It's not easy to fire an employee. In the Labor Code, there is Article 81 for this, “Termination of an employment contract at the initiative of the employer.” But for some cases, a commission will be required, for others - reliable evidence of violations. It is laborious and long.
Return the labor with the wording "dismissed for own will" - easier. According to the Labor Code, the boss is obliged to offer a new place to some dismissed people. This will not work if the work sheet says that the person left on his own initiative.
Reasons for dismissal at the initiative of the employer may be as follows:
Labor discrepancy
The law says that one can be fired for inconsistency with the position held (Labor Code of the Russian Federation, Art. 81, p. 3). To do this, the boss needs to develop a plan: how and where to test the employee, by what criteria to evaluate his answer. The next step is to collect attestation commission. It should include the deputy director of the company, an employee of the personnel department, a representative of the trade union and the immediate supervisor of the person being certified. The commission proposes a task adequate to the position of the employee.
After certification, the commission votes whether you correspond to the position or not. For example, if a designer does not have a specialized education, but has knowledge and skills in this area, the commission will offer to send them to courses or transfer them to a position that is more suitable in terms of qualifications.
If you have not passed the certification, then you still cannot be fired immediately. First, the manager must offer a position that matches your professional level, from those that are currently vacant in the company. When you refuse all options in writing - that's it, you can fire. The law also allows you to challenge the result of certification in court. If the attestation procedure is violated, the court will recognize the dismissal as illegal and the position will be returned.
It is illegal to certify pregnant women and those who have worked in office for less than two years. After maternity leave or childcare leave, two years must also pass before certification. Important: this is stated in the Order of the Ministry of Education and Science of the Russian Federation of May 30, 2015 N 293, but there are no such conditions in the Labor Code.
What to do: update skills. Valuable Employee An employee who is well versed in the business is better protected from dismissal than an employee with outdated knowledge and methods of work.
Arbitrage practice: Igor Petrovich (name changed. - Note. ed.) worked in the library and was in good standing with colleagues and management. Before the title of "Veteran of Labor" he lacked a year and a half of experience. Therefore, the pensioner continued to work, despite his advanced age.
After the next certification, Igor Petrovich was offered to move to another position, with a demotion. The commission considered that the experience and skills of the employee do not correspond to the position held. The pensioner was outraged and refused. Igor Petrovich was fired. Then he went to court and demanded reinstatement and compensation.
Members of the commission also spoke in court. They said that Igor Petrovich, unfortunately, did not know how to work with a computer. And most of the responsibilities for his position are now associated with this skill. Colleagues of Igor Petrovich said that he was a very responsible and active employee, that he had many diplomas and thanks.
The court did not support the pensioner. Formally, the certification passed without violations, and the employee could not withstand the requirements of the commission. Resigned from another post. The dismissal was legal.
Lateness, absenteeism
You can't get fired for being late. But the boss can impose disciplinary action. For example, a remark or a reprimand. And for a new penalty - to order the dismissal (Labor Code of the Russian Federation, Article 81, paragraph 5). According to the law, this is called "repeated non-fulfillment by an employee without good reason of his labor duties."
If the employee goes to court, they will look at the dates of the penalties. Impeccable work reputation at first, and then several reprimands for short term will raise questions about the legality of the dismissal. The court will take the side of the employee, deciding that the manager did not give a chance to improve.
Absenteeism is when an employee is not at work for more than 4 hours in a row or he missed an entire shift, and there is no certificate of illness or other explanation. For absenteeism, they can be fired under the same article as for being late.
General rules: before reprimanding you, the boss must find out the reason for being late or absenteeism. You have two days to explain everything in writing. If there are no valid reasons, they issue a disciplinary sanction. This is an order or order that the employee must sign within three days.
What to do: follow discipline, always formalize sick leave or vacation at your own expense.
Important: if an employee was fired for being late, you need to check if there were other cases of lateness in the company at the same time. If yes, then the dismissal of one person is labor discrimination and a reason for going to court.
