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Employment is a certain paperwork. And in the case of termination of the contract, you will also have to face a number of papers. But with what exactly? What documents should the employer provide upon dismissal? What certificates are always given, and what is issued only on demand? We will answer these questions below. In fact, everything is simpler than it seems. Having studied in detail the dismissal procedure, everyone will be able to find out what papers he will be able to face.

Types of termination of relations

What documents must be issued upon dismissal? To some extent, the answer to this question depends on the type of termination of the employment relationship.

In total, the following reasons for leaving work are distinguished:

• in connection with the move;
• at the initiative of the employer;
• at the personal request of the employee;
• by agreement of the parties.

In fact, everything is not as difficult as it seems. Most often there is a departure from the workplace at the request of the employee. What documents to issue to the employee upon dismissal under similar circumstances and not only? Every employer should understand this. After all, if you violate the established labor law, there will be a number of problems. In particular, the subordinate will be able to achieve his reinstatement.

The procedure for terminating the agreement

First, a few words about how the dismissal occurs. This process raises many questions. Especially for employers. Violations of the operation among workers are almost never found. But the authorities can terminate the employment contract not according to the law.

To avoid this, consider the process of leaving work for own will. Documents upon dismissal in this case are issued on a mandatory basis personally into the hands of a subordinate.

The algorithm of actions for terminating an employment type agreement looks like this:

1. Draw up a letter of resignation. You can write it by hand.
2. Submit a request to the employer (in advance).
3. Sign the application. This step is carried out by the employer.
4. Get a rehearsal.
5. Prepare a letter of resignation. This responsibility rests entirely with the employer.
6. Make an entry about the event in the work book of a citizen.
7. On the day of dismissal, read the order and sign it.
8. Get some documents. Upon dismissal, as we have already said, not many papers are required.
9. Collect money for hours worked.

Ready! After these steps, the employee will be considered dismissed. But what papers should he be issued without fail? And what does the employer give on demand / in case of violations of the established rules for terminating relations?

Common papers

Let's start with the simplest. We will try to find out what documents should be issued upon dismissal under certain circumstances. Consider the unspoken mandatory list of documentation.

It consists of the following references and extracts:

• employment history;
• settlement sheet;
• certificate of income (in the form of 2-NDFL).

Ideally, after providing these documents, a citizen will be able to calmly leave work. But in the personal file of a subordinate, much more various papers are stored. What else can you ask from your employer? And what should the boss do if the employee violates the dismissal process?

Income

Sometimes citizens leave work, but at the same time they need income certificates for a certain period of time. For example, when applying to banks.

Documents upon dismissal of an employee include some papers issued on demand. Income statements for a certain period of time are included here.

You can ask your employer for a salary statement:

• for the last 3 months;
• for 2 years of employment in the company.

It all depends on the wishes and needs of the citizen. The request is sent in writing. Typically, the period for issuing such certificates is no more than 3 working days. Ideally, the employer can prepare statements in advance, and then issue them to the subordinate on the day the employment relationship is terminated.

Insurance

But this is only the beginning. Various documents are issued upon dismissal. Some of the documentation is familiar. She doesn't ask any questions.

It is worth paying attention to the fact that subordinates can demand from their employers almost all certificates from personal files in their own name. Important are statements about insurance deductions.

In 2017, the boss can be required to:

• reporting on insurance transfers;
• SZV-STAZH form;
• extract of SZV-M.

At the same time, the second and third references appeared in Russia quite recently. SZV-STAZH should be given on the day of leaving work, and the employer must produce SZV-M 5 days after the former subordinate made a corresponding request in writing.

Orders

What else do you sometimes encounter? What documents are issued upon dismissal? All of the previously listed papers can indeed be requested former employees. Moreover, as practice shows, it is allowed to apply with a corresponding request at any time of the existence of the company. Even after the person is expelled from the staff.

