How correctly to make a record in the workbook about the dismissal of one's own volition
Regularly employees of the personnel collidewith the execution of the documents 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. Personnel must refer to the article and part of the Labor Code, which reflects the reason for dismissal. However, there are often controversial questions about what part to indicate in the workbook and how to record a work record on dismissal at will.
Let's take a closer look at the most common phenomenon - dismissal at the request of the employee.
Every employee has the right to terminatelabor contract, in advance (for 2 weeks) to notify your employer about it in writing. But, there are also categories of employees who have the right to leave without working off. These include: concluding a fixed-term contract up to 2 months and seasonal workers. In this case, employees are required to notify their employer in writing in 3 days in writing. In addition, under the law, there is the possibility of applying for a period of leave or temporary incapacity for work.
The employee who submitted the application has the right to withdrawits before the onset of the date of dismissal. However, if a person has already been admitted to the place of the dismissed person and an order has been issued for him, then the application is prohibited by law.
What kind of record in the workbook when you leave at will?
Some HR staff, while recording, rely onInstruction of the Ministry of Finance No. 69 and record that the employee was dismissed on the basis of clause 3 of Article 77 of the TCRF. And others rely on the requirement of the TC and indicate in the workbook of paragraph 3 of part 1 of Art. 77 TCRF.
Regardless of the preference of the personnel officer, the record is fixed, and the employee is obliged to put the inscription "Acquainted" and sign in the textbook (work book).
If dismissal occurs as a result ofpreferential benefits granted by the law, it is necessary to make a record in the employment book about the dismissal at will and indicate the reason.
One of the reasons for such dismissal may beto care for a child under 14 years of age (with a certificate from a medical institution). Also this kind of dismissal is quite common among employees whose husbands are transferred to another locality (at the same time it is necessary to provide a certificate from the workplace of the spouse).
So, there is one nuance - dismissal inresult of transfer to another job. According to the law, this dismissal is also one's own desire. How correctly to make record in the work-book about dismissal? Let's see how to deal with this problem.
According to the TC (clause 5, article 77), the employer has the right to make this dismissal when:
- request of the employee himself
- with the consent of the employee
Undoubtedly, the recording depends on the basis of dismissal. The new organization should make an entry in the document stating that the employee is "accepted at the time of transfer." However, the reason for the transfer is not indicated.
Performing a record in the work record of dismissalat your own will, be extremely attentive. After all, despite the ten-year action of TCRF, common mistakes are made. Some personnel officers, making out an entry in the workbook about dismissal at will, refer to Article 80 of the TCRF. This action is unacceptable, since this article is only an explanation of the dismissal procedure and is not an excuse for dismissing an employee. Such registration will create certain problems not only to the discharged employee, but also to his employer. After all, the next place of work will be asked to make appropriate corrections.