Arbitrage practice: Kostya got a job as a storekeeper in the company. Worked for a year and asked for a vacation. Brought a statement, but the boss ignored it. A month later, Kostya again wrote an application for vacation. The result was the same.
Once Kostya woke up in the morning and decided that this was no longer possible. He drank coffee and went to the park, with his favorite book. Kostya did not come to work that day. The boss immediately drew up an act stating that the employee was absent from the workplace. Kostya refused to write an explanatory note and sign the act. A week later, the dismissal order was ready. And then there was the trial.
The court declared the dismissal illegal, since the employee has the right to leave for the first year of work already 6 months after taking office. With written consent, you can transfer the vacation to next year. But Kostya did not sign such documents and did not agree to postpone the vacation.
It turns out that the boss violated Kostya's right to leave. And he boycotted such a decision with his absenteeism. The court sided with Kostya, reinstated him in office and appointed compensation.
Disclosure of the secret
Commercial and official secrets are protected by law. When you sign non-disclosure papers, you accept responsibility for the safety of this information.
Important: your salary, the number of employees in the company, information about vacancies is not a commercial secret. So it says in No. 98-FZ “On trade secret". And the law on personal data allows you to tell without restrictions how much you get. Because you are in charge of your personal data. At the same time, someone else's salary is the personal data of another person. If by position you have access to such information, you signed a non-disclosure document and blabbed, then you can be fired for disclosing other people's data.
If desired, the boss can prohibit talking about the size of the salary outside the organization. Then he must make internal document, where salary data will have the status of an official secret. It is impossible to forbid discussing your salary with your boss or colleagues. This is illegal and such an order can be challenged in court.
To dismiss for divulging official secrets, evidence is needed. For example, signed by an employee labor contract, which lists everything the company considers classified information.
What to do: study the employment contract and find out what information cannot be discussed with colleagues and friends.
Who can't be fired
Pregnant women are not fired for any of these reasons. But the boss can issue a reprimand, fix the violation. Those who are on vacation - at their own expense or maternity leave - can only be fired when they return to work. It cannot be done retroactively.
There is also medical indications to dismissal. If an employee cannot go to work for 4 months, the position is retained by him. When the period of medical restrictions on work is more than 4 months, the boss has the right to issue a dismissal order (Labor Code of the Russian Federation, Art. 73). Or offer a position that matches the employee's health capabilities. It is impossible to fire someone who is on sick leave.
Arbitrage practice: Sofia Ivanovna (name changed, - Note. ed.) worked in the Council of People's Deputies. Once the structure of the apparatus was revised. They reduced her position and introduced another - the head of organizational and personnel issues. The boss called Sofya Ivanovna for a conversation and suggested that she resign "of her own free will." And he did not offer to take a new position corresponding to experience and knowledge. She refused.
Due to her temperament, Sofya Ivanovna had a hard time with problems at work and even ended up in the hospital. While on sick leave, she received the first official notice from her employer that her position had been made redundant.
I'm being pushed to quit. What to do?
Defend yourself. If the manager has no comments on your work and labor discipline, formally the truth is on your side. Personal claims of colleagues are not a reason for dismissal. If you feel pressure from one of the employees, write a report addressed to the boss. Tell who and how interferes with your work, ask to deal with the situation.
Make a claim. Freely describe the problem. Explain in detail how you see her solution. Indicate what you will do if the situation is resolved in an undesirable way for you (go to court, write to the labor inspectorate). Submit a claim by registered mail manager at the address of your company. You need a notification that the recipient has received the letter. If the case goes to court, this document will protect your interests.
How to quit your job so that there are no misunderstandings with the team, and even more so with the leader? Each employee wants to terminate the employment relationship as beneficially as possible. In order to choose the most suitable option, it is necessary to consider possible types of layoffs.
Dismissal Options
“I’m quitting, I’ve decided, they’re already waiting from another institution,” “I feel like I might be fired soon, it’s probably better to write a letter of resignation in order to leave beautifully?” - such thoughts are often shared by working people in the circle of family or friends. In most cases, if you do not take into account dismissal at the initiative of the head, workers cannot decide on the basis for termination labor relations.
