particular says: On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with
19.12.2015 public service. Based on the above, entry in the work book about the basis and reason for termination of the employment contract is carried out in accordance with Art. 84.1 Labor Code of the Russian Federation and must be carried out in strict accordance with the wording of this Code or other federal law and with reference to the relevant article
08.12.2015 Honestly, at least they changed the dates. I would recommend that you familiarize yourself with Article 80 of the Labor Code of the Russian Federation, with the procedure for applying dismissal clause 7 of Article 81 of the Labor Code of the Russian Federation, and also pay attention to Article 140 of the Labor Code of the Russian Federation and Art. 84.1 Labor Code of the Russian Federation You will also need the civil code. If you have any questions, I will be happy to help, but I would still recommend that you study on your own, and not at the expense of
05.11.2015 date you sent the notification? If earlier than the second, then the company does not bear responsibility; if later, then the employee can prove the opposite in court. IN Article 84.1 of the Labor Code of the Russian Federation it is said: From the date of sending the specified notice, the employer is released from liability for the delay in issuing the work book. That is, it is not the fact that is important
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