The administrative decree signed by the head of the enterprisea document that contains all the information on the timing and reasons for the termination of the employment relationship between the employee and the employer - this is the order for dismissal. Termination of the employment agreement must be implemented in strict compliance with the law. The procedure for carrying out this procedure is regulated by the relevant articles of the Labor Code of Russia.
The dismissal order contains some basic requisites, which include:
- name and registration number of this document;
- the date of its compilation;
- data of the employee being dismissed (name, patronymic, surname, position);
- name of the enterprise;
- type of dismissal (consent of the parties, at their own will, for absenteeism, etc.);
- the document that served as the basis for writing the order and the date it was compiled;
- signature of the head;
- the signature of the person being dismissed, which certifies the fact of his acquaintance with the order;
- the seal of an institution or enterprise.
The form of the dismissal order has twovarieties: No. T-8 (applies when one employee is dismissed from office) and No. T-8a (used when issuing an order to expel a group of employees).
If there was a need to dismiss an employeeon reduction, he should be warned by the head of the enterprise two months before the future removal from work, and with delivery of the obligatory notification. The law provides for the possibility of dismissal without prior notification, but only in cases where the employee agrees to early withdrawal and confirmed this in writing.
In those cases when the employeethe work has a seasonal character, the manager has the right to give notice of a future deduction due to the need to reduce staffing, seven days before the order is issued. If the employment contract was concluded for a period of less than two months, such notification may be served three days before the forthcoming dismissal. The notice given to the employee does not in any way affect the basic labor relations.
If the employee does not wish to sign a notice ofthe forthcoming dismissal, it is enough with two disinterested witnesses to draw up an act confirming the refusal to sign the presented document. After that, the employer has the full right to make an order for dismissal within the time limits stipulated by law.
With regard to the procedure for leavingown desire, it does not present any difficulties. Especially in those situations where everything happens by mutual agreement between the employee and the manager. It is enough for the employee to inform the head in two weeks about the desire to receive a calculation, after which the order for dismissal will be signed at his own request. In order to avoid undesirable excesses, the manager should be warned in writing, and on the copy of the application there must be a signature of the personnel officer certifying receipt of the original document. If the employee was received with a probationary period, he can receive a settlement three days after the application was submitted.
The dismissal order is usually drawn up in onecopy. However, the expelled has the right to demand not only a copy of the issued order, but also its original. In such cases, the employer must create another original order and certify it with a signature and seal, and then give it to the employee.
The publication of the dismissal order marks the end of the existing labor relations. From the order in the work record book of the former employee, records about the type and term of the dismissal are transferred.
