The procedure for dismissing an employee at his own request without working off. How to correctly write and submit to the employer a letter of resignation of one's own free will. Dismissed from work of one's own free will.

Content

According to Article 80 Labor Code, dismissal at will occurs at the initiative of the employee due to various reasons: a new offer, relocation or other circumstances. This procedure for terminating a contract is today considered one of the most conflict-free. The reason is that, unlike the case at the initiative of the employer due to absenteeism or layoff, no arguments, special procedure or payment of increased compensation are required. Although the dismissal procedure is simple, it still has its own rules.

Under what article are people fired at their own request?

In Article 80 of the Labor Code Russian Federation(Labor Code of the Russian Federation) entitled “Termination of an employment contract on the initiative of the employee (at his own request)” discusses in detail the procedure and rules of this procedure. They relate to the reasons, timing of the application and cases of termination of work before the expiration of the notice period. In addition, the article contains information regarding the withdrawal of an application.

The procedure for dismissal at will

Any employee, including a pregnant woman, according to paragraph 3 of Article 77 of the Labor Code of the Russian Federation “General grounds for termination of an employment contract,” has the right to resign on his own initiative due to various circumstances. To do this correctly, it is important to know the specifics and rules for terminating an employment contract. This way, conflicts with the employer and other problems that will delay the process for a long time will not arise.

Terms of dismissal

According to the general rule of Article 80 of the Labor Code of the Russian Federation, an employee must notify the employer in writing about dismissal by submitting an application addressed to him 2 weeks before the expected resignation. This period begins to count the next day after registration of the application. It is important that the application is registered, otherwise the work period may be delayed. Other rules for dismissing an employee at his own request:

• the two-week period can be canceled by written agreement between the employee and the employer;
• the law does not oblige the employee to be at work during these 2 weeks (you can go on vacation or sick leave);
• general rule two-week work has exceptions (for the probationary period - 3 days, and for a managerial position - 1 month).

The manager does not have the right to refuse an employee. If this happens, then the employee should know that this is a violation of the law by the employer. Then the application is drawn up in a standard form and sent by mail with acknowledgment of receipt. This way you will know that the employer has received the documents. After 2 weeks you can stop working in the organization. After this period, the employee must be given a work book and a paycheck. Otherwise, he has the right to contact the inspectorate that deals with such illegal situations and labor disputes.

Application for resignation

The first thing an employee must do is submit a resignation letter on his own initiative 2 weeks before leaving. The countdown for this period will begin the next day. The law does not define exact requirements, but it should indicate several important points:

1. Last name, first name, patronymic and position of the manager, name of the organization.
2. Last name, first name, patronymic of the applicant, i.e. the employee himself.
3. The text of the statement itself. Includes a request to dismiss from a position on a certain date (it is better to write, for example, “August 1, and not “from August 1”). If necessary, indicate the reason for termination of the contract.
4. At the end there is the date of submission of the application, signature and transcript.

Labor legislation allows you to withdraw your request. This is done in the same form as an application for dismissal at the initiative of the employee. The manager has the right to refuse:

• if the resigning employee’s place has already been replaced by another person who, by law, cannot be denied a job;
• if the employee went on vacation (he should have withdrawn the application before the start of the vacation).

Reasons for dismissal

According to the Labor Code of the Russian Federation, the following cases are considered valid reasons for preserving an employee’s length of service:

• reaching retirement age;
• the need to move;
• some diseases;
• beginning of studies at a higher or secondary specialized institution;
• caring for a sick family member;
• violation of the employment contract by the employer.

It is not necessary to indicate a reason unless it is the basis for any compensatory monetary payments or the cancellation of the period of compulsory service. In general, you should just write “I ask you to fire me of your own free will.” Additionally, you can indicate the reason - “in connection with retirement.” The formulations of other circumstances are drawn up in the same way.

Order of dismissal

If the application for resignation of one’s own free will does not have a clear sample, then the order on it is drawn up according to the T-8 form established by law. It is published in 2 copies, one of which remains in the accounting department for calculating material payments. An order for voluntary dismissal is issued with certain details, such as:

• code by All-Russian classifier management activities (OKUD) – 0301006;
• code according to the All-Russian Classifier of Enterprises and Organizations (OKPO) - it is different for each company;
• name of the organization;
• the text of the order itself;
• date of compilation.

Working period

The standard working period is 2 weeks. It starts the day after the application is submitted. But this period is not always maintained. You may not work for 2 weeks if:

• the employer does not see the need for this;
• the employee has valid reasons - enrollment in full-time studies, urgent relocation, becoming a pensioner);
• was violated by the employer employment contract;
• the employee is on sick leave.

