The nuances of dismissal without work due to relocation

Reasons for changing residence

The process of ending cooperation is quite simple, but it also requires precision and accuracy. When registering a dismissal due to a change of residence under Article 80 of the Labor Code of the Russian Federation, you need to take into account all the nuances, as this will allow you to correctly fill out the necessary documentation.

Moving to a different city

To terminate the employment relationship for this reason, the employee must submit a resignation letter due to moving to another city. The sample will allow you to write a notice that complies with legal requirements. The document must contain the following information:

Last name, first name, patronymic of the employee and his position.
Date of dismissal.
Date of document creation.
Possibility of working out.

In some cases, the management of the organization agrees to terminate the employment contract with a specialist without working out. The director puts his resolution on the document and sends it to the personnel service of the enterprise.

Transfer of a military spouse

A similar basis for dismissal is established in the provisions of the Labor Code of the Russian Federation. Its peculiarity is the absence of a mandatory two-week period of work. To exercise this right, the employee must provide the employer with a certificate confirming the transfer of her husband to another place. Such a document can be obtained from a military unit. In addition, the specified certificate is considered a basis for urgent termination of the contract.

To end the cooperation, the woman must submit a resignation letter of her own free will. But in her work book there will be a note that the employee was fired due to the transfer of her military spouse.

And also the wife of a career military man has the right to a special compensation payment in the amount of two months’ average salary. A woman can receive it after providing a certificate at her new military unit about her average earnings at her last place of work.

Changing the legal address of the company

Not only the employee, but also the organization itself can move. According to the provisions of the Labor Code, termination of cooperation between the employer and specialists in connection with a change in the legal address of the enterprise is not provided for. But at the same time, the employer should promptly and in writing offer the staff to move with the company.

If a specialist does not want to move, the employer has the right to terminate the employment contract with him.
In this case, even protected categories of workers are subject to dismissal:

pregnant employees;
women on maternity leave;
disabled people.

The employer draws up an order stating that the relationship with the specialist is terminated due to his refusal to transfer to another city. And the order also makes reference to Article 77 of the Labor Code of the Russian Federation.

Is it possible to resign of your own free will without working time when moving to another city?

If an employee moves to another city to change his place of residence, he has the right to quit his job on his own initiative (at his own request). In this case, the typical procedure for dismissal motivated by the own desire of the working citizen will be applied. It is regulated by the provisions of Article 80 of the Labor Code of the Russian Federation.

Thus, part 1 of Article 80 of the Labor Code stipulates that an employee who wants to resign on his own initiative must warn the employer in writing about his upcoming dismissal 2 weeks before the date of the planned resignation (but not later).

At the same time, we are not talking at all about the fact that the resigning citizen must necessarily work for this employer for this two-week period.

If an employee quits due to his move, he has the right to terminate his employment relationship without two weeks of work in the following situations:

An appropriate agreement has been reached with the employer.
The impossibility of continuing to work is due to conscription into the army or his enrollment in a university.
The spouse of the resigning employee is transferred.
An employee resigns due to retirement.

If an individual changes his place of residence by moving to another area for one of the reasons listed above, the employer will be forced to dismiss him without any work.

In such circumstances, dismissal must occur within the period specified by the employee leaving on his own initiative. He only needs to correctly indicate the reason for such retirement in his statement addressed to the management of the employing company.

How much notice do you need to give to quit?

As mentioned earlier, if an employee terminates his employment relationship due to his move to another city for permanent residence, his dismissal is carried out according to the procedure specified in the content of Article 80 of the Labor Code of the Russian Federation.

The point is that an employee who leaves of his own free will must notify his employer about this 2 weeks before the day of the upcoming dismissal. The notification is made in the form of a written statement addressed to the director of the company.

The two-week work period begins to count from the day immediately following the day of submission of this application.

The two-week warning period is due to the fact that during this time the employer must find a suitable replacement for the retiring employee. The resigning employee himself can complete and transfer all his work matters during this period.

As an option, of course, a citizen moving to another city can negotiate with his employer about early (quick) dismissal.

In addition, the employer does not have the right to detain an employee if he resigns of his own free will due to the transfer of his spouse from the civil service, enrollment in a university, conscription into the army, or retirement.

