Order (instruction) on termination (termination) of an employment contract with an employee (dismissal). Form N T-8, 2021, 2021 - Enterprise records management documents

Home / Labor Law / Dismissal and layoffs / Dismissal

Back

Published: 04/13/2016

Reading time: 17 min

9091

A dismissal order is a document drawn up upon termination or termination of an employment contract with an employee. Refers to primary accounting documents.

Registration of dismissal orders is necessary for the official termination of employment contracts and recording of all cases of these terminations.

Why is it needed?
Registration form
Who fills out the order?
Nuances of filling
Questionable place on the T-8 form
Nuances when placing an order
Canceling an order

Reasons for terminating employment contracts

Employees decide to leave their jobs for various reasons. But all the diversity of their everyday situations can be reduced to ten articles of Chapter 13 of the Labor Code of the Russian Federation. According to its provisions, the grounds for terminating a contract with an employee are as follows:

agreement of the parties (voluntary and mutually beneficial) – Article 78;
expiration of the contract – Article 79;
the desire of the worker - Art. 80;
on the basis of transfer to another company or to an elected position;
refusal to continue work due to a change of business owner (Article 75), significant changes in working conditions (Article 76);
medical indications (progressive chronic disease, disability, information is presented in the form of certificates) – Article 73;
initiative of the employer (liquidation of business, reduction of personnel, guilty actions of a hard worker) – Article 71 and;
circumstances beyond the control of the parties (natural disaster, man-made disaster, making continuation of work impossible) – Article 83;
violation of the rules for concluding an agreement in relation to employees (if it interferes with the full performance of duties) – Article 84.

The above list is closed, therefore the order to terminate an employment contract as a basis for dismissing employees must contain one of the reasons mentioned above. It is prohibited to refer to several articles of the Labor Code of the Russian Federation in this document.

Is a bypass sheet required?

From the point of view of the Labor Code of the Russian Federation, signing a bypass sheet recording the absence of financial and other claims against the person resigning is not necessary. But in many organizations, especially large ones, it is customary for an employee to pay a visit to the heads of departments and collect their signatures on a document before leaving.

This is also important to know:
Features of the dismissal procedure in case of bankruptcy of an enterprise

The employee’s immediate supervisor is the last person to sign on the walk-through sheet. The presence of his visa means that the dismissed person handed over the inventory items registered with him, paid off his obligations to the company and duly transferred all information and files. After this, you can submit to him for review the order of dismissal at your own request.

Common Mistakes

Factual errors in applications and orders for voluntary dismissal are a fairly common situation. There are some nuances with the working period. If the application is ordinary and does not contain valid reasons for reducing this period, then the day of dismissal must be indicated on the form. Fourteen days is the usual period within which work must be completed.

Important! Another violation is the lack of explanation of the reasons why the employee wants to quit without working. For example, he retired, but did not indicate this fact in the application. Then the work must still be carried out.

The personnel department must carefully study the date of dismissal entered by the applicant who is about to resign. The preposition “with” gives an inaccurate idea of what date the dismissal was marked, and this should be included in both the order and the work book. Such an omission may be regarded as the employee leaving at the request of the employer, which means that he has the right to be reinstated in the workplace in the future. Lack of an exact day is also a mistake, possibly intentionally made by the employee.

Familiarization of the employee with the document

The norms of the Labor Code of the Russian Federation require that an employee familiarize himself with all personnel orders relating to him, against a signature. It's his right. Putting a date and a handwritten signature on the order after reading it means that the employee has carefully studied the document and has no objections to the content.

Sometimes an employee who leaves the organization against his own free will, for example, due to disagreements with management, refuses to sign the order. This is also his right. But in such a situation, the HR specialist is obliged to invite at least two witnesses and read out the contents of the document in their presence. After this, an act of refusal to sign is drawn up, which is stored in the employee’s personal file along with the order.

The absence of an act gives the dismissed person a reason to contact the labor inspectorate with a complaint about the arbitrariness of the company. If the inspectors see violations in the actions of the personnel officer, the order will be canceled, and the employee will be reinstated in his position with payment of salary for all days of forced absence.

Form of order for dismissal of employees

Usually orders are issued according to prescribed forms. Termination of an employment contract must be formalized using a unified document. For this purpose, by order, the T-8 form is used. Some personnel officers mistakenly believe that the use of this form is not necessary, since the corresponding order became invalid back in 2013 and is no longer used.

Fact
The dismissal order can be found here.

