- the obligatory stage of termination of the employment contract at the will of the employee, described in the Labor Code of the Russian Federation. The material further discusses the most significant points regarding such a warning.
Normative acts establishing the procedure for notice of dismissal
The Constitution of the Russian Federation in Art. 37 provided for the right to work, not obligation. That is, labor is free, no one can be forced to it - which means that the employee can decide to complete labor relations with the employer at any time, and the latter has no right to prevent this.
The procedure for implementing this decision is established in the Labor Code of the Russian Federation. So, clause 3. part 1 of Art. 77 of the Labor Code refers the employee's desire to the grounds for terminating the employment contract, and Art. 80 describes the entire process of dismissing an employee on their own.
At the same time, answers to most of the questions arising from the employer during the execution of the dismissal procedure at the initiative of the employee are contained in the letter of Rostrud "On the procedure for dismissal ..." dated 05.09.2006 No. 1551-6. In particular, it deals with admissible ways of warning about dismissal and clarifying the provisions of Art. 81 of the Labor Code on termination of an employment contract with an employee temporarily disabled or on vacation.
Can they not be fired of their own free will?
The Constitution of the Russian Federation and the Labor Code give a completely clear answer to this question: no one can be forced to work. At the same time, Art. 77 and 80 of the Labor Code of the Russian Federation established a clear procedure that must be observed by the parties to labor relations for their legal termination. So, the employee is obliged to warn the employer properly about his intention - to inform in writing about the upcoming dismissal at least 2 weeks in advance, with the exception of certain cases (for example, upon retirement).
According to Art. 80 of the Labor Code of the Russian Federation, upon dismissal of his own free will, the employee after the expiration of the specified period stops his work, and the employer makes all payments due in this case, issues a work book and related documents. Until the expiration of the 2-week period, an able-bodied employee must continue to perform his job duties, otherwise failure to appear at work may be regarded as absenteeism - and this is fraught with subsequent disciplinary action, up to and including dismissal on negative grounds.
The procedure for informing the employer about dismissal of his own free will
A warning about such a dismissal always occurs in writing (Article 80 of the Labor Code), while the Labor Code of the Russian Federation does not contain a rule on how exactly the employer should receive an employee's statement about the upcoming dismissal. It can be handed over personally, for example, entered into the personnel department, or sent by mail. In any case, such applications are subject to registration so that subsequently the parties do not have questions regarding the calculation of the term of work allotted for the termination of employment in accordance with the law.
The application must clearly express the employee's desire to terminate the employment relationship. It is appropriate to use in this case the wording “dismiss” or “terminate the employment contract”, the beautiful phrase “I resign from myself” is simply irrelevant. Moreover, it, like other similar expressions, allows an ambiguous interpretation of intentions (for example, it can be interpreted as a request for administrative leave).
The ability to send an application by mail is not described directly in the Labor Code of the Russian Federation, but there are no prohibitions on it either. Clarifications on this issue are given in Rostrud's letter No. 1551-6. It says that the application can be sent by registered mail. In this case, the date of delivery of the letter, specified in the notice of receipt of the letter by the addressee, will be considered the starting point of the working period.
In addition, Art. 6 of the Law "On Electronic Signature" dated 06.04.2011 No. 63-FZ equated a document certified with an electronic signature to a paper one. This means that the employer can also be warned of dismissal by a letter sent by e-mail (for example, corporate) mail, if it is certified digitally signed employee.
When do you need to warn about dismissal of your own free will?
Labor Code of the Russian Federation in Art. 80 sets a standard two-week deadline for informing the employer in advance of an employee's termination. If the application is sent by mail, then it is worth adding a few days for its delivery to the date of dismissal. The approximate time for receiving a valuable letter can be found in the mail, the period will be counted from the moment the postal item is delivered.
However, shortened warning periods are also possible. In particular, the Labor Code of the Russian Federation makes it possible to inform the management about the upcoming dismissal 3 days before it:
- workers on probation (Article 71);
- seasonal workers (Art. 296);
- employees working under a fixed-term employment contract concluded for less than 2 months (Article 292).
In addition, there are often cases when an employee wants to terminate the contract literally the next day and leave without working off. According to Art. 80 of the Labor Code of the Russian Federation, the employer has no right to prevent such a desire in the following cases:
- If it is impossible to continue working. It mentions dismissal followed by retirement and admission to educational institution, but the list is left open, that is, there is room for an agreement between the parties. Resolution of the Plenum of the Supreme Court of the Russian Federation "On the application by the courts of the Russian Federation ..." dated 17.03.2004 No. 2 (hereinafter - Resolution No. 2) supplements this list with one more reason - the departure of a spouse-soldier to a new place of service.