How to write an application?

An employee who wishes to resign due to moving to another location must submit a proper application.

This statement has a standard structure. It contains information about the addressee director and the applicant employee, as well as the request for dismissal on personal initiative. In this case, it is necessary to clearly indicate the reason for leaving - relocation due to a change of place of residence - as well as the desired date of the upcoming departure.

If such a move is motivated by a compelling reason, this must also be indicated. If the need to change your place of residence is supported by appropriate documentary evidence, this should also be mentioned. For example, you can submit a proper certificate issued by a university (military registration and enlistment office), or a document officially confirming the transfer of a civil servant spouse.

The application is drawn up in the name of the director of the organization and submitted in the appropriate manner - either to the addressee himself personally, or to his secretary, or to the personnel department. One way or another, it is recommended to issue such a document in two copies. The applicant's copy must bear an acceptance mark.

Having received such a statement, the employer must agree on it. If there is a valid reason for early dismissal (without working 2 weeks), the appropriate mark is placed on the paper, and the applicant leaves within the period specified in the submitted application. If there are no compelling reasons, the employee writes in his application the date of departure, which takes into account the two-week working period.

If the manager has approved the submitted application, the individual works for the required period of time (usually 2 weeks). However, during this interval, the employee can take a vacation (if the employer allows it) or take sick leave (in case of temporary disability).

Vacation or sick leave does not lead to an extension of the working period.

The resigning employee collects signatures on the proper bypass sheet. However, the absence of such signatures cannot be considered grounds for refusal to dismiss. Without these signatures, the employee will also be able to receive a paycheck and work book.

When the agreed day of dismissal arrives, the employer issues an order for the individual applicant to retire (alternatively, the day before his dismissal). The departing employee must familiarize himself with this order, confirming his familiarization with his signature.

Directly on the day of departure, the employee receives a work book, entitlements, as well as other documentation about work.

Application Form

When drawing up an application for resignation of one's own free will due to a change of residence, the wording is very important. In addition, although the document is written in free form, it is necessary to indicate some information:

Name of company.
Last name, first name, patronymic and position of the employee.
Last name, first name, patronymic and position of the manager.
Desired day of dismissal.
Date of document creation.
Personal signature of the employee.

The date of completion of the relationship indicated by the specialist is considered the desired day of completion of the work. The employer can either agree with this dismissal period or dismiss the employee after mandatory service. If the manager obliges the employee to work for the two weeks established by law, but the citizen cannot do this, then the specialist must confirm his position with documentary evidence.

According to labor law, the relocation of an employee (with the exception of the spouse of a career military man) is not grounds for termination of the contract. In this case, a change of place of residence can be considered as a valid reason for reducing the period for completion of cooperation.

The reasons for dismissal specified in the application may differ depending on the circumstances of the move. In some cases, these reasons affect the employee’s receipt of benefits and advantages; for example, a manager may agree to a specialist leaving without working due to the latter’s urgent relocation.

Completing and submitting an application

Changing jobs involves drawing up an application and sending it to the management of the organization. The document is drawn up in any form, but must be addressed to the head of the enterprise.

It should include the following information:

name of the enterprise where the worker works;
your personal data, as well as your position;
a request for voluntary resignation;
the reason why the employment relationship should be terminated. In this case, this is a change of residential address;
list of attached documents. This may be a copy of the order to transfer the spouse to work in another entity;
date and signature of the applicant.

Usually, when leaving voluntarily, the reason is not indicated in the application. However, if a person needs to leave without working, then the need to terminate the contract will have to be justified. As a rule, in practice, the management of organizations accommodates employees who quit due to relocation and releases them without the required work.

If the applicant has attached papers indicating the need for dismissal without work, the employer can calculate it from the date indicated in the application.

The document can be submitted directly to management or sent by mail. Regardless of the method the applicant chooses, he must receive a mark indicating that the document has been accepted. In this case, this may be a mark on the second copy of the application, which the employee keeps. Or notification of delivery of the letter, if postal services were used. This will allow you to accurately determine the date of the period allotted for working out.