When deciding how to quit your job, you need to focus on what can induce a person to quit. Perhaps the relationship with the employer or the team did not work out, or maybe the presence of offenses on the part of the employee prompts him to leave, and he is afraid that he will soon be fired under the article?
Voluntary dismissal
The question of how to competently quit a job arises even if the employment contract is terminated on the personal initiative of the worker.
This process begins with a letter of resignation. It is issued in free form, but it is necessary to indicate a personal desire to leave, it is not necessary to specify the reasons for this. The application must be submitted to management 14 days before the desired date of dismissal. An order to this effect will be issued within the period specified in the application.
And then the question arises - is it possible to quit earlier? The Labor Code explains how to quickly quit your job, that is, it describes the conditions that allow you to terminate the employment contract immediately after the desire expressed on paper. There are circumstances under which the termination of the employment relationship is possible earlier than 14 days from the date of writing the application.
Important! The employee has the right to withdraw the application for resignation only up to the date described in the application, inclusive.
The Labor Code describes the conditions under which it is possible to reduce the waiting time for leaving work to three days. These include cases:
- Finding an employee on probation.
- The worker works fixed-term contract concluded for less than 2 months.
- A person has a contract for seasonal work.
In addition to these conditions, it is possible to agree on the terms of dismissal with the authorities on an individual basis, maybe they will meet halfway.
Many are interested in how best to quit - after taking a vacation or getting compensation for it? Here it is necessary to proceed from the desire to work in the organization. It is possible that the employee will write a vacation application with subsequent dismissal, but then additional payments will not. And there is an option to work out the due date, but receive a compensated amount for total number unused vacation days.
One day layoff
It will be possible to quit even earlier if the employee belongs to the category of persons specified in Art. 80 of the Labor Code. The following conditions allow terminating an employment contract on the same day after filing a resignation letter:
- The employee has reached retirement age.
- The worker has health problems that prevent him from working in a certain institution or from living in a certain area.
- The need to care for a child under 14 years of age. If the child is disabled, the term allowing one day to quit is increased to 18 years.
- The presence of a relative - a disabled person of group I, who needs care.
- Family relocation to another region.
You can provide any other good reasons. AT this case when writing a letter of resignation, it is necessary to explain your decision and provide relevant certificates, for example, provided that the worker has a disabled child, he must provide a document from a medical institution, if the military is transferred to another unit, his wife must provide the supervisor with a copy of the order for translation.
As in the case of reducing the waiting time for dismissal, you can quit immediately by talking with your superiors.
What payments are due upon dismissal?
Upon dismissal of their own free will, they make payments that are usual for calculation:
- Salary for the period actually worked and compensation for vacation, if it has not yet been used.
- Bonuses, if they are provided for by an employment contract, for example, quarterly or annual. This may be a fixed amount or a percentage of the salary for the period for which the bonus is due.
Sometimes annual bonuses are indicated according to the documents as stimulating, although in fact they are an encouragement for quality work for 12 months. In this case, it is more profitable to quit at the end of January or in February. These terms are not accidental: since it is believed that if an employee quits, then the bonus for future work should not be paid, so it is better to get it, and only then leave.
At the same time, it is unprofitable to quit in those months where there are many holidays, if they pass on the papers as non-working, the salary will be less. Except in cases with shift schedule work, when employees carry out official duties and on holidays, then dismissal will, on the contrary, be more profitable, since work in holidays paid twice.
Dismissal by agreement of the parties
If the question is how to quit your job profitably, then the answer will be - quit by agreement of the parties. The dismissed person is given the opportunity to choose some conditions, like the boss.
Both parties can be the initiator, and only if all the criteria are met, an agreement is signed. The document is drawn up and signed in duplicate.
The undoubted advantage for the employee will be that he can independently choose the date of dismissal. For the authorities, such a dismissal is convenient, since any category of citizens can be dismissed - pregnant women, women on maternity leave.