- In case of violation by the employer of the norms labor law, collective or labor agreement. Here it is also worth referring to Resolution No. 2, which indicates that the fact of violation of these norms must be recorded government bodies labor law enforcement officials or trade unions.
An employee can warn of dismissal while on vacation or on sick leave. The norms of Art. 81 of the Labor Code, prohibiting the termination of an employment contract during the specified periods, apply only to dismissal at the initiative of the employer.
A warning is not a dismissal
The mere fact of informing about the dismissal does not mean termination of the employment contract. Based on Art. 80 of the Labor Code of the Russian Federation, it will be terminated only after a two-week or other period of working off agreed by the parties.
Throughout this time, the employee has the right to change his decision and cancel the letter of resignation, except in the case of an official (written) invitation to his place of another employee who cannot be denied employment. Moreover, if the employee, despite his warning, continues to work after the end of the designated period, this will mean the preservation of labor relations and the continuation of the contract.
Summing up, we note that the correct and timely warning of the employer about the upcoming termination of the contract minimizes the risk of the latter creating obstacles to dismissal and, as a result, relieves both parties of the need to defend their interests in court.
By law, every working person can leave the place of work at his own request. The employer does not have the right to interfere with the employee's wishes, much less use blackmail and threats. For how many days the parties must warn about the dismissal, we understand this article.
According to the procedure for terminating labor relations, two options for the development of events can be distinguished: at the initiative of the employee and at the intention of the employer. Each intention of one of the parties must be lawful and supported by documents.
If the employee wishes to leave the organization, an application is drawn up addressed to the head of the organization or an authorized employee. If dismissal is to be initiated by the employer, it is necessary to hand over written notifications personally to each person.
For timely dismissal, the employee must write a statement in the form established in the company, endorse with the immediate supervisor (if any) and transfer it to the personnel department, accounting department or personally to the director. It depends on the staff of the company and the responsible divisions.
If the employer fires employees, he must notify this in advance. In case of staff reduction or company liquidation in 2 months. If you wish to part with an employee who has not passed probation- in 3 days.
On the day of dismissal, the employee must receive wages for the hours worked, compensation for the remaining days of vacation and a completed work book. Payment of bonuses, 13 salaries and other incentives is made in accordance with the regulations of the company, that is, they may be later.
How many days in advance should an employee notify about dismissal?
The most frequent dismissal in an organization is an employee leaving of his own free will. The law defines the maximum period for filing an application by an employee, which is 14 days. At the discretion of the employer, it is possible to release an employee earlier, but more often than not, his work is required. This time is needed to complete business and search for a new person for the vacant position.
The working time is counted from the next day after the application is submitted, and all days, including weekends and holidays, are taken into account. If a person has issued a certificate of incapacity for work during this period, the time of illness is also included in the working off.
If the sick leave is not closed, and the day of dismissal has come, the person is counted. As soon as the sick leave is closed, it can be transferred former employer for payment.
If a person decides to leave the company during the probationary period, he must inform about his intention 3 working days in advance. The further procedure is no different from accepted order action.
From time to time, the company's management needs to dismiss one or several employees at once. The reasons may be either the inconsistency of the employee with the position held, and the forced termination of the enterprise.
Employees are protected by law from unauthorized dismissal by the employer. In this case, it is important for the manager to comply with all the requirements of the law so that his decision is lawful.
The procedure for delivering a notice of dismissal to an employee
When dismissing an employee at the request of the company's management, it is necessary to inform him in writing. For this .
The document should contain information about the timing of the dismissal and the reasons. This is usually due to staff layoffs, bankruptcy or company liquidation.
This document must be signed by the employee. If a person refuses to sign, an act of refusal is drawn up in the presence of witnesses.
The signed notice does not imply agreement of the person with the upcoming dismissal. The employee's right to challenge the action of the supervisor remains in effect.
About the rights of an employee upon dismissal due to redundancy, see this video:
How much should be warned about the reduction
Reduction of staff or the number of employees is a process that requires the impeccable implementation of the procedure established by law. Employees are given a notification at least 2 months before the expected reduction date.
If the day of dismissal coincides with a weekend or holiday, it is postponed to the next business day. If a person is on vacation and on sick leave, a notification is delivered upon his release.
