An administrative document signed by the head of the enterprise , which contains all the information regarding the terms and reasons for terminating the employment relationship between the employee and the employer - this is the order of dismissal. Termination of the employment agreement must be implemented in strict accordance with the law. The procedure for this procedure is governed by the relevant articles of the Labor Code of Russia.
The dismissal order contains some basic details, which include:
- name and registration number of this document;
- date of its compilation;
- data of the dismissed employee (name, patronymic, last name, position);
- name of the enterprise;
- type of dismissal (consent of the parties, of their own free will, for absenteeism, etc.);
- the document that served as the basis for writing the order and the date of its preparation;
- signature of the head;
- signature of the dismissed, which certifies the fact of his acquaintance with the order;
- seal of an institution or enterprise.
The form of the order of dismissal has two varieties: No. T-8 (used when one employee is relieved of his post) and No. T-8a (used when issuing the order for the dismissal of a group of employees).
If there was a need to dismiss an employee for reduction, he must be warned by the head of the enterprise two months before the upcoming suspension from work, and with the delivery of a mandatory notice. The law provides for the likelihood of dismissal without prior notice, but only in cases where the employee agrees to early care and confirmed in writing.
In cases where the work performed by an employee is seasonal, the manager has the right to give notice of future deductions related to the need to reduce staff seven days before the order is issued. If the employment contract was concluded for a period of less than two months, such notice may be given three days before the upcoming dismissal. The notice given to the employee in no way affects the main employment relationship.
If the employee does not want to sign a notice of impending 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 draw up a dismissal order within the time period prescribed by law.
As for the voluntary exit from work, it does not present any difficulties. Especially in situations where everything happens by mutual agreement of the employee and manager. It is enough for the employee to warn the manager in two weeks about the desire to receive a settlement, after which the order of dismissal at will will be signed . In order to avoid undesirable excesses, the manager must be warned in writing, and a copy of the application must be signed by a personnel officer confirming that he received the original document. If the employee was accepted with a trial period, then he can receive the calculation within three days after submitting the application.
The dismissal order is usually made in one copy. However, the deportee has the right to demand not only a copy of the issued order, but also its original. In such cases, the employer must draw up another original order and certify it with his signature and seal, and then give it to the employee.
The issuance of the dismissal order marks the end of the existing employment relationship. Records about the type and term of dismissal are transferred from the order to the workbook of the former employee.