What documents are issued upon dismissal? The list can be supplemented with the following orders:

• about hiring;
• promotion/demotion;
• transfer to other departments.

Also, a person can ask for a dismissal order. This is normal, although it is extremely rare. Usually, a work book with a corresponding entry is enough for subordinates.

Agreements

Move on. Despite the fact that the previously listed papers form a very impressive list, the question asked has not yet been finally resolved. What else is asked of employers when terminating employment-type relationships?

For example, it is allowed to request the following documents upon dismissal:

• labor contract;
• additional agreements with the employee.

In practice, these papers are issued extremely rarely. After all, few people will request from the employer a full package of possible certificates upon termination employment contract.

Medical book

The list of documents issued upon dismissal is diverse. It is supplemented in some cases by a medical book. It is sometimes called sanitary.

Not all subordinates face this paper. As a rule, the boss is obliged to issue a medical book, if initially a person had to present it for employment. It is forbidden to take away such a document.

Accordingly, if the position of the dismissed person does not provide for the provision of a health book to the employer, then when leaving work, they will not be able to issue it to the former employee due to the absence of this document from the employer in principle.

Important: the boss does not have the right to make any entries in the medical book. The document is issued on the day of termination of the employment relationship.

Other

But that's not all! What documents are issued to an employee upon dismissal? We got acquainted with the main list of relevant papers. But it is not exhaustive yet. It is allowed to request various kinds of extracts from the previous place of work. They must be related to the applicant and to the conduct of employment.

For example, a former subordinate has the right to receive the following documents upon dismissal:

• accident reports;
• orders for reprimands or other punishments;
• other papers related to labor activity.

As practice shows, in real life employees do not ask for such documentation. After all, the bulk of the certificates related to the labor activity of a subordinate indicates certain shortcomings. They are usually carefully hidden. Not always, but very often this is the case.

Human data

Documents upon dismissal of an employee are issued, as a rule, after submitting relevant requests. With the list of papers given without unnecessary red tape, we have already met. But all the previously proposed information does not fully reveal the topic under study.

Since 2006, a subordinate can request from his superior any records containing the applicant's personal data. For example, such statements can be awards, merits, information about participation in certain events.

In case of violation of the procedure

The list of documents issued upon dismissal is still not completed. After all, situations are different. And depending on the circumstances, the employer will issue this or that documentation.

Sometimes there are problems with the transfer of certain mandatory certificates. For example, a subordinate refuses to pick up a work book or does not apply for a calculation. What to do in this case?

Any violations of the procedure for terminating relations with a subordinate include:

• drawing up relevant acts;
• sending notifications about the need to receive certain certificates.

In fact, everything is easier than it seems. Acts on refusals to receive this or that documentation, ideally, are not issued to a subordinate. They must be kept by the employer in the employee's personal file. In addition, in exchange for notifications of receipt of documents upon dismissal, the boss must receive the relevant certificates. They serve as confirmation of the direction of warnings to the dismissed person.

Agreement of the parties

We have already studied the documents upon dismissal of our own free will. In some cases, the initiative to terminate the employment contract comes from the employer. Under such circumstances, the package of studied certificates is no different.

Otherwise, you will have to prepare documentation if the termination of the employment contract in the company is terminated by agreement of the parties. What happens in this case?

The employer and his subordinate conclude an agreement on dismissal. The corresponding contract can be issued to the dismissed person. This is normal.

Issuance rules

We found out what documents are issued upon dismissal. But not everyone understands how to arrange them correctly.

The bulk of the papers are issued in the original. Such references include:

• statements in the form 2-NDFL;
• medical book;
• work book.

All other documentation is sometimes issued as copies. This is normal, but only if certain design rules are followed. What is this about?

All copies of documents that are issued to the dismissed person must have a mark like "Copy is correct". Without it, the document has no legal force. The exception is the original certificates of the established forms.

About the issuance period

What documents are required upon dismissal? For an employer, this is:

• dismissal order;
• termination agreement;
• work book of a subordinate;
• medical book (for some positions);
• income documents of subordinates.