In this case, the countdown of two months begins from the moment the employee is familiarized with the reduction. With a massive reduction in staff, the period for notifying employees is three months or more. When issuing notifications to employees, remember about the protected category of persons:
- parents of disabled children;
- mothers or fathers with children under the age of 14 who have official single status;
- pregnant women and women on parental leave;
- mothers with many children raising three or more children, while the age of the youngest child is not more than three years old;
- the only breadwinners in the family;
- workers with disabilities as a result of hostilities;
- employees who have received industrial injuries and occupational diseases due to the fault of this employer;
- minors, this requires additional approval from the state labor inspectorate.
On the appointed day, the staff is dismissed in connection with the reduction. Employees must receive full cash settlement and layoff severance pay.
Upon dismissal by agreement of the parties
On probation
During the probationary period, the employee must also inform the company management in advance about his dismissal. The minimum circulation period is 3 days. The application procedure and subsequent dismissal are standard, as in the case of voluntary dismissal.
It is also possible to terminate the employment relationship in case of unsatisfactory passing of the test by the employee. In this case, the employer draws up a written notice to the employee 3 working days in advance, with whom the decision was made to part.
In the notification, it is necessary to indicate the reasons why the employee does not correspond to the position held. This will allow you to avoid legal claims in the future.
When you don't need notification
The notice can be omitted upon dismissal by agreement of the parties. This type of termination of employment indicates the mutual consent of the parties to part. In other cases, it is mandatory to inform one of the parties in writing about the desire to terminate the employment contract.
According to the current legislation, labor relations can be terminated on the initiative of the employee himself, the employer or their mutual consent. Despite the circumstances of the dismissal, it is forbidden to prevent this. If the termination of the contract is illegal, you can go to court to challenge the decision and possible recovery to work.
For the rights of an employee upon dismissal due to redundancy, see this story:
Form for accepting a question, write your
Labor legislation obliges the head of the organization to adhere to a number of rules when dismissing employees. As a rule, in the local acts of organizations, the labor contract fixes the obligation of the employer to notify about the upcoming dismissal of the employee.To reduce or eliminate possible disputes and claims from the dismissed, the employer, following the regulations of the Labor Code of the Russian Federation, together with the personnel department, prepares a proper notification. The term of notice of dismissal must be strictly observed, otherwise the document will not be considered legal.
Dismissal notice and its legality
A notice is a document that is used by personnel officers at the discretion of the employer to notify the upcoming events of the organization, in this case, the dismissal of the employee. V Labor Code the need to notify employees is stipulated, but its format is not specified.
It is quite obvious that this is a mandatory step in the dismissal procedure, which implies familiarization with the document (reading the notice) of the addressee. The legality of the notification is confirmed by:
- transfer of the documentary message personally to the addressee (employee) under signature;
- sending a document via registered letter with notification.
If the document sent by mail is returned after 5 days with the mark "not received", the employer does not bear responsibility here, since it is considered that he has fulfilled his mission of notification. If the addressee refuses to sign the letter, an appropriate act is drawn up.
Common types of notifications and the timing of their delivery
At his own request, an employee can resign in cases determined by Art. 80 of the Labor Code of the Russian Federation. The employee does not send a notification, but he is obliged to notify his decision by writing a letter of resignation 2 weeks in advance. In fact, the application he wrote is a kind of notice of dismissal and is submitted in advance to statutory terms.
The grounds for dismissal initiated by an employer may vary. Their nature can be described as unforeseen and quite predictable, planned. This is discussed in detail in Art. 81 of the Labor Code of the Russian Federation. For example, common reasons for dismissal are: termination of the organization's activities, staff reduction, there are also a number of grounds for denouncing an employment contract through the fault of the employee. In such cases, the dismissed persons are notified in advance by means of notices. Hence, several types of notifications are distinguished, which are drawn up, albeit in the same form, but with an indication different reasons and decisions taken... Let's take a look at some of them.
| Grounds for dismissal | Notification features |
| Termination of the organization | It is given to the employee 2 months before the start of the event; |
| Staff reduction | Sent to employees 2 months before the events (the period may be longer, but not less than the specified one); the notification must include the proposed vacancies and an indication of the employee's obligation to communicate the decision to the offer |
| Expiration of the term of a fixed-term employment contract | The employee is notified at least 3 days in advance; the basis for denunciation of the contract is indicated - in connection with the expiration of the validity period |
| Unsatisfactory result shown by workers during the test | The decision is communicated to the employee 3 days in advance; the notification must indicate the reasons according to which it is recognized that the employee has not passed the test; such actions will have legal basis only when a probationary period is provided labor contract |
The indicated general grounds for dismissal are valid for residents of the Russian Federation and foreigners. They have nothing to do with the citizenship of the workers. Dismissal of a foreigner can also be made for special reasons (expiration of the VHI policy, work permit, etc.).
