Labor was dismissed of his own free will sample. Record of dismissal in the work book: samples and wording. The signature of the employee in the work record book upon dismissal

A personnel officer or an employee who is authorized by the head of the organization should make the appropriate entries in the book. At the same time, only a specialist who is responsible for maintaining personal documentation of employees has the right to certify the information.

All information must comply with the text of the order of dismissal. Such rules are established in clause 10 of the Labor Conduct Rules, approved by the Decree of the Government of the Russian Federation of April 16, 2003 under No. 225 (hereinafter referred to in the article of the Rules).

Examples of registration of labor records for all occasions

The sequence of entries in the work book about dismissal

Step 1. Enter in the first column the ordinal number in Arabic numerals

The numbering should be continuous, starting from the first entry and continuing in the insert.

Step 2. Enter the date in the second column in Arabic numerals

All numbers from 1 to 9 are indicated with a zero. For example, March 4, 2019 must be specified in this format "03/04/2019". Termination date labor relations coincides with the last day of work of the employee. An exception is going on vacation with subsequent dismissal. In this case, indicate in the document the last day of the vacation (on the basis of part two of Article 127 of the Labor Code).

Step 3. Indicate in the third column the reasons for the termination of employment with reference to the relevant article of the law

Step 4. Indicate in the fourth column the reasons for dismissal

It is necessary to list the details of the order or instruction of the head, other document. First, the name of the order is entered, and then the date and number are indicated.

Labor enrollment " dismissal by on their own "Or for other reasons are introduced without abbreviations. All information entered by a personnel officer or other authorized employee is certified. The responsible person indicates his position, affixes his signature, makes a transcript, indicating the last name, first name, patronymic. In accordance with the Order of the Ministry of Labor of Russia dated October 31, 2016 under No. 589n, it is necessary to certify the signature with a seal only if the organization uses it. All marks can be certified not only with the seal of the company, but also with the personnel department.

It is important that the seal is round and includes the full name of the company and the legal address of its seat. This is confirmed by the letters of Rostrud dated November 22, 2012 under No. 1450-6-1 and dated January 20, 2014 under No. PG / 13282-6-1, by the Pension Fund in a letter dated August 16, 2017 under No. 19-19 / 12397.

A record of dismissal of his own free will or for other reasons must be certified by the signature of the employee himself. This means that the employee was familiarized with it, which in the future will protect the employer from possible problems.

Read in the "Personnel System":

What are the general recording requirements

Filling out a work book upon dismissal is done carefully using fountain pens, gel or ballpoint pens. Uses ink of black, blue, purple flowers... You cannot enter information with ink of a different color. For example, don't use red, green, pink, or yellow.

If, when making an entry in a book, the pen ran out of ink, then it is permissible to complete it with another pen using ink of the same type and color. When it is not possible to find similar ink, you need to try to maintain color. An entry made with different ink is in any case valid if the ink and pen meet all the specified requirements.

What are the nuances to consider when entering information in the third column

When filling out the third column, personnel officers often have questions. Incorrect wording may contradict the established norms of the law. There are three wording options:

• "Fired ..."
• "The employment contract was terminated ..."
• "The employment contract has been terminated ..."

Article 84.1 of the Labor Code of the Russian Federation mentions a record of dismissal, that is, "on the reason for the termination of an employment contract." At the same time, Article 81 of the Labor Code indicates "termination of the TD (employment contract) at the initiative of the employer", and in article 66 of the Labor Code of the Russian Federation - directly "on dismissal". The difference between concepts such as: "dismissal", "termination / termination of the employment contract" is explained from the point of view of the theory of law. Since the employee is considered the subject of labor relations, he is fired. An object is a contract that can be terminated or terminated. Both of these concepts mean the immediate termination of cooperation, which means that they are equivalent in meaning.

If a dismissal is carried out of their own free will, for other reasons, an entry in the labor book is made using one of three formulations.

The exception to the established rule is the death of an employee. A person who is not alive cannot be fired. In accordance with clause 5.4, the instructions in the book indicate that labor contract terminated.

Dismissal due to the death of an employee

You can download the sample.

How to indicate the grounds for dismissal

Dismissal in work book, that is, grounds, obliges to enter article 84.1 of the Labor Code of the Russian Federation. At the same time, article 77 of the Labor Code of the Russian Federation indicates the grounds for terminating labor relations. In the current legislation, there are no instructions on how to enter part of the relevant article - in words or in numbers. In the text Labor Code when mentioning a part of the relevant articles, the numbers are indicated in words. Therefore, when making an entry, you can be guided by this rule and indicate the part number of the corresponding article in words.