What payments will be made at the termination agreement?
A certain incentive for the worker may be compensation if it is mentioned in the agreement. Oddly enough, compensation can also be beneficial for the employer. In the event that there is a reduction, the employee will need to pay severance pay for two months, and sometimes more, while compensation upon dismissal under the agreement can be somewhat underestimated.
For reference! The payment can be in a fixed amount, or it can be determined as a percentage of the salary.
When the initiator is an employer
If it is the manager who is going to terminate the employment relationship, the worker has the question of how to quit his job in order to maintain good relations with important people and not let yourself be deceived with payments?
In most cases, the boss wants to get rid of some certain employee, for example, from a pregnant employee, but knows that this is unacceptable on the part of the Labor Code of the Russian Federation. Therefore, the head asks her to quit by writing a letter of resignation. Or threatens mass layoff because of the imminent reduction, and the boss does not want to pay severance pay and can force him to resign on his initiative.
Lawyers do not advise in these cases to leave of their own free will, since then it will be difficult for the dismissed to prove the illegality of the management's actions.
Another case is when an employer wants to fire an employee for systematic disciplinary violations, but agrees to the termination of the employment contract at the initiative of the worker. In this case, for the worker, this is the most suitable option.
What payments to expect from the employer if he fired
Payments depend on the reason for termination of the employment relationship. If the fact is that the employee repeatedly violated the terms of the contract, then he is only entitled to standard set amounts - wages for the days worked and compensation for vacation, if it was not used.
If the reason is a reduction in the number of staff of the enterprise or the termination of the activity of the institution, the employees who left are entitled, in addition to standard payments, also severance pay in the amount of their salary for two, and sometimes three, months.
How to quit without losing your reputation?
Regardless of the basis for dismissal, the employee should go through the procedure with dignity and not interfere with the process. If the employee decided to quit himself or the manager was the initiator, it is worth weighing the pros and cons and determining the most convenient option for terminating the contract. At the same time, remember to be polite and corporate ethics and leave any position with dignity.
One of the simplest and available ways resign is writing a statement of one's own free will. But it should be remembered - it will be necessary to work out for two whole weeks. At the same time, there are several completely legal ways avoid processing.
Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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Is it possible
Operating in the territory Russian Federation legislation allows you to terminate an employment contract between an officially employed worker and his employer in various ways.
The most commonly used today is dismissal of one's own free will. This procedure termination of an employment relationship is the simplest and fastest, it is most convenient for the organization and the employee. It has a wide variety of benefits.
The issue of voluntary dismissal is considered in as much detail as possible in the Labor Code of the Russian Federation of December 30, 2001, as amended by the law, in "Termination of an employment contract at the initiative of an employee."
The only drawback of the considered method of terminating an employment contract is the need to warn your employer at least 14 days in advance.
At the same time, during this period, the employee is obliged to fulfill his job responsibilities. But there are ways to avoid this.
For example, this is a dismissal of one's own free will during sick leave - without processing, this can be done quite simply.
The two-week period includes sick leave and vacation. Thus, you can simply not attend working off, providing your employer with only a sick leave in the future.
Also, without a two-week working off, one day the employee has the right to quit in the following cases:
- in case of violation by the employer of labor legislation;
- on the basis of non-payment of wages - according to the Labor Code of the Russian Federation.
Dismissal without working off is allowed if something happened to the child of the employee, as well as to any of his close relatives.
But this is possible only with the agreement of the employer. If an agreement is not reached in such a situation, the employee has every right to go to court.
Practice shows that in most cases such cases are won by individuals.
By agreement with the employer, you can quit without any serious reason if he decided to make concessions to his employee.
Rules for dismissal of one's own free will without working off
There are many nuances associated with dismissal of one's own free will without working off. They need to be known to both the employer and the employee himself.
Since a violation of the dismissal procedure allows the former employee to go to court and demand compensation.