In all cases, according to the generally accepted procedure, if it is provided for by the rules, the employer, when dismissing a foreign employee on his own initiative, duly notifies him of this.
The specificity of the procedure for dismissing foreign workers is that migration services must also be notified after dismissal within three days. Such documents must contain all information about the dismissed foreigner: full name, profession, legal basis labor relations, registration data, date and reasons for dismissal. Delivery of the notification is carried out by mail or transmitted in person.
Registration of a notice of the upcoming dismissal of an employee
In all cases of dismissal, where notification is necessary, the responsibility for drawing it up, endorsing it with the employer and sending it to the employee lies entirely with the HR department. The person responsible for notifying the dismissed prepares a form with a stamp, which indicates:
- date of notification;
- outgoing number;
- details of the organization.
Despite the fact that there is no approved standard form for such a document, the structure of the document, which all organizations take as a basis, is identical in all cases.
| Structure of the notification | What does it include? |
| Name | "Notification" |
| Title | "On liquidation of the organization", "On staff reduction", etc. |
| Information about the addressee | Organization represented by the director |
| Data of the employee being notified | Full name (position) |
| Document text | The employer's decision to dismiss (or offer, request) indicating the reason, date of termination of the contract |
| The final part of the document | Signature of the head of the organization; the employee's mark of familiarization with the document and his signature |
In this way, it is possible and necessary to notify the employee not only about layoffs, dismissals, but also about transfers, vacations, etc. The form remains the same, only its content changes.
The procedure for notifying an employee about dismissal
Thus, the notification procedure is carried out by the personnel of the personnel department under their own responsibility. In all cases where it is necessary to notify employees of dismissal, the notification procedure is also the same.
| The order of actions of the employee of the personnel department | Explanations |
| Prepare notification | There must be 2 copies of the document; indicate the number and date on the notice itself |
| Register ready notification | Recorded in the registration log under the number; the log refers to the folder with the incoming documentation |
| Submit the document for signing to the head of the organization | The signature can be put in place of the head and the head of the OK, if he has the authority to do so (power of attorney) |
| Familiarize the employee with the signed notice of dismissal | The employee is given 1 copy for review, the second remains in the file; the dismissed person reads the document, writes that he is familiar with it and puts his signature under it |
Dismissal of the management of the organization
The management of the organization, including the general director, as well as ordinary employees, have the right to resign of their own free will, since Art. 37 of the Labor Code of the Russian Federation prohibits forced labor. The right to voluntarily decide to work or not applies equally to all citizens. General manager is obliged to notify the organization about his decision a month in advance (general meeting of participants, etc.).
After the director is sure that everyone has been informed, after a month he has the right to terminate his activities.
The director and any other leader in the organization can be dismissed on a general basis. The design and order of the procedure generally takes place in the generally accepted order. The only difference is that the issues of dismissal of the director, notifications are related to the authorized bodies of the organization (board of directors, founders, etc.). Moreover, the notice period for the director's dismissal is increased to a month. Otherwise, the dismissal (and notification) procedure does not change.
If the director is the only member of the company, then the dismissal process is simplified. He does not need to send himself a notification and wait for the end of the month. It's just that a decision is made and an order is issued. When changing the owner, you also need to notify about the dismissal a month in advance. The new owner has the right to initiate the dismissal of the deputy within 3 months former director and the chief accountant.
Example 1. Familiarization of an employee with a notice of denunciation of a fixed-term employment contract due to the expiration of its term
V. A. Serebryanik was handed over by the head of the personnel department 3 days before the expiration of the employment contract (until November 13, 2016) 1 copy of the notice of dismissal. The document includes:
- reason for dismissal - expiration of the contract;
- the date of dismissal is similar to that indicated in the employment contract, that is, November 13 of the current year;
- below the text is the signature of the employer.
The application is recorded under a number in the registration log. The timing of the notification and the format of the notification itself were followed correctly. The notification is considered lawful. The employee got acquainted with the document and put his signature.
