Labor Code article 29 paragraph 5. Reviews of practice. Labor code of the Russian Federation dismissal on one's own

05.03.2020

Question: What are the benefits for dismissal by way of transfer in accordance with paragraph 5 of Art. 29 of the Labor Code of the Russian Federation (including benefits for the next vacation)?

Answer: The current legislation does not provide for any benefits for employees dismissed under paragraph 5 of Art. 29 of the Labor Code of the Russian Federation in the order of transfer to another organization as agreed between the heads of these organizations. Certain guarantees are established for them only when they are hired by the organization that invited the employee.

In accordance with general rules on the day of dismissal (the last day of work), employees dismissed by way of transfer to another organization must be issued work books with a corresponding record of dismissal and paid all the amounts due to them from the organization, incl. monetary compensation for unused vacation days. According to Art. 124 of the Labor Code of the Russian Federation, upon dismissal by transfer, it is impossible to withhold excess amounts paid for vacation used in advance.

When an employee is dismissed in the order of transfer from one organization to another, as agreed between the heads of organizations, the following entry is made in his work book: “Dismissed in connection with the transfer to such and such an organization, clause 5 of Art. 29 RF Labor Code".

With the organization that invited the employee to work in the order of transfer from another organization, the employee concludes a new employment contract. In accordance with Part 4 of Art. 18 of the Labor Code of the Russian Federation, he cannot be denied a conclusion employment contract. An employment contract with him must be concluded from the first working day following the day of dismissal from the previous job (unless otherwise provided by agreement of the parties).

Refusal to hire an employee invited by way of transfer from another organization as agreed between the heads of organizations may be appealed directly to the court. Having recognized the refusal to hire as illegal, the court makes a decision obliging the administration of the organization to conclude an employment contract with the plaintiff.

In paragraph 2 of the resolution of the Plenum Supreme Court RF dated December 22, 1992 N 16 clarified that if, as a result of refusal or untimely conclusion of an employment contract, an employee had forced absenteeism, his payment is made according to the rules for paying for forced absenteeism of an employee illegally dismissed from work.

When concluding an employment contract with an organization that invited an employee, the parties may provide in it certain favorable conditions for him. In particular, the parties may agree that in the first year of work, the employee will be granted another vacation in advance, i.e. before the expiration of 11 months, regardless of when he was granted leave at his former place of work and whether he received upon dismissal from previous work compensation for unused vacation. This right is granted to the parties to the employment contract, Part 2 of Art. 71 Labor Code of the Russian Federation.

Article 29. Termination of an employment contract with a preliminary test

Each of the parties has the right to terminate the employment contract with a preliminary test:
1) before the expiration of the preliminary test period, by notifying the other party in writing three days in advance;
2) on the day of the expiration of the preliminary test period.
In this case, the employer is obliged to indicate the reasons that served as the basis for recognizing the employee as having failed the test. The employee has the right to appeal against the decision of the employer in court.

Features of the dismissal procedure under Art. 29 TC

As noted in the second paragraph of clause 13 of Resolution No. 2, termination of an employment contract with a preliminary test (Article 29 of the Labor Code) is possible if there is objective data indicating that the employee is not able to perform duties by profession, specialty, position, relevant qualifications, specified at the time of hiring. In the absence of such data during the preliminary test period, the employee may be dismissed only on his initiative in accordance with part one of Art. 29 of the Labor Code, as well as on other grounds provided for by the Labor Code.
Therefore, the dismissal of an employee under Art. 29 of the Labor Code as having failed the preliminary test is possible only if the employer has data on the negative results of the preliminary test.
The decision on how to evaluate the results of a preliminary test of an employee is within the competence of the employer. He can do this alone or create a special commission both with the participation of his employees and invited persons with the necessary knowledge and qualifications. Based on the assessment of the test results, the commission draws up a written document (for example, a conclusion, an act, etc.).
Both positive and negative test results can be given on the basis of data indicating the conformity or non-conformity of the employee to the work performed.
The fact that the employee does not comply with the work assigned to him, the inability of the employee to properly perform his labor functions upon dismissal of an employee under Art. 29 of the Labor Code, when the employer takes the initiative for such a dismissal, they can be confirmed by memorandums from the immediate supervisors of the employee (foreman, foreman, head of the site, etc.), acts on the release of defective products, etc.
Circumstances confirming the unsatisfactory results of the preliminary test must be reflected in the order (instruction) of the employer to dismiss the employee under Art. 29 of the Labor Code as having failed the preliminary test.
Moreover, when considering in court a dispute on the reinstatement of an employee dismissed under Art. 29 of the Labor Code, as having failed the test, the court checks not only the employer's arguments about the reasons that gave rise to such dismissal, but also the plaintiff's explanations and objections. If circumstances are established that indicate that the employee did not have the proper conditions for performing the work assigned to him, or if the employer fails to provide sufficient evidence indicating unsatisfactory test results, the employee is subject to reinstatement at work.

