Regularly, personnel officers are faced with the paperwork of the resigning employee. Of course, there are many reasons for dismissal, so it is necessary in each case to reflect them in the work book. The personnel officer should refer to the article and part of the Labor Code, which reflects the reason for dismissal. However, often disputed questions arise about which part to indicate in the work book and how to make an entry in the work book about dismissal at will.
Let's take a closer look at the most common phenomenon - the dismissal at the request of the employee himself.
Each employee has the right to independently terminate the employment contract, in advance (2 weeks) to notify his employer in writing about this. But, there are also categories of employees who have the right to quit without working out. These include: concluded a fixed-term contract up to 2 months and seasonal workers. In this case, employees are obliged to notify the employer in writing of 3 days in advance. In addition, according to the law, it is possible to apply during the period of vacation or temporary disability.
The employee who submitted the application has the right to withdraw it before the date of dismissal. However, if a person has already been taken to the place of resignation and an order is issued for him, then it is forbidden to withdraw the application by law.
How to make an entry in the workbook upon dismissal at will?
Some personnel officers, making a record, rely on the Instruction of the Ministry of Finance No. 69 and make a note that the employee was dismissed on the basis of paragraph 3 of Article 77 of the TKRF. And others rely on the requirement of the Labor Code and indicate in the work book of clause 3 part 1 of article 77 TKRF.
Regardless of the personnel officer’s preference, the record is fixed, and the employee is obliged to put the inscription “Acquainted” and sign in the shopping mall (work book).
If the dismissal occurs as a result of preferential benefits provided by law, it is necessary to make an entry in the work book about the dismissal of your own free will and indicate the reason.
One of the grounds for such dismissal may be caring for a child under the age of 14 years (at the same time, a certificate from a medical institution is provided). Also, this type of dismissal is quite common among employees whose husbands are transferred to another locality (in this case, it is necessary to provide a certificate from the spouse's place of work).
So, there is one caveat - dismissal as a result of transfer to another job. According to the law, such dismissal is also a desire of their own. How to make an entry in the employment record of dismissal? Let's figure out how to deal with such a problem.
According to the Labor Code (paragraph 5, article 77), the employer has the right to make this dismissal when:
- the request of the employee
- with the consent of the employee
Of course, the record depends on the basis of dismissal. The new organization must make an entry in the shopping mall stating that the employee is “accepted during the transfer”. However, the reason for the transfer is not indicated.
When making an entry in the workbook about the dismissal of your own free will, be extremely careful. Indeed, despite the ten-year effect of the TKRF, common mistakes are made. Some personnel officers, filling out an entry in the work book of dismissal of their own free will, refer to article 80 of the TKRF. This action is unacceptable, since this article is only an explanation of the dismissal procedure and is not a reason for dismissal of an employee. Such registration will create certain problems not only for the resigned employee, but also for his employer. Indeed, at the next place of work they will be asked to make appropriate corrections.