Table. Samples of entries in the work book upon dismissal with links to articles of the Labor Code of the Russian Federation

You can download the sample.

What are the features of making an entry when you leave on your own

Employee initiative is the most common reason for dismissal. But personnel officers often have a question whether to make an entry in the work book with the wording "of their own free will" or "at the initiative of the employee."

In the Instructions, on which it is necessary to rely, in clause 5.2, the following wording is proposed: “ Fired of his own free will ... ". When making the appropriate mark on the basis of the personnel officer, you need to refer to the third paragraph of the first part of Article 77 of the Labor Code. There the wording is indicated: “ employee initiative ". Both suggested options turn out to be correct. Neither the labor inspectorate nor the Pension Fund have any claims to such wording.

Labor enrollment " fired of his own free will »Are certified in the generally accepted manner. When making an entry in the dismissal book, they must indicate the reason if the employee with whom the employment relationship is terminated will have the right to receive certain benefits or guarantees (subject to clause 5.6 of the Instructions).

An entry in the work book about dismissal is made in a certain sequence. Filling is carried out carefully using fountain pens, helium pens or ballpoint pens. They use black, blue, violet ink. You cannot enter information with ink of a different color - red, green, pink, or yellow. Incorrect wording may contradict the established norms of the law.

On the this moment the work book is the main document about employment for work. At the same time, there are certain rules noted in the Labor Code of the Russian Federation, according to which a work book must be kept - in case of violation of the organization, a serious fine may threaten. To avoid this, let's look at what entries are made in the work record of dismissal.

Several features and important points of filling labor

Everything about the conduct of labor, in particular about the correctness of the record of dismissal, is recorded in Resolution 225. According to it, absolutely all employers (excluding individuals) must keep such books. It is customary to refer to employers not only legal entities, but also individual entrepreneurs, farms. An important point- according to article 66 of the Labor Code of the Russian Federation, work books also need to be kept for all employees who have worked in the position for more than 5 working days.

But for external part-time work, you don't have to carry out labor - here everything depends on the desire of the employee himself. But if you have already started applying for a part-time employee, then you should definitely formalize his dismissal.

The procedure for filling out the labor

Before we tell you how to make an entry in the work book about dismissal, you should briefly talk about general rules maintenance of this document.

• In column No. 1 in the section "Information about the work" we put down the serial number of the record. That is why the first record is assigned the first number, and so on. If the last entry was numbered seven, then the next entry was numbered eight, and so on.
• In column No. 2 we indicate the date of dismissal. It must fully correspond to the date in the order. Indicated in the following format - day: month: year (09/10/2016).
• In column No. 3 we indicate the basis for dismissal, not forgetting to indicate the paragraph of the article of the Labor Code of the Russian Federation. You can specify the following wording: "Was dismissed in accordance with ...", "The employment contract was terminated under article ...".

It is important to note that the grounds for dismissal must be formulated exactly as written in the Labor Code of the Russian Federation. For example, "At the initiative of an employee."

Which articles of the Labor Code to refer to?

Here you should also be guided by Resolution No. 225, some of which are devoted to the direct dismissal of company employees. Let's take a closer look at this question:

Let's take a closer look at how to formulate information and record data in a work book.

Table No. 1. Upon termination of the employment contract at the initiative of the employee

Table 2. Upon termination of an employment contract at the initiative of the employer

Table 3. Upon termination of an employment contract due to circumstances beyond the control of the parties

Several important nuances when making entries in the work book

When registering a dismissal in the work book the following definitions should be entered in full:

• Part.
• Article.
• Order.
• the Russian Federation
• Labor Code.

And if you made a mistake in the wording or mixed up the details, you cannot cross out what has been written. You need to proceed as follows:

1. An order is issued to invalidate the entry.
2. The next number in the work book is information about an invalid entry with the clarification of the order number.
3. A new entry is made.

Any entries in the work book are recorded on the basis of a document - this can be an employee's statement, an order or an order from the employer. In this case, the word "Order", as we have already said, must be written down in full. Also, personnel officers are prohibited from making other reductions. For example, if you write “p. 1 h. 1 tbsp. 77 of the Labor Code of the Russian Federation ". Then such a record will become the basis for a fine. You also need to pick up a pen: a gel, ballpoint, fountain pen is suitable, ink can be black, purple or blue.