Download a sample letter of resignation due to moving to a new place

By the way , if the move is cancelled, then during the working period the employee has the right to withdraw his application and continue his work in the company, with some exceptions, according to paragraph. 4 tbsp. 64 of the Labor Code of the Russian Federation, when another employee was invited in writing to take his place as part of the transfer.

Making an entry in the work book

All entries made in the employee’s work book are regulated by regulations. Therefore, the wording of the entry on the termination of the employment contract will be made both taking into account the personal statement of the resigning citizen, and on the basis of the approved wording.

If an employee simply moves to another city, then a record of voluntary dismissal is made in the employment record. The employee does not have the right to insist that relocation be indicated as a reason for termination of the contract. But for the wives of military personnel, an exception is again made, since the basis for termination of cooperation correctly entered in the work book gives the right to receive compensation. The document of these employees must always indicate that the dismissal is due to the transfer of a spouse.

Contract termination process

The procedure for ending an employment agreement related to the relocation of an employee is practically no different from ending a relationship on the initiative of a specialist. The difference arises only in cases where the manager agrees to shorten the period of compulsory service.

The dismissal process for an employee consists of the following stages:

Submitting a letter of resignation addressed to the head of the company. It is allowed to send the document by registered mail with notification and a list of the attachments.
Two-week work if the employer does not agree to a reduction in the period.
Signing a bypass sheet, if this is established by the internal rules of the enterprise.
Registration of the transfer of material assets, if the official was the financially responsible person.
Receiving a copy of the contract completion order, work record book and other necessary documents.
Final settlement.

A specialist has the right to take annual leave and only then resign. In this case, it is better to resolve all issues related to termination of the contract before going on vacation, especially if the citizen is a financially responsible person.

Dismissal process due to relocation

The process of termination by a subordinate of legal relations with his employer in the event of his departure is similar to the general procedure for dismissal of his own free will. In this case, some nuances must be taken into account, taking into account the reason for the move.

In the case when a citizen quits his job and intends to move to another city, he takes the following actions:

A letter of resignation is written. If the organization provides a special form for such statements, then it is drawn up in accordance with its requirements. The document is written addressed to the management of the company. Reasons may include relocation. Reference is made to Article 78 of the Labor Code if the termination of relations will be carried out taking into account the agreement of the parties. In other cases, Article 80 of the code is indicated.
Confirmation of the fact of relocation (certificate from the registration service) is attached to the application.
The application is submitted to the company's HR department. It is possible to send the document by mail with a notification letter.
A 14-day period is worked out or, if agreed, the position is released on one day.
The employee is given a bypass sheet (if this requirement exists), with which he visits all divisions of the company.
On the last day, the subordinate signs the dismissal order and receives a copy of it.
On the final day, the employee is also given his work book.
According to Article 140 of the Labor Code, the employee is paid a cash payment on the last working day. If he was absent from work during the specified period, then his dismissal pay should be transferred to him on the next day from the date when he contacted the employer with a similar demand.

If dismissal from a position is associated with an employee’s refusal to move to a new place of work in the same organization, then the algorithm of his actions is as follows:

They receive a notice of the company’s intention to move to another city with a corresponding offer to change the city of work.
Within the period specified in the notification, the person gives consent or refusal to move on the proposed conditions.
If refused, he will serve the legal 2-week period. If urgent departure is necessary, the duty to work may not be established.
A bypass sheet is signed in all company services.
On the last day, the employee signs the order, receives a work book and a paycheck.

Information

Dismissal due to company relocation

Dismissal related to the relocation of the company itself is carried out a little differently.
In such a situation, the employer is obliged to inform all staff about the upcoming changes. Despite the fact that there are no rules for carrying out such a procedure in the legislation, it is better to inform employees in writing. This will allow the manager to confirm that employees have been notified in the event of an inspection by supervisory authorities or legal proceedings. Termination of the contract occurs in accordance with the general procedure in accordance with the provisions of Art. 81 of the Labor Code of the Russian Federation with a mandatory written certificate of the specialist’s refusal to move. In the order to dismiss a citizen, reference should be made to clause 9 of Art. 77 Labor Code of the Russian Federation.