In principle, each organization has the right to develop its own version of the dismissal order, approve it by internal regulations and use such orders in everyday business. The main thing is that they comply with the requirements of Article 9 of Law No. 402-FZ. However, there is no need for such actions, since the T-8 form contains all the necessary fields to record the specifics of termination of a working relationship with a specific employee.

This is also important to know:
Loss of trust, dismissal of an employee, article of the Labor Code of the Russian Federation

If you still decide to use your own form, then it must contain:

Company name;
Full name and position of the person being dismissed;
grounds for terminating the contract;
date of document preparation;
executive visa;
the employee’s signature indicating agreement with the contents of the order (he must be familiarized with the order).
seal of the organization in the order (optional).

The content of the “dismissal” order must necessarily be based on a written statement from the employee who wishes to terminate the employment relationship with the employer. Therefore, the personnel officer must link the reason indicated in the application with the list of reasons for terminating the working relationship provided for by the code. Therefore, the basis for resigning of your own free will must be formulated in the order in accordance with one of the articles of Chapter 13 of the Labor Code of the Russian Federation.

Grounds for dismissal

Option 1. Own desire or agreement of the parties

In this case, the person writes a statement of termination of the relationship with his own hand.

If an employee leaves of his own free will, the order for voluntary dismissal will look like this:

If the dismissal occurs by agreement of the parties, the entry is as follows:

Option 2. Employer initiative

In cases where the dismissal is initiated by the administration, the basis for dismissal is most often a one-time gross violation of labor discipline committed by the employee.

At the same time, the employer may terminate the employment relationship with the employee due to:

staff reduction;
inconsistency with the position held based on the results of certification;
loss of trust, etc. (a full list of grounds is given in Article 81 of the Labor Code of the Russian Federation).

For example, in case of absenteeism, an order for dismissal at will (sample 2021, form) will be as follows

Option 3. Due to the death of an employee

This case refers to the termination of an employment relationship for reasons beyond the control of the parties. As mentioned above, the date of issue of the order will be the date the employer receives the employee’s death certificate, and the date of termination of the employment contract will be the date of the employee’s death.

In addition to death, these causes include:

conscription into the army;
condemnation;
disqualification, etc.

In the event of the death of an employee, the entry will be as follows:

Option 4. Vacation followed by dismissal

This option also happens, and often (Article 127 of the Labor Code of the Russian Federation).

If an employee wishes to rest before leaving work, the employer can provide him with such an opportunity.

In this case, two regulatory documents are issued:

on granting leave;
on termination of the employment contract.

The order to terminate the contract in this case will not differ from a similar order at one’s own request.

IMPORTANT!

Please note that the day of dismissal in this case is the last day of vacation, and in this regard disputes arise: when to give the work book to the employee: on the last day of vacation or on the last day before vacation? The answer to this question is simple - we submit the documents on the last day before the vacation.

Another question: is a seal required on the dismissal order? No, it’s not necessary, they don’t put stamps on such documents only if they certify the order of dismissal at one’s own request, a sample of which we provided above.

Issuance of an order

In most organizations, an order to terminate an employment contract with employees is drawn up by a personnel service employee. In small firms, the responsibility for compilation is often assigned to someone from the accounting department. If necessary, it can also be issued by the director of the company.

Fact
A sample of a voluntary dismissal order can be found here.

The data from the order is transferred to the employee’s personal card, as well as his work book, where they must be certified with the company’s seal.

The shelf life of the order, like any other archival personnel documentation, is 75 years.

Found documents on the topic “order to terminate an employment contract in text form”