Vacation before dismissal

An employee has the right to resign on his own initiative, even during or before vacation. The application in this case is written in the same form. More often it contains the phrase “I ask for leave with subsequent dismissal at your request.” In accordance with Article 127 of the Labor Code of the Russian Federation, the last working day is considered the last day of vacation. In this case, you do not need to work 2 weeks.

List of documents upon dismissal of one's own free will

The employee only needs to submit a letter of resignation. In response, he will be issued official documents from the following list:

• work book with an entry on the grounds for dismissal issued by the personnel department;
• certificate 2-NDFL, confirming the amount of income received and withheld personal income tax;
• certificate of payment of wages for the last 2 calendar years;
• information about payments and other remuneration, about insurance experience insured employee.

Rights upon dismissal at will

Each party has its own rights. This is an opportunity for the employee to withdraw the application at any time. The employment contract remains in force unless the employee is fired on the last day. The employer has the right to demand that he fully perform his duties up to the point of dismissal. If the manager violates the employment contract, the employee may not work for 2 weeks, but only if he could prove this in court.

Calculation upon dismissal at one's own request

It must be made on the day of dismissal, i.e. the last worker after 2 weeks of work. The final settlement includes payment of all amounts due to the employee. These include:

• wages;
• compensation for unused holidays;
• labor payments or collective agreement.

Dismissal on sick leave

An employee can submit an application even if the date of dismissal falls during a period of temporary incapacity for work. The employer has no right to change it. After the 2-week period, management makes a calculation and issues an order noting the employee’s absence. You can come for documents and amounts due at any time. The only condition for the dismissal procedure is that temporary disability benefits are assigned within 10 days after the sick leave is granted. It will be paid on the next payday.

On leave

All calculations and issuance work book in this case, they are made on the last working day before the vacation. The employee writes a letter of resignation of his own free will under the same conditions. In addition to wages, the employee must be given vacation pay. Compensated payment for unused vacation is already excluded. An employee can receive it if he refuses to be given rest.

After vacation

If an employee has already used vacation and decided to quit after it, then he will have to work 2 weeks for general principles after writing the application. Payments in this case are the same as when leaving work at any other time. They include wages and benefits under an employment or collective agreement. If the application was submitted before the vacation with a notice of dismissal after it, then the calculation is made on the last working day. Then they issue a work book. If the vacation was provided in advance, then the amount of overpaid vacation pay in the amount of 20% is withheld from the dismissed person.

After sick leave

If an employee cannot continue to work after the end of the period of incapacity, then in the application he refers to this reason and confirms it with documents. In this case, he can be fired on the same day with payment made and the issuance of a work book. The person receives compensation for unused vacation, salary and sick pay.

One day dismissal

If the employee is unable to continue working, the organization is obliged to terminate the contract with him within the period specified in the application. To do this, you need to provide supporting documents, for example, a certificate from a medical institution about illness, from an institute about admission, etc. Writing an application, drawing up an order and familiarizing yourself with it in case of early dismissal takes place in one day. Payment can be made no later than the next day, including salary and compensation payments for vacation.

How to resign of your own free will

It is important for an employee to know that he has the right to resign at his own request, and the employer cannot refuse to accept an application. It is important to do everything according to the instructions so that there are no disagreements. The procedure on how to resign correctly includes several stages:

1. Writing an application. An employee who decides to take such a step must submit an application to the director within a certain time frame, indicating, if necessary, the reason for his departure.
2. Issuance of an order. After registering the application (you must follow this, and it is better to make a copy for yourself), an order will be generated. It is compiled in standard unified form. The employee must familiarize himself with the order and put his signature on it.
3. Dismissal. The employer makes a corresponding entry in the work book, and the employee signs for it in his personal card. At the same stage, a full calculation is made based on Article 140 of the Labor Code of the Russian Federation.

How to fire an employee at your own request

The employer must sign a letter of resignation. Next, you need to fill out an order in the T-8 form, which you must familiarize the employee with. After this, the HR and accounting department clarifies information about the period worked in the current month, the provision of vacation, sick leave period and other information necessary for calculating compensation. On the day of dismissal, a labor certificate is issued indicating the reason for dismissal and the funds due are paid.