The most important nuances of dismissal of one's own free will without working out are the following:
- the employee is obliged to give notice of dismissal in writing;
- an application with a request to terminate the employment contract can be withdrawn by the employee at any time;
- even if the employer refuses to fire the employee, he has the right to stop work after 2 weeks from the date of the written warning.
On the last working day, the employer must:
- give the employee a work book with the corresponding entry made in it;
- calculate and pay the balance of wages.
The retiring person himself needs to without fail check the wording in the workbook. There must be a reference to Article No. 80 of the Labor Code of the Russian Federation.
If the record is different, then this is a serious violation and the employee has the right to go to court.
Upon dismissal, the deadline for transferring debts to former employees is the day following the date of dismissal. If for some reason the employer did not transfer the funds on time, then a penalty will be charged.
The payments must include compensation for vacation, as well as bonuses and other funds that the employer is obliged to pay to his employee.
In this case, all income is subject to mandatory personal income tax. And this fee the enterprise itself should pay the budget, but not the employee.
What could be the reasons
The list of reasons why you can quit of your own free will and not work for two weeks is quite limited in the legislation.
But at the same time, there are factors in the presence of which it is advisable for the employer to terminate the employment contract at the request of the employee as soon as possible.
This list includes the following:
- employee illness;
- the presence of a disability of any group;
- upon retirement or if the employee has already reached retirement age;
- there was a need to care for a seriously ill relative;
- admission to a higher educational institution;
- relocation of an employee or his spouse to another city;
- needs to take care of a disabled minor.
Most of the above reasons are not reflected in the Labor Code or the laws of the Russian Federation.
But if one of the above factors was indicated as an explanation for the need to dismiss without working off by an employee, then you should not insist on the opposite. Since in this case, the employee can go to court and, most likely, will win it.
For dismissal without working off, the employee himself must remember that he will need to provide documents at the place of work confirming the existence of difficult circumstances.
These may be references from medical institutions, certificates of a pensioner or a disabled person, etc. It must be remembered that forgery of documents is punishable by the legislation in force on the territory of the Russian Federation, the corresponding article from the criminal code.
Procedure
The procedure for dismissal of one's own free will is quite simple, it is implemented in the following order:
- the employee writes a statement with a request to terminate the employment contract;
- the personnel service is obliged to form an appropriate order of the type;
- the employee must be familiar with the text of the order in a mandatory manner against signature;
- on the day of dismissal or on the next day, it is transferred for the position on wages, and a work book is also issued.
If for some reason the employee does not have the opportunity to pick up the work sheet on his own, then the employer can send it by registered mail with a description of the attachment.
To do this, the retiring person himself must make an appropriate note in his application.
Even if the dismissal is carried out after the vacation, the procedure for this legally important action remains the same and does not change.
It is important to remember that if for some reason an employee is not able to write a letter of resignation in person and hand it over to the place of employment, as well as all the documents necessary for this, then you can always do it by mail.
To dismiss an employee, it is advisable to use the T-8 form for finishing personnel. It was approved by the Decree of the State Statistics Committee dated 05.01.04 No.
In this case, the order itself must necessarily contain a link to the article Labor Code on the basis of which the dismissal was initiated.
In this case, the Labor Code of the Russian Federation. It is also required to indicate the details of the employee himself, as well as the reason for the dismissal.
If for some reason it is not possible to familiarize the employee with the text of the order, then a corresponding entry is made on the document.
It is important to remember: upon dismissal without working off, the employer has the right to demand an explanation from his employee. Whereas under the standard dismissal procedure, with working off, the enterprise does not have such a right.
It is not uncommon for employees to take vacations in advance. In this case, it must be remembered that the employer has the right to withhold a certain amount.
But at the same time, its value cannot exceed 20% of wages. Moreover, in some cases, retention is not only impossible, but illegal. A complete list of such situations is indicated in the Labor Code of the Russian Federation.
But at the same time, it should be remembered that in order to deduct upon dismissal without working off, the consent of the employee himself is necessary.
In its absence, the employer simply cannot perform such actions. The way out for him may be to go to court.