Grounds for termination of the employment contract under paragraph 1 of Art. 29 Labor Code of the Russian Federation (agreement of the parties)

The general grounds for termination of an employment contract are formulated in Art. 29 Labor Code of the Russian Federation. It contains such grounds for termination of an employment contract that can be applied to all employees, regardless of their category.

The most common grounds for termination of an employment contract among those listed in Art. 29 of the Labor Code of the Russian Federation is the termination of the employment contract at the initiative of the administration. Therefore, numerous publications and comments are devoted to this very reason for terminating the employment contract. Other reasons are given little attention. However, as practice shows, the use of any of them to some extent causes certain difficulties. In this regard, we will consider the most fundamental and frequently occurring problems in the application of some other grounds for terminating an employment contract, provided for in Art. 29 Labor Code of the Russian Federation.

The agreement of the parties (clause 1, article 29 of the Labor Code of the Russian Federation) as the basis for terminating the employment contract consists in the mutual desire of the employee and the administration to terminate labor Relations.

It is used when the desire of only the employee or only the administration is not enough to terminate the employment relationship, the mutual will of the parties is necessary, each of which has legal significance.

As a rule, according to paragraph 1 of Art. 29 of the Labor Code of the Russian Federation, a fixed-term employment contract is terminated before its expiration. This is largely due to the fact that Art. 31 of the Labor Code of the Russian Federation provides the employee with fairly wide opportunities for terminating an employment contract concluded for an indefinite period, on his own initiative. An employee has the right to terminate an employment contract concluded for an indefinite period at any time by notifying the administration in writing two weeks in advance. After the expiration of the specified period, the employee has the right to stop working, and the administration is obliged to issue him a completed work book in the prescribed manner and make a settlement with him on the day of dismissal.

In the case when the employee’s application for termination of the employment contract is due to the impossibility of continuing his work (enrollment in educational institution, retirement and other cases), the administration is obliged to terminate the employment contract within the period requested by the employee.

During the specified warning period, the employee has the right to withdraw his application for termination of the employment contract, if the administration has not invited another employee to this work by transfer.

By agreement between the employee and the administration, the employment contract may be terminated before the expiration of the specified notice period.

It is a different matter when an employee has entered into an employment contract for a fixed period, i.e., a fixed-term employment contract. Such an agreement, in accordance with Art. 32 of the Labor Code of the Russian Federation is subject to early termination at the request of the employee only for good reasons, for example, in the event of his illness or disability, preventing the performance of work under an employment contract, violation by the administration of labor legislation, a collective or employment contract, etc.

If the employee who has concluded a fixed-term employment contract does not have a good reason, the termination of the contract depends entirely on the administration. In this case, the employee resorts to such a basis as the agreement of the parties.

However, in practice the rules of Art. 32 of the Labor Code of the Russian Federation are sometimes interpreted incorrectly. It is believed that in the absence good reasons termination of a fixed-term employment contract before the expiration of its term is generally unacceptable, including by agreement of the parties.

And please, do not use the abbreviation Labor Code, so that you are not considered illiterate - it has long been gone, the Labor Code of the Labor Code of the Labor Code of the Russian Federation has been in force since 2001. In cases where an employee’s application for dismissal on his initiative on own will due to the impossibility of continuing his work enrollment in educational organization, retirement and other occasions. and also in. Legislation regulating the activities of the notaries of the Russian Federation.

Dismissal under Article 16 of the Labor Code

The invalidity of the article of the collective agreement of the terms of the collective agreement, the administration of the enterprise that he was late for work due to a fire in the subway train, and this is the first time this has happened to me in my entire three-year career, is also absenteeism, to issue a work book. Differences are not discrimination if it is impossible to transfer the employee with his consent to another job, that most disputes between the employer and the employee arise when the latter are dismissed at the initiative of employers, the employee is sick and therefore absent from work for more than four months, since the sentence can be canceled in cassation okay!

Other laws other normative legal acts, on vacation or on sick leave, for example.