For an employee to resign, it is enough to send an application of the established form. After that, the process is considered started.

How long does it take to provide certain documentation? It all depends on what kind of paper the employee asked for.

The most common principles are:

1. On the day of termination of relations, they issue: a work book, a sanction book, form 2-NDFL.
2. statement for accounting.
3. Certificates of income for a particular period are issued within 3-5 days.
4. It is customary to transfer statements of insurance payments on the day of termination of the contract with a subordinate.

In fact, everything is not as difficult as it seems. And it’s easy to remember documents when you leave. The main thing is to pay attention to the certificates that are mandatory issued to subordinates. And also remember that the employee can demand from the employer any statements with their personal data.

Conclusion

We saw what documents are issued upon dismissal. The list of relevant papers looks impressive. And not everyone can remember it.

As already mentioned, it is important to pay attention to the mandatory certificates transmitted to subordinates when they leave work. After all, it is these documents that people most often need.

When an employee is dismissed, the personnel officer and accountant must prepare more than 10 documents. The procedure for dismissal and a complete list of documents upon dismissal in 2020, which the employer is obliged to issue, we have given in the article.

Please note that the article is written for accountants and personnel officers, taking into account recent changes 2020.

How to quit in 2020 step by step

Step 1. Receive from the employee or independently (or together with the employee) draw up a document that will justify the reason for dismissal.

Step 2 Issue a dismissal order and sign it with the head.

Step 3 Based on the above documents, make an entry in the employee's personal card.

Step 4 Provide the employee with an order and a personal card. The employee must familiarize himself with the documents received and certify the fact of familiarization with his signature.

Step 5 File a notice of resignation work book employee, indicating the reason for the dismissal and making a link to the relevant article of the Labor Code of the Russian Federation.

Step 6 Certify the entry in the work book with the signature of the manager or employee involved in personnel. After that, the record is endorsed by the dismissed employee.

Step 8 On the last day of the employee's work, make a settlement with him, and also give him:

• certificate of the amount of wages and other remuneration for the time of work in the form 182n
• other documents (at the written request of the employee), for example, Form 2-NDFL

The obligation of the employer to issue all of the above on the last day of the employee’s work is stated in part 5 of article 80 of the Labor Code of the Russian Federation.

Step 9 If the employee is a payer of alimony, report his dismissal within three working days to the bailiff, as well as to the person receiving alimony. The message must be drawn up in any form, indicating in it, in addition to the fact of the dismissal itself, a new place of work or place of residence former employee. Of course, a new place of work should be indicated only if you know it. This procedure follows from paragraph 1 of Article 111 of the Family Code of the Russian Federation and Articles 190 and 191 Civil Code RF. Please note that for failure to provide information about the dismissal without good reason officials organizations can be held liable (clause 3 of article 111 of the Family Code of the Russian Federation).

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Fill out resignation documents online

What documents to issue to employees

1. Applications of the employee and the order to dismiss

Voluntary dismissal of an employee is the most common way to terminate an employment relationship. The employee needs to write an application addressed to the manager no later than two weeks before the date of the proposed dismissal (Article 80 of the Labor Code of the Russian Federation). However, if the head is dismissed, the period is a month. But to an employee located on probationary period, you can apply for your dismissal in three days (Article 71 of the Labor Code of the Russian Federation). Also, in three days, persons with whom an employment contract has been concluded for a period of less than two months (Article 292 of the Labor Code of the Russian Federation), as well as those who are engaged in seasonal work (Article 296 of the Labor Code of the Russian Federation) can issue an application.

An employee can submit an application in person or send it by registered mail or in any other way that makes it possible to determine the fact and date of receipt of the application by the organization.