But far from always such litigation is economically justified. Therefore, in some cases, employers simply “forget” about the employee’s debt. This is only possible if the amount is small.
How to write an application
The written application must meet certain criteria. At the same time, there is no strictly established form.
This document must contain the following information:
- surname, name and patronymic:
- leader;
- employee of the personnel department;
- the employee himself;
- employee's signature;
- date of dismissal and submission of the application itself.
In the text of the application, the request for dismissal should be formulated as briefly and accurately as possible with references to legislation that makes it possible to terminate the employment contract without working off. You should also indicate the very reason for the dismissal.
If for some reason the employee is at odds with the management, you should put a mark on the acceptance of this application in the personnel department, or simply send it by mail.
Since there are cases when such documents are simply sent to the trash can. A mark of acceptance or sending by mail makes such an action simply impossible, the employer will be required to accept a statement from his employee.
Dismissal of a disabled person
It is important to remember that the presence of a disability in itself is not yet a basis for dismissal without working off.
The procedure for terminating an employment contract with disabled people is similar to this procedure carried out with completely healthy people - according to Article No. 80 of the Labor Code of the Russian Federation.
The only case when the contract can be terminated without working off is when the employee provides documentary evidence that the work cannot be continued by him for any serious reason.
This may be a complication of the disease, due to which a disability is assigned or otherwise. In all other cases, an employee, even with a disability of group III or II, is obliged to work for 2 weeks - at the request of his employer.
In the absence of serious grounds, a disabled person may quit earlier than 14 days from the date of writing the application only in agreement with the authorities.
This moment is fixed at the legislative level. The situation is similar with dismissal of one's own free will without working off a part-time worker.
Due to relocation
According to the law, moving is one of the rather serious reasons on the basis of which an employee can write a letter of resignation without working off.
But at the same time, the employer is not obliged to provide his employee with the opportunity to quit before the expiration of the two-week period - this is his right.
There are only two alternatives:
- find a compromise with the authorities;
- sue.
At the same time, the trial in this case sometimes takes much longer than 2 weeks.
Also, such events are associated not only with a waste of time, but also money. That is why, if the employer refuses to fire his employee without working off, the easiest way is to postpone the move.
The exception is a change of residence for some serious reason - illness, death of close relatives, or something similar.
In this case, the employer should already avoid refusing to dismiss without working off. Since otherwise, the employee can file a lawsuit with a demand to compensate for moral and material damage.
Working off upon dismissal of one's own free will is a measure in most cases strictly mandatory.
But at the same time, there are many ways in which you can avoid it. It is only necessary to find the appropriate legislative and documentary justification for this action.
Video: How to quit on your own
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An application for dismissal of one's own free will is a written appeal from an employee to an employer with a request (and in fact a notification) to terminate the employment relationship.
So, you have decided to quit your job of your own free will and are already looking for correct pattern"black mark" for the disgusted chief. Well, we will help you with this.
An employee is not a slave, he has the right to terminate the contract with any employer, whether it be an individual entrepreneur or Gazprom. All the necessary grounds for this are listed, one of them is the employee's own desire. Having made such a decision, it is not necessary to look for a sample letter of resignation of one's own free will! There are no requirements on how to write, and there is no single example in the legislation, a citizen has the right to express his will in any form: write an appeal by hand or on a computer, present it to the office or send it by mail. The main thing is that the desire to quit was clearly expressed. If it is written clearly, then everything is correct.
We fill in the details
You can enter them correctly without preparation. They are the same as other documents presented to the employer:
- the header indicates the enterprise and the data of the head;
- in the second line write who this appeal is from - your name and position;
- further it is customary to write the name of the document: “Statement”;
- and now clearly and clearly express the intention. Usually they write like this: “I ask you to fire me of your own free will” (you can also add: “on the basis of Article 80 of the Labor Code of the Russian Federation”, if you want to emphasize your legal literacy);
- date and signature are required.
That's the whole correct sample of how to write a letter of resignation, for you as an example.