Example 2. Notification of the employee about the reduction of the staff of LLC "Buttercup"
Limited Liability Company "Buttercup"
LLC "Buttercup"
Notification to Morina Irina Petrovna
(head of the AXO farm)
On staff reduction
Dear Irina Petrovna!
In connection with the staff reduction of LLC Buttercup (order of 10/18/2016 No. 19-od):
- We warn you about the upcoming dismissal on December 15, 2016 (according to article 81., part 1, paragraph 2 of the Labor Code of the Russian Federation).
- We inform you about the vacancy of a technician for the operation of LLC "Buttercup" as of 11.10.2016. The size wages for this position is 10 thousand rubles.
General Director (signature) P. R. Olesov
Answers to frequently asked questions
Question number 1: How to give an employee consent to work as proposed by the employer new position in the downsizing notice?
The response to such a proposal in the notification itself should be brief. The employee writes in free form what date he received the notification, as well as that he is familiar with it and agrees to transfer to the proposed position. Next you need to put the date of writing the answer and a personal signature.
Question number 2: Can the employer send a notice of termination while the employee is on sick leave?
Question number 3: The employer warned the employee about the denunciation of the employment contract due to its expiration. How to calculate in such a situation the time of dismissal by notification, is it necessary to count weekends and holidays during this period?
Usually, an employment contract indicates the number of years (or months), which determines the duration of the contract. If the last day of work according to the contract falls on a weekend or a holiday, they are not taken into account. The day of dismissal will be considered the next business day after a holiday or weekend.
Question number 4: Can the notice (statement) period be extended if an employee leaves at his own request?
No, the exception is the withdrawal of the application by the employee. After that, he has the right to submit it again, indicating a different date of dismissal. Thus, the date will be postponed to another, later time.
Question number 5: Is the organization held accountable for failing to meet the deadlines for notifying employees of layoffs?
Such cases are considered a violation labor legislation(Article 79 of the Labor Code of the Russian Federation). There is administrative responsibility for this. Violators (individual entrepreneurs, officials, organization) are fined. Compensation for moral damage to the employee is not excluded, if the court decides so.
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The Labor Code stipulates how many days in advance must be notified of dismissal. The length of the notice period directly depends on the reasons for terminating the employment contract. Read more about the timing of the notification to the administration in the material.
General rules
If the initiator of vacating the position is an employee, then he must notify the employer of his intention at least 2 weeks in advance. The countdown of the specified interval begins on the day following the date of filing the letter of resignation.
If the employment contract is terminated on the basis of an agreement between the employee and the employer, the prior notice period may be extended or shortened by the parties.
V individual cases dismissal without warning is allowed. For this, there must be good reasons the absence of a working period (objective and documented inability to continue working) or an agreement signed by the parties.
Options for the duration of the notification period
The Labor Code stipulates possible reasons termination of labor contracts and the procedure for the implementation of a break in cooperation. How many days are warned about dismissal:
- when the motive for the termination of the employment contract is indicated by agreement of the parties, the working period can be any, its duration is established by bilateral agreements;
- if we are talking about a fixed-term contract, there is no notification period, the dismissal is implemented by the expiration date of the contract validity period, which is known in advance;
- no notice of dismissal is required, when the contract was concluded for the performance of a specific task, the document terminates after the completion of the agreed work;
- when hiring for a position on a temporary basis (to replace the main employee for the period of his absence for valid reasons), the date of dismissal will depend on the day of employment workplace main employee;
- for seasonal work, the contract is terminated simultaneously with the end of the working season.
If the contract is of an unlimited nature, the employee must notify the employer about the dismissal 2 weeks in advance. Provided that at the time of the decision, the person is not on probation.
An exception is provided for situations where an individual cannot continue to work for reasons beyond his control. For example, an objective obstacle can be a disease requiring long-term treatment, retirement or death of an employee.
It does not matter how many days in advance the employee must give notice of dismissal if:
- the contract is terminated by a person who has not completed the probationary period;
- dismissal is carried out with a delay and is due to unmotivated absenteeism or recorded facts of drunkenness at the workplace;
- the initiator of the termination of cooperation was the employer, the dismissal is carried out "under the article";
- the whole family is scheduled to move to another locality;
- the employee received a summons from the military registration and enlistment office, according to which he is obliged to appear at the recruiting station to be sent to military service.