What if the employee decided to cancel the document? If the employer has already managed to issue an order for his dismissal and the corresponding entry has appeared in the employment record, it is necessary to issue a new order to annul the previous document.

On its basis, a new labor record will be made:

• In column No. 1 we put a serial number.
• In column No. 2 we enter the date of the entry.
• In column No. 3 we write that "The entry for the" number ... "is invalidated." After that, we write down the current record.
• In column number 4, we once again enter the order number.

Because of what can a labor record be recognized as invalid?

Records in the employment record may be invalidated if:

• The reason for the employee's dismissal was incorrectly indicated (for example, instead of Article 83 of the Labor Code of the Russian Federation, Article 80 of the TRK of the Russian Federation was indicated, which is not a basis for voluntary dismissal).
• The details of the order are indicated incorrectly - most often this happens due to the carelessness of the employee filling out the document.
• Errors when entering the date. This includes both errors caused by carelessness (for example, the wrong year was entered - not 2017, but 2016), but also factual errors (when the date of dismissal does not correspond to the date specified in the order)
• Blots, mistakes in notes, including grammatical ones.

Therefore, it is advisable for all employees who are engaged in the preparation of the document, immediately after writing to check the correctness of the information entered and only after that put their signature. If errors are discovered later, it will be more difficult to make corrections.

Conclusion:

• Labor books are kept by all legal entities, individual entrepreneurs, farms.
• All grounds for dismissal must be recorded exactly with the wording of the articles that are described in the Labor Code.
• In no case cross out or correct entries in the labor book.
• If problems and inaccuracies are found during the maintenance of work books, this can lead to fines of up to 5,000 rubles for an official and up to 5,000 rubles for a legal entity.

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02.01.2018, 19:10

The employee wrote a letter of resignation of his own free will. The day of dismissal is approaching, when it is necessary to make a full settlement with the employee and issue him a work book. However, the dismissal in the company occurs for the first time, therefore, the personnel specialist needs a sample of 2018 employment record upon dismissal of his own free will.

You can't do without a statement

An employee who decides to quit must give notice of his intention in advance. In general, this must be done no later than two weeks before the expected day of dismissal (part 1 of article 80 of the Labor Code of the Russian Federation).

How to make an entry in the labor

After the application is written, the order is issued and the personal card is closed, the employee must make a record of the dismissal in the work book of his own free will. The content of the record will be as follows: “The labor contract was terminated on the initiative of the employee, clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation (clause 15 of the Rules, approved by decree of the Government of the Russian Federation of 04.16.2003 No. 225, clause 5.2 of the Instruction, approved by the decree of the Ministry of Labor Russia dated 10.10.2003 No. 69).

For your information
Labor book - the main document of the employee, containing information about his work experience and the facts of labor activity (Article 66 of the Labor Code of the Russian Federation). All employers (organizations and individual entrepreneurs) are obliged to keep work books, making entries in them in the manner prescribed by law. If this work for an employee the first, then he needs to issue a work book at the first place of work.

The dismissal record must be entered in the "Job Information" section, indicating the serial number of the record, the day of dismissal of the employee and the details of the order of dismissal. After that, the entry made must be certified with the signatures of an employee and a personnel specialist responsible for maintaining work books. If the organization has a seal, then it must be attached, certifying the entry made.

HE. Rusakova,
magazine "Salary" No. 4/2009

Employees quit for a variety of reasons.What records need to be made in each specific case, we will tell in the article.

An entry in the work book about the basis and the reason for the termination of the employment contract must be made in accordance with the wording of the Labor Code. In this case, it is necessary to refer to the relevant article, part, paragraph of the article of this document or another federal law. This rule is established in article 84.1 of the Labor Code. However, in practice, when entering into the work book of dismissal records, it often arises, for example, the question of what record should be made when dismissing voluntarily. Unfortunately, there is no single approach to this problem.

Dismissal of your own free will

Many personnel officers follow the instructions in clause 5.2 of the Instructions for filling out work books, which was approved by the decree of the Ministry of Labor of Russia dated 10.10.2003 No. 69 (hereinafter referred to as the Instruction). They make the entry: "Fired at their own request, paragraph 3 of Article 77 of the Labor Code of the Russian Federation."

Others rely on the requirements of article 84.1 of the Labor Code. In this case, the entry will be as follows: "The employment contract was terminated at the initiative of the employee, paragraph 3 of part 1 of article 77 of the Labor Code of the Russian Federation."