Order (instruction) on termination ( termination ) of an employment contract with an employee (dismissal). Form N T-8 Documents of the enterprise's office work → Order (instruction) on termination (termination) of an employment contract with an employee (dismissal).
Form N T-8 ... date of drawing up the order (instruction) on termination ( termination ) of the employment contract with the employee (dismissal) terminated ...
Order (order) to terminate (termination) labor agreement with employees (dismissal). Form N T-8a
Documents of the enterprise's office work → Order (instruction) on termination (termination) of the employment contract with employees (dismissal). Form N T-8a
... the date of drawing up the order (instruction) on the termination ( termination ) of the employment contract with employees (dismissal) to terminate the employment ...
Samples wording orders and entries in labor book related to termination labor agreement (contract) at the initiative of the employee
Employment agreement, contract → Sample wording of orders and entries in the work book related to the termination of an employment agreement (contract) at the initiative of the employee
samples of approximate wording of orders and entries in the work book related to the termination of an employment contract at the initiative of the employee +-+ in the order ...
Calculation note upon termination (termination) labor agreement with an employee (dismissal). Form N T-61
Enterprise records management documents → Calculation note upon termination (termination) of an employment contract with an employee (dismissal). Form N T-61
document “calculation note upon termination ( termination ) of an employment contract with an employee (dismissal). form n t-61″ in format you can get from the link “download...
Samples wording orders and entries in labor book related to termination labor agreement (contract) on the grounds provided for in Art. 29 Labor Code of the Russian Federation
Employment agreement, contract → Sample wording of orders and entries in the work book related to the termination of an employment agreement (contract) on the grounds provided for in Art. 29 Labor Code of the Russian Federation
samples of approximate wording of orders and entries in the work book related to the termination of an employment agreement (contract) on the grounds provided for in Art. 2…
Sample. Order about termination labor agreement (dismissal from work. Typical interdepartmental form No. t-8) approved by the Central Statistical Office of the USSR 14. XII-1972 No. 816
Employment agreement, contract → Sample. The order to terminate the employment contract (dismissal from work. Standard interdepartmental form No. T-8) was approved by the Central Statistical Office of the USSR on December 14, 1972 No. 816
...bots standard interdepartmental form n t-8 approved by the Central Administration of the USSR 14. xii-1972 n 816 enterprise, organization order (instruction) n on termination of the employment contract "" 20 surname, i. O. workshop, report card section - rank category...
Form labor agreement (contract) with a teacher of a higher state educational institution of the Russian Federation (Appendix No. 2 to order State Committee for Higher Education of the Russian Federation dated September 15, 1993 No. 207)
Employment agreement, contract → Form of an employment agreement (contract) with a teacher of a higher state educational institution of the Russian Federation (Appendix No. 2 to the order of the State Committee for Higher Education of the Russian Federation dated September 15, 1993 No. 207)
Appendix No. 2 to the order of the State University of the Russian Federation dated September 15, 1993 No. 207 form of an employment agreement (contract) with a teacher of a higher state ...
Read also: Procedure for taking inventory of property and liabilities
Sample request for a reasoned opinion of the elected body of a primary trade union organization on the issue of termination of employment contracts with employees
Enterprise records documents → Sample request for a reasoned opinion of the elected body of a primary trade union organization on the issue of termination of employment contracts with employees
Sample. Order about termination labor agreement according to clause 5 of article 29
Employment agreement, contract → Sample. Order to terminate the employment contract under clause 5 of Article 29
termination of the employment contract under clause 5 of Art. 77 Serpukhov 03/12/2008 order no. 1. Viktor Grigorievich Petukhov to be dismissed on March 13, 2008 in order of transfer to Mir LLC, clause 5 of Art. 77 tk RF. ...
Order on approval of security instructions labor
Enterprise records management documents → Order on approval of labor protection instructions
order No. on approval of labor based on clause 5.4. methodological recommendations for the development of state...
Approximate form labor agreement (contract) with the head of the personnel department
Employment agreement, contract → Sample form of an employment agreement (contract) with the head of the HR department
...HR documentation; — formalizes the hiring, transfer and dismissal of employees in accordance with labor legislation and orders of the head of the company; - forms and maintains personal files of employees, makes changes to them related to work activities...
Sample. Approximate form labor agreement (contract) with the employee
Employment agreement, contract → Sample. Approximate form of an employment agreement (contract) with an employee
application no. 2 to the resolution of the Ministry of Labor of Russia of July 14, 1993 no. 135 sample form of an employment agreement (contract) 1. enterprise (organization), ...
Sample. Order head of the enterprise on vesting the management employees of the enterprise with rights to conclude and termination contracts
Enterprise records management documents → Sample. Order of the head of the enterprise on vesting the management employees of the enterprise with the rights to conclude and terminate contracts
order of the head of the enterprise on vesting the management employees of the enterprise with the rights to conclude and terminate contracts ...
Approximate form labor agreement individual entrepreneur with an employee
Employment agreement, contract → Sample form of an employment contract between an individual entrepreneur and an employee
...to conduct mandatory periodic medical examinations of the employee. 5.1.8. no later than ten days from the date of registration of termination of the employment contract , amendments and additions to it, one copy of the employment contract with a note about registration of termination , amendment...
Approximate form labor agreement with an employee of a federal budgetary institution
Employment agreement, contract → Sample form of an employment contract with an employee of a federal budget institution
...to conclude an employment contract and its approximate form with an employee of a federal budgetary institution, approved by order of the Ministry of Health and Social Development of Russia dated August 14, 2008 n 424n employment contract n "" 20 g....