The need for development

Timely registration of dismissal in connection with moving to a new place of residence under Article 80 of the Labor Code of the Russian Federation is possible provided that the citizen notified the organization’s management of his intentions two weeks before the desired end of the employment relationship. There is no special rule establishing the employee’s obligation to work for a two-week period, but the employer is given the right to refuse to dismiss a specialist before the expiration of the specified time. And if an official wants to quit urgently, but the employer does not give his consent to this, then the employee will have to work off.

But still, in some cases, an employee has the opportunity to leave the organization without working for the established period:

Urgent preparation of documentation for dismissal of one's own free will without working off due to relocation, if both parties agree to this.
Application of the provisions of Art. 80 of the Labor Code of the Russian Federation, according to which relocation can be considered a valid reason to shorten the period of completion of the contract.
An employee going on vacation for more than two weeks followed by termination of cooperation. It is recommended to end all relationships with the employer before starting your vacation.
A certificate of incapacity for work, according to which the period of work will end before the specialist recovers.
Identification of facts indicating violation by the employer of the provisions of Russian labor legislation.

By indicating a valid reason for dismissal in the application, the employee forces the employer to resign on the date specified in the document. The difficulty lies in the fact that the regulations do not contain a list of such grounds.

Practice shows that the following are considered valid reasons:

The citizen’s move to a new place of residence, preferably confirmed by a note in the passport about the extract.
Sending a spouse to work abroad or transfer to another city.

Thus, the departure of a specialist can be considered as a valid reason for urgent dismissal.
But in order to apply these legal norms, the employee must write in the application that the termination of the contract is related specifically to the move. To confirm the need for urgent dismissal, the employee may provide supporting documentation to the manager. But nevertheless, this reason is not legally established as valid, and therefore it is up to the employer to decide whether to take it into account or not. Since relocation is not a clear legal basis for dismissal without working out the required two-week period, it is better to come to an agreement with the employer and leave without conflict. If the employer insists that the citizen work for fourteen days, then it is necessary to find the most suitable way for the employee not to do this, complying with the provisions of the law. If a specialist stops going to work after submitting an application, but before the date of dismissal, his actions will be qualified as absenteeism. In this case, dismissal will be carried out in the form of a disciplinary sanction.

Basic provisions

The basis for dismissal of an employee who changes his place of residence to another locality is solely at his own request. This principle also applies to spouses of contract soldiers leaving for a new region to continue their military service.

Thus , if a change of job occurs due to the employee’s relocation, then the final payment will occur on the basis of clause 3 of Art. 77 Labor Code of the Russian Federation. In other words, of your own free will.

According to the letter of the law, if termination of the contract occurs on the initiative of the employee himself, then he will have to work for a two-week period. By the way, it begins to count from the date indicated in the resignation letter.

However, there are situations when the employer is obliged to release the employee without two weeks of work. According to para. 3 tbsp. 80 of the Labor Code of the Russian Federation, these include situations when dismissal is associated with the worker’s enrollment in an educational institution, etc. The list of circumstances under which work obligations are lifted is not exhaustive. Therefore, this issue is usually resolved on an individual basis.

In its Resolution No. 2 of March 17, 2004, in paragraph 22, the Supreme Court of the Russian Federation explained that an employment contract can be terminated without working out if the application for dismissal is due to the inability to continue working in this organization due to the spouse moving to work abroad or in another region. In such situations, according to the Supreme Court of the Russian Federation, the employment relationship must be terminated from the date specified in the application.

Entitled payments

For any reason for termination of cooperation, the employer is obliged to make a full settlement with the specialist. In this case, the employee must receive the following funds:

Salary for time worked.
Compensation for unused vacation days.
Payment for the period of incapacity for work if the employee was on sick leave.
Bonus payments, if they are provided for in the labor and collective agreement.

The entire amount must be paid to the officer on the date of completion of the contract. They can also be issued to a third party who presents the appropriate power of attorney.

The Labor Code does not provide for the preferential rights of employees in matters of dismissal due to relocation. In this regard, citizens need to know the provisions of regulations. An employee may ask the manager to shorten the working period, but it should be borne in mind that there is no rule in the law obliging the employer to agree to this.