Dismissal on the Initiative of an Employee

The dismissal of an employee’s initiative can be a surprise for an employer. It is always essential to understand what reasons can lead an employee to such a decision and how to respond correctly to this situation. In this article, we will look at the main aspects of employee-initiated dismissal and share tips for employers on managing this process.

Features of dismissal on the initiative of an employee

An employee may take the initiative to dismiss if he has concluded a contract with him, an employment contract for a certain or indefinite period or for the performance of a certain job.
Of course, the reason for dismissal, “dismissal on the initiative of an employee,” is not written in the workbook. An employee can initiate his dismissal, for example, by agreement of the parties.
Also, dismissal on the initiative of an employee can include:

Dismissal at the request of an employee.
Dismissal at the request of the employee.

The employee initiates dismissal by agreement of the parties

The employee can agree with the employer on dismissal by agreement of the parties. To do this, the employer must decide on the possibility of dismissal and the date.
Usually, in such a situation, an employee writes an application addressed to the head of the company. In the application, the employee indicates the desired date of dismissal. It is not necessary to specify and confirm valid reasons for dismissal.
If the employer agrees to dismiss the employee, they issue a dismissal order from the date specified by the employee. Suppose the employer disagrees with the date of dismissal or dismissal. In that case, the employee is explained that it is possible to rewrite the resignation letter from another date or resign on another basis.

Who cannot be fired by agreement of the parties

Young specialists who are sent for mandatory training by an educational institution and those who studied in the target area cannot be dismissed by the parties’ agreement before the compulsory training period ends.

Dismissal on the initiative of an employee Belarus

Dismissal at the request of an employee

An employee may request dismissal before the expiration of this contract when a fixed-term employment contract has been concluded with him. When there are specific grounds for dismissal at an employee’s request, the employer cannot refuse to dismiss. The grounds for dismissal at the request of an employee are valid reasons that the employee can confirm with documents:

An employee’s illness or disability.
The admission of an employee to military service under a contract.
Other valid reasons include a change in the employee’s place of residence, retirement, or the need to take care of a sick family member.
Violation by the employer of the requirements of labour legislation.

Features of the execution of dismissal at the request of an employee

To be dismissed at an employee’s request, he submits a written application addressed to the employer. The application needs the desired date of dismissal and a valid reason for dismissal. The employer will also need documents that confirm the reason for the dismissal. For example, a copy of the passport page with a note on the change of registration from the place of residence to another locality can be used in case of dismissal due to a change of residence.
You can dismiss an employee at his request without requesting documents from him that confirm the reason for the dismissal.
Violation of labor legislation by the employer, an employment contract is usually established by a state body that monitors employers’ fulfillment of legal requirements. When such violations are established by the inspection act, upon dismissal, the employee is paid severance pay – at least two weeks of average earnings when the employee worked under a fixed-term contract. If such an employee worked under a contract, then upon termination, the employee is compensated – at least three average monthly earnings.

Dismissal at the request of the employee

When an employment contract has been concluded with an employee indefinitely, the employee may resign, notifying the employer in writing one month in advance.
To be dismissed on this basis, the employer needs an employee’s statement indicating the date of dismissal. If the employee agrees, you can dismiss an employee without waiting a month after they submit their resignation. If desired, you can dismiss an employee who is on vacation or sick leave.
An employee may have various circumstances that make it impossible for him to continue working, such as health status, retirement age, moving to another area, or caring for young children (child). In such cases, the employer cannot refuse to dismiss the employee from the date that the employee indicated in the application.
When early (before the end of one month) dismissal is not agreed upon, at the end of the month, the employee has the right not to go to work. On the last day of work, the employer must give the employee a work record with a record of dismissal and pay wages for the time worked.

Who can’t be fired at will

You cannot dismiss at will:

An employee with whom a fixed-term employment contract has been concluded.
Young specialists before the end of the mandatory working period.

Execution of dismissal at the request of the employee

The employee submits a written application to be dismissed to the employer. When there are circumstances under which dismissal is allowed before the end of the month from the date of the employer’s warning, you need to ask the employee for documents that confirm such circumstances.
It is necessary to investigate the issue of paying severance pay to an employee. If this is required, the dismissal order must indicate the payment of severance pay and its amount. For example, when the spouse of a serviceman is dismissed in connection with the transfer of a serviceman to another locality, the dismissed employee is paid severance pay in the amount of two months’ average earnings.
In cases where an employee is entitled to severance pay and must be dismissed before the end of one month, the order indicates valid reasons for dismissal.

An employee may change his mind about quitting

An employee can withdraw his resignation letter at will before the end of the “precautionary” month. The employee submits a written application with a corresponding request to do this. In this case, the employee continues to work if an employee from the category of employees who cannot be denied employment has not yet been invited to his place. These are, in particular, persons sent to compulsory training by an educational institution, pregnant women, and single mothers.

Dismissal of an employee due to the end of the contract period

The end of the contract term concluded with the employee does not mean that the employee is no longer working and the employment relationship has automatically ended.
An employee who does not wish to continue working under a contract must notify the employer in writing of his intentions one month before the end of the contract period. If he wants to continue working, he should warn about the desire to extend the contract. The employer must do the same: a month or earlier, notify the employee in writing about the non-renewal or extension of the contract.
To be dismissed due to the expiration of the contract, the employee must write a written application addressed to the employer at least one month before the expiration of the contract.

Features of the employee’s dismissal at the end of the contract

The employee may indicate in the application one of the reasons for dismissal:

The expiration of the contract.
Agreement of the parties. In this case, the employee is fired when the contract ends, but not in connection with its termination but by agreement of the parties.

An order for the dismissal of an employee is issued no later than the last day of the employee’s work in the company. This day will be the day of the employee’s dismissal.

What needs to be done on the last day of an employee’s work

The last day of an employee’s work is the day of dismissal, which is indicated in the dismissal order. The employee’s dismissal order must be submitted under signature on the day of dismissal or earlier.

On the day of dismissal:

The employee is given a work record with a record of dismissal.
The final calculation is made with the employee: they pay him a salary for the time worked and compensation for unused vacation days that fall on the time worked.

You can deduct from the amount of the final calculation the payment for the days of vacation, which was provided in advance to the employee.
On the day of dismissal, severance pay is paid to the employee entitled to this benefit.

Actions of the employer after the dismissal of the employee

After the employee is dismissed, the organization completes and archives his personal file (if it was started).
The military enlistment office or the regional KGB department must be notified within a month after a conscripted employee’s dismissal.
No later than the day of dismissal, you need to send information about the dismissal in the form of a special electronic form to the personalized accounting system of the state social insurance – to the Social Protection Fund.