Guidelines for completing the form

In their daily activities, HR officers most often face dismissal under Article 80 of the Labor Code of the Russian Federation. An order for dismissal at one's own request is drawn up according to unified rules and can be issued on the same T-8 form.

Fact
The T-8 dismissal order form is available here.

The sequence of actions that allows you to correctly prepare an order to dismiss a worker:

Select a suitable filling template.
Make sure that the employee’s application or other document according to which the contract is terminated is drawn up in accordance with all the rules.
Decide on a document template (form accepted by the organization, T-8 or T-8a).
Find the dismissal order form
Fill out the header of the document: enter the name of the organization, its legal status (it is acceptable to use an abbreviated name).
Assign a number to the order based on the company’s document flow rules.
Enter the last day of work.
Indicate the date and number of the document to be terminated.
In the line just below, enter the employee’s data in the genitive case, indicate his personnel number and previously held position.
Write down the subparagraph, paragraph and number of the article of the Labor Code of the Russian Federation on which the order is drawn up: dismissal at will, agreement of the parties, termination of the contract or for another reason.
Indicate the reason: in accordance with the employee’s statement, director’s order, medical report or other document.
Sign the order from the manager or person charged with the responsibility for the corresponding actions.
Familiarize the dismissed person with the document, give him a copy of the order or act recording the refusal to familiarize himself with the document (if necessary).

This is also important to know:
How to calculate average daily earnings

If the company's accounting is kept using 1C software, you will not need to look for a dismissal order form. If the fields of the electronic form are filled out correctly, the printed document will comply with significant legal requirements.

You can download a free current example of a dismissal order here.

Step-by-step instructions for filling out

Step 1. Fill out information about the organization.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

The header of the order must reflect the name of the organization in which the employee worked, indicating its organizational and legal form.

Step 2. Assign a number to the document according to the company’s internal document flow. Indicate the date that is the employee's last working day.

Step 3. Enter information about the employee himself.

We indicate the date of the employment contract that is being terminated (if the contract was fixed-term), or set the date of its termination (if it was permanent).

Step 4. Enter the last name, first name, and patronymic of the dismissed employee without abbreviations in the genitive case.

In the next cell, indicate your personnel number.

Indicate the structural unit, if any, and position.

Step 5. In the “Grounds for termination” column, indicate the reason for termination of the employment contract in accordance with the Labor Code of the Russian Federation. The basis may be documents such as an application, an agreement of the parties, a medical report, a summons to the military registration and enlistment office and others, depending on the reason for which the employee quits.

Step 6. After entering all the data, you must sign the document. This is done by the head of the enterprise or another person who has the right to sign on the basis of a power of attorney.

Step 7. Introduce the employee under signature. In the future, he may be given a copy of the act within three days on the basis of a written application.

Is it possible to cancel a manager’s dismissal order?

Cancellation of a previously issued order is possible at will:

employer - if the manager changes his mind about dismissing the offending employee, choosing a different punishment option, or there is no longer a need for layoffs;
employee - if an order to leave the company at his own request has already been issued, a sample bypass sheet has been given to the employee, but he has changed his mind about leaving his home.

In both cases, the personnel officer will have to issue an order. The reason for canceling the document will be the fact that the employee withdrew his application.

To issue an order canceling the dismissal order, you will have to either download a suitable form or draw up this document yourself in a free format. In any case, the document must:

indicate the name of the organization and the date of issue of the order;
refer to the previous order to break the TD;
specify the reasons for canceling the written order, for example, the employee’s desire to continue his employment relationship with the company.

Nuances that HR managers should know about

Although the form of the order for voluntary dismissal has not changed for quite some time, some specialists continue to make mistakes when drawing up a document on termination of an employment agreement. Among the most common flaws:

Incorrect form of document. Sometimes a personnel officer cannot find a standard dismissal order and manages to download the wrong form (for example, he uses the T8a format, intended for issuing orders to terminate an agreement with several employees on the same day).
The date of dismissal is indicated incorrectly. An inexperienced personnel officer who uses an order to dismiss from the organization at his own request forgets that the last working day will be the day of dismissal. If the employee wrote in the application: “I ask you to fire me on November 20, 2019,” then this date must be indicated in the order. If it says: “I request your dismissal from November 20, 2019,” then the last day of work will be November 19, 2019.
Lack of agreement with the trade union. If the enterprise has such a body, you will have to coordinate with it the dismissal at the initiative of the employer. An order to dismiss an employee at his own request, a sample of which was presented above, does not need to be signed by a trade union representative.

Free consultation

This is also important to know:

Loss of trust, dismissal of an employee, article of the Labor Code of the Russian Federation Ask a question