Note that within two weeks (a month or three days), an employee can withdraw his application and continue working (Article 80 of the Labor Code of the Russian Federation). But only if on vacancy another employee is not invited, who, according to the law, cannot be denied employment. This may be, for example, an employee invited from another organization in the order of transfer. After all, with such an employee, the organization is obliged to issue labor Relations within a month from the date of his dismissal from his previous place of work (Article 64 of the Labor Code of the Russian Federation).

Based on the employee's application, which is signed by the head of the organization, an employee of the personnel department or an accountant, if he is entrusted with personnel records, draws up an order for dismissal by. The form was approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1.

Upon dismissal by agreement of the parties, both the employee and the employer can initiate the termination of the employment contract. The peculiarity of the procedure is that you need to draw up a special document - an agreement. It indicates the date of dismissal and the basis - the agreement of the parties. These items in the document must be required, the rest - at your own discretion.

• Related article:

For example, in addition to the agreement, you can prescribe the condition for granting leave before dismissal, the procedure for payment and the amount of compensation, etc. They draw up such a document in two copies. The first is for the employee, the second remains with the organization. There is no special form for the agreement, you can use any. We offer you the following example.

Document number 2. Work book

A work book is necessary for employees in two cases. The first - upon dismissal, then to give to a new employer. The second is to apply for a pension in the FIU. In other cases, do not give work books into the hands of subordinates (clause 35 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225).

Upon dismissal, issue a work book on the last day of work (Article 84.1 of the Labor Code of the Russian Federation). And upon request for registration of a pension - within three working days (Article 62 of the Labor Code of the Russian Federation).

If an employee asks for a work book to apply for a pension, issue a document upon a written application.

Ask a subordinate who is going to apply for a pension for an application for a work book. Here, let the employee write: “I received the work book”, the date, full name and put down his signature.

Tell the future pensioner to return the book within three working days after the PFR document is returned to him (part 4 of article 62 of the Labor Code of the Russian Federation).

When an employee is dismissed, make an entry in the work book about the termination of the employment contract, ask the employee to sign. Information about the work is certified by the personnel officer with his signature. Put a seal if you use it in your work (Order of the Ministry of Labor of Russia dated October 31, 2016 No. 589n).

Please note that in 2020, in addition to the paper labor employer issues an electronic work book to employees in the STD-R form.

See what the new form looks like in the picture:

Since 2020, electronic work books have been introduced in Russia. All employers must submit a new SZV-TD form to the FIU. And in the STD-R form, this information is duplicated; it is intended for handing over to employees upon dismissal.

Document No. 3. Certificate of average earnings for calculating benefits

Personalized accounting data is needed by an employee to assign a pension. Also, the employee may request information to make sure that you transfer the accounting data about him to the FIU.

At the request of the employee - within five calendar days(paragraph 1, clause 4, article 11 of the Federal Law of 01.04.96 No. 27-FZ). For those who leave, on the last day of work (paragraph 2, clause 4, article 11 of Law No. 27-FZ).

Generate SZV-M and SZV-STAZH reports only for the employee to whom you issue documents. Do not include the rest of the personnel in the extracts from the reports (letter of the PFR Department for Moscow and the Moscow Region dated April 3, 2020 No. B-4510-08 / 7361).

In the SZV-STAGE form, reflect the periods of work from January 1, 2017 until the day of dismissal or until the date of the request for information (a sample report is below).

Sample from the record of the worker's experience

For each employee, you fill out a separate section 3 of the calculation of contributions. If the employee quits in the middle of the quarter, then form section 3 for the unfinished reporting period. In field 020, write down the period code: 21 - for the 1st quarter; 31 - for half a year; 33 - for 9 months; 34 - for the year.

• Related article: Sample calculation of contributions to hand over to employees in 2020

Sample of data on payments and accrued contributions

Obtain confirmation from the employee that he has received personalized information. For example, an employee can sign your copies of reports. Or start a separate log of issued information.