Labor Code of the Russian Federation Article 29

"CODE OF LABOR LAWS OF THE RUSSIAN FEDERATION" (Labor Code of the Russian Federation) The grounds for termination of an employment contract (contract) are: (as amended by the Law of the Russian Federation of September 25, 1992 N 3543-1) 1) agreement of the parties; 2) expiration of the term (clauses 2 and 3 of article 17), except for cases when the employment relationship actually continues and neither of the parties has demanded its termination; 3) conscription or admission of an employee to military service; 4) termination of the employment contract (contract) at the initiative of the employee (Articles 31 and 32), at the initiative of the administration (Article 33) or at the request trade union body(Article 37); (in ed.

to another locality)

Labor Code of the Russian Federation

§ 7. Trade unions are independent in their activities from the executive authorities, bodies local government, employers, their associations (unions, associations), political parties and others public associations, they are not accountable and not controlled (clause 1, article 5 federal law"On trade unions, their rights and guarantees of activity").

Intervention is prohibited state power, local governments and their officials in the activities of trade unions, which may entail the restriction of the rights of trade unions or hinder the implementation of their statutory activities (p.

2 tbsp. 5 of the Federal Law "On trade unions, their rights and guarantees of activity")

The new edition of the Labor Code of the Russian Federation with amendments for 2020

Any conflict situation caused by the employee's improper performance of his job duties must be decided solely in accordance with the law.

Another solution to the case may Negative consequences for the employer himself. However, those who are just entering or planning to enter the world of work need to familiarize themselves with the basic norms of the Labor Code of the Russian Federation in advance.

This will protect against possible misunderstandings, deceit or mistakes on the part of the employer.

Law of the Russian Federation of September 25, 1992 N 3543-1) 5) transfer of an employee, with his consent, to another enterprise, institution, organization or transfer to an elective position; 6) the employee's refusal to be transferred to work in another locality together with the enterprise, institution, organization, as well as the refusal to continue working due to a change in essential working conditions; 7) the entry into force of a court sentence by which the employee was sentenced (except for cases of probation and suspension of the execution of the sentence) to deprivation of liberty, corrective labor outside the place of work, or to another punishment that excludes the possibility of continuing this work.

N 3543-1 - Bulletin of the Congress of People's Deputies Russian Federation and the Supreme Council of the Russian Federation, 1992, N 41, Art.

2254). The probationary period does not include the period of temporary disability and other periods when the employee was absent from work for good reasons.

§1. The specific test period is set by the parties to the employment agreement (contract) when hiring.

Article 29. Grounds for termination of an employment contract (contract)

The grounds for termination of an employment contract (contract) are:

(As amended by the Law of the Russian Federation of September 25, 1992 N 3543-1)

1) agreement of the parties;

2) expiration of the term (clauses 2 and 3 of article 17), except for cases when the employment relationship actually continues and neither of the parties has demanded its termination;

3) conscription or admission of an employee to military service;

4) termination of the employment contract (contract) at the initiative of the employee (Articles 31 and 32), at the initiative of the administration (Article 33) or at the request of the trade union body (Article 37);

(As amended by the Law of the Russian Federation of September 25, 1992 N 3543-1)

5) transfer of an employee, with his consent, to another enterprise, institution, organization or transfer to an elective position;

6) the employee's refusal to be transferred to work in another locality together with the enterprise, institution, organization, as well as the refusal to continue working due to a change in essential working conditions;

7) the entry into force of a court sentence by which the employee was sentenced (except for cases of probation and suspension of the execution of the sentence) to deprivation of liberty, corrective labor outside the place of work, or to another punishment that excludes the possibility of continuing this work.

The transfer of an enterprise, institution, organization from the subordination of one body to the subordination of another does not terminate the employment contract (contract). When the owner of the enterprise changes, as well as its reorganization (merger, accession, division, transformation), labor relations continue with the consent of the employee; in these cases, the termination of the employment contract (contract) at the initiative of the administration is possible only with a reduction in the number or staff of employees.

(As amended by the Law of the Russian Federation of September 25, 1992 N 3543-1)

(as amended by the Decrees of the Presidium of the Supreme Council of the RSFSR of 12.08.1980, 20.12.1983, 05.02.1988)

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Labor code of the Russian Federation dismissal on one's own

And please, do not use the abbreviation Labor Code, so that you are not considered illiterate - it has long been gone, since 2001 the Labor Code of the Labor Code of the Labor Code of the Russian Federation has been in force. educational organization, retirement and other cases. and also in. Legislation regulating the activities of the notaries of the Russian Federation.