After making a record of dismissal, the employee must familiarize himself with it and sign in the work book. He can sign below the signature of the personnel officer, or make a handwritten entry "Acquainted" and sign (sample below).

If an employee leaves of his own free will for the reasons with which the legislation connects the provision of certain benefits and advantages, a record of the dismissal (termination of the employment contract) is entered in the work book indicating these reasons. This is stated in clause 5.6 of the Instructions.

The basis for making such entries may be an employee's statement that he needs to take care of a child under 14 years old, for an employee - a certificate from her husband's place of work about his transfer to work in another locality. Depending on the reason for dismissal, an appropriate entry must be made (sample below).

If the employee leaves in the order of transfer

Clause 5 of Article 77 of the Labor Code establishes several grounds for dismissal through transfer to another employer:

At the request of the employee;

With his consent.

The entry in the work record depends on the basis on which an employee is dismissed (see for a sample on pages 112 and 113). This is stated in clause 6.1 of the Instructions. V new organization when hiring, it is also necessary to indicate that the employee was accepted in the order of transfer, but the reason - at the employee's request or with his consent - does not need to be indicated (see the sample below).

Note!

Despite the fact that the Labor Code has been in effect for seven years, work books are still filled in with errors. When making a record of dismissal, they provide a link to article 80 of the Labor Code of the Russian Federation. It is not a basis for dismissal, but only regulates the procedure for terminating an employment contract at the employee's own request. This method filling out a resignation record creates problems not only for the employee, but also for the employer, because when hiring for a new place of work, an employee will be asked to correct such a record at the employee's previous place of work.

Sample record of dismissal of an employee of her own free will

DIRECTION OF AN EMPLOYEE RECEIVED UNDER A TERM EMPLOYMENT CONTRACT

The record of hiring an employee under a fixed-term employment contract does not differ from the record of hiring an employee under an open-ended employment contract. However, when an employee is dismissed due to the expiration of the employment contract, an entry must be made in accordance with paragraph 2 of Article 77 of the Labor Code (see below for a sample).

A sample record of the dismissal of an employee of her own free will in connection with the transfer of her husband to work in another locality

Sample note of dismissal in the order of transfer at the request of the employee

Sample record of dismissal in the order of transfer to another employer with the consent of the employee

Sample Employee Recruitment Record by Transfer Order

ADDITIONAL GROUNDS FOR TERMINATION OF THE EMPLOYMENT CONTRACT

V labor law there are three main types of grounds for dismissal:

General (Article 77 of the Labor Code of the Russian Federation, except for clauses 4 and 10);

Employer's initiative (Article 81 of the Labor Code of the Russian Federation);

Circumstances that do not depend on the will of the parties (Article 83 of the Labor Code of the Russian Federation).

In addition, there are additional grounds. For example, Article 278 of the Labor Code provides for two additional grounds for terminating an employment contract with the head of an organization:

In connection with the removal from office of the head of the debtor company in accordance with the legislation on insolvency (bankruptcy);

In connection with the adoption by the authorized body legal entity, either by the owner of the organization's property, or by the person (body) authorized by the owner of the decision to terminate the employment contract. "

Sample record of the dismissal of an employee due to the expiration of the employment contract

In these situations, when making a note of dismissal, one should refer not to article 77 of the Labor Code, but to article 278 and make a note according to its wording (see p. 117 for a sample).

Article 336 " Additional grounds termination of an employment contract with teacher»The Labor Code of the Russian Federation provides for four such additional grounds:

Repeated gross violation charter educational institution within one year;

Application, including one-time use, of upbringing methods associated with physical and (or) mental violence against the personality of a student or pupil (see page 118 for a sample of the corresponding record);

Reaching the age limit for the relevant position. In state and municipal higher educational institutions the positions of rector, vice-rectors, heads of branches (institutes) are filled by persons under the age of 65, regardless of the time of conclusion of labor contracts. Persons holding these positions and who have reached the age of 65 are transferred, with their written consent, to other positions that correspond to their qualifications (Article 332 of the Labor Code of the Russian Federation);

Failure to be elected by competition for the position of a scientific and pedagogical worker or expiration of the term for election by competition.

In any case, the termination record must comply with the wording of the Labor Code or other federal law.