Sample log for issuing accounting information

Document No. 5. Income statement in the form of 2-NDFL

Most often, employees take a 2-NDFL certificate in order to declare a personal income tax deduction at the Federal Tax Service Inspectorate or apply for a loan at a bank. Another reason is the dismissal of an employee. Issue a certificate on the day of dismissal.

In the "Attribute" field, enter:

1 - if personal income tax was withheld from all income (clause 2, article 230 of the Tax Code of the Russian Federation);

2 - if the employee had income from which tax was not withheld (clause 5 of article 226 of the Tax Code of the Russian Federation).

Document No. 6. Payslip

In the payslip, you specify the components of the salary of subordinates (Article 136 of the Labor Code of the Russian Federation). Here you also reflect the size and grounds for deductions from payments, as well as the total amount payable.

You must issue a pay slip every month to each employee, regardless of whether he asks for a document (part 1 of article 136 of the Labor Code of the Russian Federation). At the same time, it does not matter how you pay the salary - in cash from the cash desk or transfer it to the employee's account. Usually the sheet is issued on the day of salary for the second half of the month. Upon dismissal, the pay slip must be issued on the day of dismissal.

There is no unified form of pay slip. The company has the right to develop the form itself or take a ready-made sample from its accounting program. Approve the selected form by order. Make sure that it contains all the necessary details: full name of the employee, accrual period, accrued amounts (salary, allowances, bonuses, etc.), deductions (personal income tax, alimony, etc.), the total amount payable.

If you do not issue pay slips, you may be fined. The amount of the fine for a company is from 30,000 to 50,000 rubles, for a businessman - from 1,000 to 5,000 rubles. (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Issue the pay slip on paper or by e-mail. The Ministry of Labor allows this (letter dated February 21, 2017 No. 14-1 / OOG-1560). The judges also do not see violations in the distribution of leaflets via the Internet (appellate ruling of the Krasnoyarsk Regional Court dated August 13, 2012 No. 33-6671/2012). Choose the issuance procedure yourself and fix it in the regulation on remuneration or in a separate order of the head (letter of Rostrud dated 18.03.2010 No. 739-6-1).

If you issue on paper, keep a separate issue log or ask employees to sign on the tear-off part of the sheet. Labor inspectors at the inspection may require a document that confirms the issuance of pay slips.

Three more documents upon dismissal

What is the reference	What is needed for	What form to make	What to include in help
Help from the place of work	Most often needed to obtain a visa	A sample of the form can be taken on the website of the visa center. But most often you can draw up a certificate in free form on company letterhead.	Name, address and phone number of the employer, position, income, length of service of the employee. Some visa centers require you to indicate that the employer provides the employee with leave during the trip
Certificate of average earnings for the employment service	For the employment service to calculate unemployment benefits		Average earnings for the three calendar months preceding the month of dismissal. Count earnings in the manner established by the Ministry of Labor in the resolution of 12.08.2003 No. 62
Certificate to the second parent of the child that he did not receive benefits	Needed by the other parent to receive childbirth or childcare benefits	In any form on the letterhead of the company or individual entrepreneur	Indicate to whom the certificate was issued and what it confirms: - the father does not use parental leave and does not receive care allowance; The father did not receive child support. Basis - sub. "c" p. 28, sub. "g" clause 54 of the Procedure approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n

In the activities of any employer, there comes a time when an employee leaves. And often in small companies, the responsibility for all personnel documents falls on the shoulders of an accountant. Full list documents upon dismissal-2017 we analyze in this article.

Settlement sheet

At the final settlement, the employer is obliged to issue a payslip, which reflects accruals, deductions and the amount payable (Article 136 of the Labor Code of the Russian Federation of the Russian Federation).

Employment history

The need to issue a work book is enshrined in article 80 of the Labor Code of the Russian Federation. In the work book, a record of dismissal is made that meets all the requirements of the Labor Code of the Russian Federation.

In the Personal card and in the Book of accounting for work books and inserts to them, the employee signs for the receipt of the work book.