By the way, according to the order of Rostrud, you are not required to write about specific reasons for dismissal.
Sample letter of resignation: text
Has its own subtleties
From what point you want to end the relationship with the employer, it is not necessary to indicate. Anyway, the two-week period for your work will start from the day following the one when the accounting department received the appeal. But, for example, if the parties have reached an agreement on a shorter working time than established by law, then it is worth writing like this: “dismiss on the 24th”, and not “dismiss from the 24th”. Otherwise, there will be discrepancies about the last day labor activity(23 or 24).
When is it necessary to indicate the reasons for dismissal in the application? Are there such situations? Expert comments specifically for Sasha Bukashka's website:
Applications for dismissal are of different types: at their own request, by agreement of the parties and under the article.
Dismissal under the article, when you are not leaving, but “you are leaving” is the most negative option, a “wolf ticket”, after it it will be difficult to look for a job. We at Anti-Slavery always advise in such cases: you need to try to negotiate with the employer - rather than being fired under the article, it is better to write a statement of your own free will. Just to leave and not spoil his career in the future.
It makes no sense to indicate the reasons for dismissal in the application - within the framework of labor legislation, it makes no difference why you are leaving. If something does not suit you, for example, the work schedule or something else, you are free to leave. Voluntary dismissal will suffice.
When dismissing by agreement of the parties, the situation is the same - something did not suit you in your work, but something, perhaps the employer, you agreed to disperse by agreement of the parties. You break up, and the reasons are not important.
If it seems to you that your rights are being violated, or you want to change something in your work, first try to figure it out inside - perhaps the employer will meet you halfway and you will solve the problem without being fired. If you find yourself in a completely unpleasant working situation, for example, they deceive you, they don’t pay money - it makes no sense to write a statement on your own and indicate the motive: “they don’t pay wages". You can contact the labor inspectorate - and this problem will be solved already there.
How to work properly
Any employee has the right to stop working at his own request if he does not like the conditions, or for some other reason. But it should be remembered that the legislation for all categories establishes the obligation to notify the authorities about their intentions for half a month, because he will have to find a replacement for you. The countdown of these two weeks will begin the day after you submit your own wish in writing.
Let's take our application form as an example. If you submit it on February 17, then two weeks will begin to count from the 18th, and the dismissal will be issued from the 3rd.
How to do without two weeks
There are exceptions: if the reasons why a citizen quits are force majeure (army, prison), then these two weeks are out of the question. In addition, the term of this duty is increased for a person holding a managerial position - a month, and is reduced for an employee by probationary period- 3 days. .
You can agree with the director on a shorter period of working out or on its absence, the law gives such a right to the parties (part 2 of article 80 of the Labor Code of the Russian Federation). So for your own benefit, try to maintain a good relationship with your boss. In order to avoid problems, it is worth discussing with him in advance how to write a letter of resignation correctly and take into account all the circumstances important to the parties. The situations are different.
And there are such examples in the law when they will be required to terminate the contract on the day you specified:
- enrollment of an employee in an educational institution;
- retirement;
- violation by the employer of labor legislation (officially recorded labor inspectorate, a court or a labor dispute committee).
Changing jobs is a situation that almost everyone has to face in the process work activities. Regardless of the reasons for dismissal, knowledge of the basics of labor legislation regarding the termination labor relations with the employer of their own free will - an objective necessity, both parties do not always agree on such an outcome of the case. In case of disagreement, the dissatisfied side can use the slightest oversight of the opponent in their own interests. About, how to quit in the specific conditions of your life situation, our lawyer will tell you completely free of charge online (enter your question in the form located in the lower right corner of the window).
The general principles of termination of employment relations at will, how to properly quit a job without working off, how to quit a pensioner correctly, how to quit on vacation correctly, we will give further.
How to quit the right way: terms of prior notice to the employer
Employer Notification Period Before proceeding to the technical aspects of registering a dismissal, it is necessary to indicate the period of working off that an employee who has planned to leave work of his own free will should take into account. Labor law provides for a general two-week period, which must expire after the application is submitted by the employee.