Sample record of termination of an employment contract in connection with the adoption of the appropriate decision by the owner of the organization's property

Sample record of termination of an employment contract with a teacher

) contains information about the termination of the contract. The termination of its action on the initiative of the employee is considered in Article 80, on the initiative of the employer - in Article 81. The grounds are presented in Article 77 of the Labor Code of the Russian Federation;

It should be remembered that for certain categories of employees, for example,

• Foreigners ();
• athletes ();
• scientists (),

grounds for termination of employment are provided separate provisions.

Grounds for dismissal

The most popular reasons for dismissal are as follows:

• on their own;
• in order of translation;
• due to staff reduction;
• in connection with retirement;
• in connection with conscription;
• in connection with violation of labor laws.

V different cases entries in the work book are made in different ways.

Recording rules

According to, all entries in the columns of the form must be made on the basis of the order of the employer. This rule also applies to information on termination of the contract. The content of the entries in the columns must repeat the wording from the order (paragraph 14 of the Rules). Information about the termination of the contract is entered into the form of the dismissed employee on the day of his departure from the organization.

The procedure for making entries in the form is discussed in detail in. Consider the sequence in which an entry on the termination of working relations should be entered into the form (in accordance with clauses 5.1-5.6 of the Instructions):

1. In the first column of the "Job Information" section, the record number is put in order (you can use the sample work book below (dismissal of your own free will 2019)).
2. In the second, Arabic numerals indicate the date (day, month, year) of entering information about the termination of the contract.
3. The third indicates the grounds for terminating the contract with reference to the article. An example of an entry in a work book about a dismissal of his own free will in 2019 may sound as follows: “Dismissed at his own request, paragraph 3 of part one Article 77 of the Labor Code of the Russian Federation».
4. In the fourth, it is necessary to indicate the details of the order on the termination of working relations.
5. Information entered in the employee's form during his work in the organization is certified by a signature responsible person and the seal of the organization (if any).
6. As a sign of familiarization with the record, the employee puts his signature and indicates his surname with initials.

Sample resignation record in the work book 2019

Based on this sample of dismissal in the work book (2019), you can make the correct entry in the employee's form.

Dismissal in the order of transfer: entry into labor

An employment contract can be terminated with an employee in connection with his transfer to work to another employer (clause 5, part 1 Art. 77 of the Labor Code of the Russian Federation). An employee can transfer to work with another employer:

• on their own;
• at the initiative of the employer (both current and potential). In this case, dismissal by transfer is made out only with the written consent of the employee.

We offer a sample of how to make an entry in the work book about dismissal in 2019 when transferring to another place of work:

Record in labor for dismissal of their own free will 2019 year

Filling out a work book upon dismissal of your own free will in 2019 has a number of nuances. In the case when you need to make an entry in the work book upon dismissal of your own free will (2019), the appropriate wording in column 3 will be "terminated employment contract", and not "dismissed of your own free will." Some lawyers recommend, when writing upon dismissal of their own free will in the work record book (2019), write: "at the initiative of the employee", since it is it that corresponds to the wording given in the law. We offer you to see several examples of filling out a work book upon dismissal of our own free will 2019

Sample dismissal of their own free will, record in labor 2019

Dismissal due to retirement

In this case, the following sample of an entry in the employment record for dismissal of our own free will apply in 2019:

Dismissal initiated by the employer

If an employee leaves for a violation labor discipline, then a sample of an entry in the labor force for dismissal of his own free will in 2019 will not work, you will need to make the following wording:

When documents are issued to an employee

A frequent question of employees: when should they return the work book upon dismissal? The deadline for issuing a work book to a dismissed employee is clearly established: the employer must hand over the form with the entry made to the citizen on the last day of work.

Sending a work book by mail upon termination of employment is possible only with the consent of its owner, which should be drawn up in writing. This is practiced if the employee warns the employer in advance that he will not be able to be present at the workplace on the day of termination of the contract. This is also used if the main office of the company is located at a considerable distance from the unit in which the person works.

The form must be returned to the owner on time. What to do if due date the dismissed employee did not come for him? Failure to issue a work book upon dismissal threatens the employer with troubles in the form of a fine of up to 50,000 rubles. Therefore, in order to protect yourself, the head of the company should send a notification to the former employee by mail with a request to pick up the form in the personnel department of the enterprise or agree to send it by mail. This must be done on the last working day of the leaving employee.

Also, if the employee cannot come for the form on his own, he can turn to a person he trusts for help. This can be a close relative or a co-worker. After issuing a power of attorney from a notary, an acquaintance will be able to receive his document from the HR department.

Only after the dismissed employee received his work book with a note of dismissal in the appropriate column, you can put an end to this difficult matter

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