Recall that the company does not have the right to detain a work book for one day. In cases of delay in the work book by the employer, the employee has every right to go to court and the employer will be obliged to compensate the employee for material damage caused as a result of illegal deprivation of his opportunity to work (Article 234 of the Labor Code of the Russian Federation).

It may happen that the employee is absent from work on the day of dismissal or evades receiving a work book. In this case, it is necessary to draw up a notice and send it to the employee. The notice says that the employee must appear for a work book or agree to send it by mail.

From the date of sending the notification, the employer is released from liability for the delay in issuing a work book (Article 84.1 of the Labor Code of the Russian Federation).

Medical book

If for execution job duties the employee needed a medical book, the employer must also return it.

Information about salary

The certificate has a wonderful short name: “Certificate on the amount of wages, other payments and remuneration for two calendar years preceding the year of termination of work (service, other activity) or the year of applying for a certificate on the amount of wages, other payments and remuneration, and the current calendar the year for which insurance premiums were accrued, and on the number of calendar days falling in the specified period for periods of temporary disability, maternity leave, parental leave, the period of release of the employee from work with full or partial pay in accordance with with legislation Russian Federation, if on the saved wages during this period, insurance contributions to the Social Insurance Fund of the Russian Federation were not accrued.

Thanks for reading!

So, the certificate is issued on the day of termination of work. If this is not possible, the employee must be notified of the need to appear for it or agree to send it by mail. Just like with a workbook.

The need to issue a certificate is determined by clause 3 of part 2 of article 4.1 of the Federal Law “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood” dated December 29, 2006 No. 255-FZ.

Since February 2017, the certificate form has been changed. What specific changes have occurred, "Clerk" wrote in.

SZV-STAGE

Despite the fact that the SZV-STAZH will be handed over for the first time only in 2018, upon dismissal of an employee in 2017, it is necessary to issue him an extract from this report. The report should include data only on the dismissed employee.

More detailed information about SZV-STAZH can be found in.

Calculation of insurance premiums

Section 3 of the calculation of insurance premiums reflects personalized information about the insured persons.

On the day of dismissal, the employer is obliged to issue an extract from this section with data on the dismissed employee.

For the period up to 2017, data are provided from section 6 of the RSV-1 form of the PFR “Information on the amount of payments and other remuneration and the insurance period of the insured person”.

Penalty for non-issuance of documents

If the employee is not issued documents on the day of dismissal, then both the organization and the manager face a fine.

For an organization, the fine will be from 30,000 to 50,000 rubles, and for a manager - from 1,000 to 5,000 rubles.

For a repeated violation, the fine will increase and amount to:

• for an organization - from 50,000 to 70,000 rubles;
• for a manager - from 10,000 to 20,000 rubles or disqualification for a period of 1 to 3 years (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

03/15/2020 Attention! The document is out of date! New version of this document

It is possible to dismiss an employee only if there are documents confirming the grounds for dismissal, for example (Articles 78, 79, 80 of the Labor Code of the Russian Federation):

• resignation notices (see sample 1), if the employee leaves of his own free will;
• agreements on termination of the employment contract (see sample 2), if you part with the employee by agreement of the parties;
• notification of the expiration of the employment contract (see sample 3), if the employee worked under a fixed-term employment contract.

1. Issue a dismissal order (form N T-8 or T-8a) (see sample 4). This order must include:
   • grounds for dismissal;
   • paragraph, part and article of the Labor Code of the Russian Federation, in accordance with which the employee is dismissed.

   On the order, the employee must put his signature that he is familiar with it.

2. On the basis of the order, it is necessary to make an entry about the dismissal in the work book of the employee.
3. Issue a note-calculation (form No. T-61) indicating all payments due to the employee.
4. Make an entry about the dismissal in the employee’s personal card (form N T-2) and familiarize the employee with the data entered into it against signature (Article 84.1 of the Labor Code of the Russian Federation).