Note that these 14 days begin their course from the day following the one on which the employer accepted the application (and registered it in a special journal). Therefore, it is important to ensure that the document is in in due course registered. The best option is when the secretary puts a mark on receipt and registration number on your copy of the application.
The law establishes cases when working off upon dismissal is not mandatory:
- Upon retirement (the application must contain the appropriate wording);
- Upon admission to an educational institution;
- By agreement with the employer;
- In other cases, when the continuation of work for objective reasons is impossible.
As you can see, the list of situations is open. Additional conditions that reduce the total period of working out established by law may be provided collective agreement and other LNLA organizations.
How to apply for a dismissal: write a statement
The employee must be aware that a warning about the intention to terminate the employment contract must be made in writing. When writing a letter of resignation, there are several important points to consider:
- In the header of the application, it is not necessary to indicate the position and full name of the head. The employer is a legal entity, and the head only performs legally significant actions on his behalf;
- The main text should contain the wording "dismiss at will" or "by agreement of the parties" - depending on the agreement reached with the head;
- The date of dismissal in the text of the application is indicated without the preposition "from". Example:
- “I ask you to fire me from April 18, 2018.” - not properly;
- "I ask you to fire me on April 18, 2018" - right.
- Date and signature - required details statements.
How to quit your job of your own free will: submit an application
As can be seen from the previous sections, the fact and date of receipt by the employer of the application is a determining factor in the successful resolution of the case. A copy of the document prepared in advance with a mark on receipt and registration will be a guarantee that the personally submitted application will not be lost and will not be left without consideration.
If you have doubts that the employer will not register the application, it can be submitted in ways that guarantee independent confirmation of the receipt of the document:
- Sending an application by registered by mail with a return notification (in this case, you will have a receipt on acceptance of the letter by the employer with the signature of an authorized person);
- Sending an application by telegram (your signature on the document in this case will be certified by the telecom operator).
How to quit your job: what you need to know about the working period
So, from the moment the employer accepts the application, the period of working off begins to flow. The mode of work during this period does not differ from the usual:
- During working off, the employee is obliged to attend work and fulfill his labor duties - otherwise, disciplinary measures may be applied to him, up to and including dismissal “under the article”;
- During this period, the employee is also subject to all the guarantees, benefits, etc. provided for by the legislation, the collective agreement and the LNLA of the organization;
- The employee may be on leave during this period. However, if the vacation period has expired, and the working period is still ongoing, the employee is obliged to proceed with the execution of his official duties and perform them conscientiously on the day of dismissal;
- If during working off a temporary disability occurs, the period of sick leave does not interrupt the period of its course;
- During the working period, the employee retains the right to change his mind and withdraw his application (this is done in writing in the same manner as filing a letter of resignation). An exception to this rule are cases when the person who is leaving is already invited to the place of the resigning person in the order of transfer from another organization new employee- the employer no longer has the right to refuse him by law.
How to quit on your own: what happens on the day of dismissal
On any day after filing a letter of resignation or on the very day of dismissal, the employer introduces the employee to the dismissal order. On the last business day:
- Final settlement with the employee;
- extradition work book with records of admission, all transfers within the company, incentives, dismissal (you should check the correctness of filling out the document - among other things, after the last record, the signature of the head and the seal of the organization must be present).
If the above actions on the day of dismissal were not followed by the employer, the employee has the right to:
- do not go to work the next day;
- demand compensation for the withholding of the work book;
- demand interest on payments not transferred on time.
With these requirements, you should apply to the district / city court at the place of registration of the employing organization.
In conclusion, whatever the reason for your dismissal, the best option is to reach a compromise with management on the form, date and conditions for termination of employment. Not only in terms of the length and complexity of a possible litigation, but also because of the close contact between employers in professional field parting with the employer is better in an amicable way.
About other problems labor law(for example, how to write an explanatory note, how to sue an employer) read the materials presented on the portal.