Short notice periods are typical for seasonal staff. Workers in this category are warned one week before the termination of their contract. Officials with whom fixed-term employment contracts have been signed must be notified three days before the appointed date of dismissal.
Downsizing Notice Period
According to the regulations on staff reduction or the number of personnel, the employer is obliged to notify the team about the upcoming termination of employment contracts 2 months before the expected date of dismissal. If a trade union is involved, the notification period can extend up to 3 months.
Recall that when the reduction is carried out, it is necessary to additionally notify the local employment service of the upcoming release of personnel.
(in other words, at the initiative of the employee) is one of the most common grounds for terminating an employment contract. The initiative to terminate the employment relationship comes from the employee and does not imply its approval by the employer, because you cannot force a person to work against his will. However, even upon dismissal of one's own free will, it is necessary to observe certain rules.
The procedure for dismissal of your own free will
The procedure for dismissal of your own free will involves, first of all, the writing of a letter of resignation by the employee. The application specifies the date of dismissal and its basis ("of their own free will"), it must be signed by the employee indicating the date of drawing up.
Indicate in the application reason for dismissal of your own free will not necessary. However, if circumstances require you to quit, then the reason must be indicated, in addition, personnel service employees may ask to confirm it with documents. In other cases, the phrase "I ask you to dismiss me of my own free will on such and such a date" is enough.
After the letter of resignation is submitted to personnel service, compiled dismissal order. Usually, a unified form of such an order () is used, approved by the decree of the State Statistics Committee of 01/05/2004 No. 1. In the order, it is necessary to make a reference to the Labor Code of the Russian Federation, as well as provide the details of the employee's application. The employee must be familiarized with the order of dismissal against signature. If the order cannot be brought to the attention of the dismissed (he is absent or refused to read the order), then a corresponding entry is made on the document.
Terms of dismissal of your own free will
By general rule, enshrined in, the employee must notify the employer about the upcoming dismissal no later than two weeks in advance. The course of this period begins the next day after the employer receives the letter of resignation.
However, the so-called two-week work period can be reduced by agreement between the employee and the employer. In addition, the law does not oblige the employee to be at the workplace during the term of the notice of dismissal. He can go on vacation, sick leave, etc., while terms of dismissal will not change.
From the general rule about two weeks working off there are legally stipulated exceptions. So, upon dismissal during the trial period, the notice of dismissal is three days, and upon dismissal of the head of the organization - one month.
Calculation upon dismissal of your own free will
Calculation upon dismissal of your own free will, as well as on other grounds, must be made on the day of dismissal, that is, on the last day of work. Calculation of severance involves the payment of all amounts due to the employee: wages, compensation for unused vacations, payments provided for by the collective and labor agreement. If the dismissed employee used the vacation in advance, the paid vacation pay is recalculated, the corresponding amount is deducted from the salary during the final calculation.
If the employee was absent from work on the day of dismissal and could not receive a payment, he has the right to apply for it at any other time. The amount due to him must be paid no later than the next day after the application.
Dismissal of your own free will during the vacation period
Quit voluntarily while on vacation the law does not prohibit. Such a prohibition is provided only for dismissal at the initiative of the employer. The employee has the right to write a letter of resignation while on vacation, or attribute the date of the alleged dismissal to the vacation period.
If an employee wants to apply for dismissal while on vacation, it is not required to recall him from vacation.
Also, an employee can resign of his own free will after using the vacation. Note that the granting of leave with subsequent dismissal is a right, not an obligation of the employer. If such leave is granted, the last day of the leave is considered the day of dismissal. However, for the purpose of settlements with the employee, the last day of work in this case is the day before the start of the vacation. On this day, the employee should be given a work book and all the necessary payments should be made. This is a kind of exception to the general rule given, it is confirmed.
Dismissal of their own accord during sick leave
Quit of your own free will during sick leave can. prohibits such dismissal only at the initiative of the employer.
An employee has the right to apply for dismissal during a period of temporary incapacity for work. Also, a situation may arise when the previously agreed dismissal date falls on the sick leave period. In this case, the employer will issue a dismissal on the day specified in the application for dismissal, provided that the employee has not withdrawn this application. The employer does not have the right to independently change the date of dismissal.
On the last day of work, even if it falls on the sick leave period, the employer makes the final settlement, issues a dismissal order, in which he makes a note about the absence of the employee and the impossibility of acquainting him with the order. Per work book the employee will appear after recovery or, with his consent, it will be mailed to him. All amounts due to the employee will be paid to him