Dismissal under Article 16 of the Labor Code

Other laws other regulatory legal acts, on vacation or on sick leave, for example.

Labor Code of the Russian Federation Article 29

to another locality)

Labor Code of the Russian Federation

§ 7. Trade unions are independent in their activities from executive authorities, local governments, employers, their associations (unions, associations), political parties and other public associations, they are not accountable and not controlled (clause 1, article 5 of the Federal Law " On trade unions, their rights and guarantees of activity).

It is prohibited to interfere with the activities of state authorities, local self-government bodies and their officials in the activities of trade unions, which may lead to the restriction of the rights of trade unions or hinder the implementation of their statutory activities.

2 tbsp. 5 of the Federal Law "On trade unions, their rights and guarantees of activity")

The new edition of the Labor Code of the Russian Federation with changes for 2018

Any conflict situation caused by the employee's improper performance of his labor duties must be resolved exclusively in accordance with the law.

A different decision of the case may have negative consequences for the employer himself. However, those who are just entering or planning to enter the world of work need to familiarize themselves with the basic norms of the Labor Code of the Russian Federation in advance.

This will protect against possible misunderstandings, deceit or mistakes on the part of the employer.

N 3543-1 - Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 41, Art.

2254). The probationary period does not include the period of temporary disability and other periods when the employee was absent from work for good reasons.

§1. The specific test period is set by the parties to the employment agreement (contract) when hiring.

The Labor Code also has two different grounds for terminating an employment contract: 1) the employee’s refusal to be transferred to work in another locality together with the enterprise, institution, organization, and 2) the employee’s refusal to continue working due to a change in essential working conditions. When moving to another locality (i.e. to another locality) of an institution, enterprise, organization, the administration invites not all employees to move, but, as a rule, the main workers, and if such an employee does not agree to move, then he leaves according to 6 tbsp. Labor Code of the Russian Federation The amendments made to the Code in this part are intended to introduce uniformity in the designation of trade union representatives at the local level. They are referred to as the “organ of the primary trade union organization”.

An error occurred.

These two independent grounds for the dismissal of an employee, as we see, differ significantly from each other. Therefore, in the dismissal order and in the work book of the employee, there should be a reference not only to paragraph

5 st. 29 of the Labor Code, and specifying on which of these two grounds the employee is dismissed. §10. Paragraph 6 of Art. 29 of the Labor Code also has two different grounds for terminating an employment contract: 1) the employee’s refusal to be transferred to work in another locality together with the enterprise, institution, organization, and 2) the employee’s refusal to continue working due to a change in essential working conditions.
When moving to another locality (i.e. to another locality) of an institution, enterprise, organization, the administration invites not all employees to move, but, as a rule, the main workers, and if such an employee does not agree to move, then he leaves according to 6 tbsp. Labor Code of the Russian Federation Article 29

Labor Code, and specifying on which of these two grounds the employee is dismissed. §10. Paragraph 6 of Art. 29 of the Labor Code also has two different grounds for terminating an employment contract: 1) the employee’s refusal to be transferred to work in another locality together with the enterprise, institution, organization, and 2) the employee’s refusal to continue working due to a change in essential working conditions. When moving to another locality (i.e.
to another settlement) of an institution, enterprise, organization, the administration invites not all employees to move, but, as a rule, the main employees, and if such an employee does not agree to the move, then he is dismissed under paragraph 6 of Art. Decrees of the Plenum of the Supreme Court of the Russian Federation of December 22, 1992

When reorganizing, depending on its form, for example, a merger, it is possible to reduce one or two heads, their deputies, if two or three productions merge into one and only one head and his deputies are required. During the transformation, as well as with other forms of reorganization, it is also possible to reduce the staff and number.

Attention

Therefore, part 2 of Art. 29 of the Labor Code, in terms of staff reduction and headcount, refers to the forms of reorganization of production. §fourteen. From the moment of filing an application for the privatization of an enterprise, subdivision and until the moment the buyer has the right to own the production (or until the first meeting of shareholders when the enterprise is transformed into a joint-stock company) the administration of the enterprise, in accordance with the Decree of the President of the Russian Federation of April 2, 1992 No.

N 322 (Vedomosti RF, 1992, N 15, Art. Code of Labor Laws (Labor Code of the Russian Federation) (repealed)

Employment contract, contract → Sample. An example of a dismissal order under paragraph 7 of Art. 29 of the Labor Code of the Russian Federation an example of a dismissal order under paragraph 7 of Art. 29 Labor Code of Moscow on 01/05/96 order n 1. Viktor Stepanovich Mikhailov - driver, dismissed in connection with entry into the law ...

Sample. Variant of the order to dismiss an employee under Art. 32 Labor Code of the Russian Federation Employment contract, contract → Sample.
Variant of the order to dismiss an employee under Art. 32 of the Labor Code of the Russian Federation, a version of the order to dismiss an employee under Art. 32 kzot mountains. Smolensk 09.11.97, order n in connection with the recognition in the prescribed manner of a disabled person of the 2nd group 1. victo ...
Sample. An example of a dismissal order under paragraph 3 of Art. 33 Labor Code of the Russian Federation Employment contract, contract → Sample.
An example of a dismissal order under paragraph 3 of Art. 33 of the Labor Code of the Russian Federation ... basis: report on absenteeism with. n. Kravchenko May 25, 1995, explanatory note p. n. Kravchenko dated May 26, 1995, paragraph 4 of Art. 33 of the Labor Code of the Russian Federation.

Sample. an example of a dismissal order under paragraph 7 of Art. 29 Labor Code of the Russian Federation

It is prohibited to interfere with the activities of state authorities, local authorities and their officials in the activities of trade unions, which may lead to the restriction of the rights of trade unions or hinder the implementation of their statutory activities (clause 2, article 5 of the Federal Law "On Trade Unions, Their Rights and Guarantees of Activities" ) New edition Labor Code RF as amended for 2018 Any conflict situation caused by the employee’s improper performance of his labor duties should be resolved exclusively in accordance with the law. A different decision of the case may have negative consequences for the employer himself.

However, those who are just entering or planning to enter the world of work need to familiarize themselves with the basic norms of the Labor Code of the Russian Federation in advance. This will protect against possible misunderstandings, deceit or mistakes on the part of the employer.

Act of refusal to receive work book Employment contract, contract → Sample. The act of refusing to receive a work book ... as follows: "" 20 years old, (full name) worked (position, place of work) and dismissed "" 20 under paragraph 7 of Art. 33 of the Labor Code of the Russian Federation by a resolution (name of the body that adopted the resolution) dated "" 20 year no. in accordance with Part 5 of Art….

Sample. Order for employment with a probationary period Employment contract, contract → Sample. Order for employment with a probationary period ... g. 3. familiarize with this order n. a. falcon against receipt. reason: statement no. a. Sokolova, Art. 15, 21 Labor Code of the Russian Federation. director of victorov n. and. Order No. Rostov-Don 09.10.99 1. Nina Vladimirovna Mikhailovna to be accepted…

Article 29 g 3 Russian Labor Code

The Labor Code establishes the grounds for termination of an employment contract that are common to all employees. For some categories of workers labor law(art.

254 of the Labor Code and some special acts) also provides for additional grounds dismissals (see Article 254 of the Labor Code and comments thereto). §2. Paragraph 1 of Art. 29 of the Labor Code provides for such a basis as an agreement of the parties. It reflects the contractual nature of labor: by agreement of the parties, an employment contract arises and by their agreement it is terminated at any time. Upon reaching an agreement between the employee and the administration to terminate the employment contract under paragraph 1 of Art. 29

The Labor Code (agreement of the parties) the contract is terminated within the period specified by the parties, clarifies clause 14 of the Decree of the Plenum of the Supreme Court of the Russian Federation of December 22, 1992 N 16. Cancellation of such an agreement can take place only with the mutual consent of the administration and the employee.

Article 29 p 3 of the Labor Code of the Russian Federation

When the owner of the enterprise changes, as well as its reorganization (merger, accession, division, transformation), labor relations, with the consent of the employee, continue; termination in these cases of an employment contract (contract) at the initiative of the administration is possible only with a reduction in the number or staff of employees 1992, No. 41, item 2254). Commentary on Article 29 of the Labor Code of the Russian Federation §1. An employment contract may be terminated only on the grounds specified in the law, and in the manner prescribed by law for each ground. Termination of the employment contract terminates the employment relationship between the employee and the employer.

Article 29 p 1 of the Labor Code of the Russian Federation

This ground applies to both work-related and non-work-related crimes. Before the entry into force of the court verdict, this ground cannot be applied, since the verdict can be canceled on cassation. If the measure of punishment by the sentence is determined conditionally or with a delay in the execution of the sentence, then given ground layoffs cannot be applied. This ground is also not applied in cases where the measure of punishment determined by the sentence that has entered into legal force does not exclude the possibility of the employee continuing this work. For example, a fine or correctional labor at the place of work.