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The procedure for dismissal at the employee’s own request - reasons, sample application and calculation procedure

For voluntary dismissals you need to write a letter of resignation . Without such a document, termination of an employment contract on this basis is illegal. It would seem that nothing could be simpler - resign voluntarily…. However, in practice a lot of questions and problems arise. For example, an employee wrote application for voluntary resignation starting tomorrow and does not go to work, believing that he should be fired as he indicated in the application. Or the application has been submitted, 2 weeks have passed, but the employment contract has not been terminated, there is no work book in hand, and the employer reports: “We have not seen your application.”

How to resign of your own free will correctly? What are the deadlines for voluntary dismissal? What to do if your application is not accepted? Is it possible not to go to work after submitting an application? Is it possible to quit on one day at your own request without working?

So you've decided to quit. To do this you need to write an application. You can’t attach an oral statement to an order, so we write it!

Sample application for voluntary resignation.

At LLC "..."

From (position, full name)

I ask you to terminate the employment contract and dismiss me at your own request on November 6, 2013.

10/22/2013 signature

What to look for in an application?

It is not necessary to indicate the name and position of the person to whom you are submitting the application. The employer is not the director or head of the human resources department, but a legal or individual, if you work for an individual, and you have an agreement with this person.

You can’t write “fire from…….”. The preposition “C” is not written in the statement, since its presence creates a double understanding: you want to stop working from this date onwards or you want this day to be your last working day.

You are required to notify the employer of your dismissal at least 2 weeks (14 days), so the date of dismissal must be indicated by counting down 14 days starting from the day following the day of application . In our example, the countdown starts from 10/23/13 and the 14th day falls on 11/6/13.

Be sure to indicate the filing date and sign. If you wrote an application on one day and submitted it on another, then the 14-day countdown will begin from the day following the day the employer received the application.

How to apply?

I advise you to keep a second copy. applications for voluntary resignation with a mark of acceptance, because there were cases when the employer later stated that the employee did not submit the application or required delivery material assets, otherwise he won’t fire you. This way you will have confirmation that the application was submitted and confirmation of the employer’s obligation to terminate the contract.

If the employer does not accept the application or refuses to mark its receipt, then the application for dismissal can be sent by telegram. In this case, ask the operator to verify your signature.

51. A telegram of the form “certified by a telecom operator” is accepted if the sender wishes to certify a fact confirmed by a document and (or) certify his signature contained in the telegram.

On the telegram form of the form “certified by the telecom operator”, official notes are made - extracts from the sender’s identity documents.

All certification entries made by the telecom operator are included in the text of the certified telegram.

Decree of the Government of the Russian Federation of April 15, 2005 N 222 “On approval of the Rules for the provision of telegraph communication services”

You can apply the same way if you are on vacation or sick.

What are the deadlines for voluntary dismissal?

Your employment contract must be terminated upon expiration of the notice period for dismissal, i.e. after 14 days, or on the day specified in the application if you submitted the application earlier.

You cannot skip the entire notice period. You are subject to all guarantees provided for by the Labor Code, as well as other regulations containing your responsibility. During this period, you may also be fired for absenteeism, for repeated failure to fulfill job duties, if these facts come to light.

Also you you may be on vacation and submit your resignation. After filing, you can continue to rest until your vacation ends. However, if the vacation is over and the 14 days of warning have not yet expired, then you need to go to work and work until the end of the period.

If you are sick, the period of incapacity for work does not interrupt the course of the period. You can be on sick leave, and on the 14th day you must be fired. How are they required to issue a work book in this case?

After notice period for dismissal You don’t have to go to work. If the employer did not fire you on the last day of the term and did not make a payment, then you can then demand compensation for the delay in the work record and interest for the delay in salary.

Also, during the period of notice of dismissal, you have the right to withdraw your application if you change your mind about quitting. This must also be done in writing and the fact of submitting the application must be recorded. In this case, the employment contract cannot be terminated. However, if another employee is invited to take your place, then they must accept him and fire you.

However, remember that this employee must be invited in writing as a transfer from another employer, the contract with which was terminated no more than a month ago. Employees invited in writing by way of transfer from another employer within a month from the date of dismissal are prohibited from refusing to hire.

Is it possible to quit on one day at your own request without working?

There is no such concept as “working off” in the labor code. There is a notice of dismissal at least 2 weeks in advance.

It is possible to quit one day if the employer himself wants it. As stated in Art. 80 of the Labor Code of the Russian Federation, an employment contract can be terminated before the expiration of the notice period for dismissal only by agreement. Although this is inconvenient for the employer, since it is necessary to calculate wages, fill out and issue a work book.

There are cases when the employer is obliged to terminate the contract within the period specified in the application, even if 2 weeks have not passed from the date of warning: enrollment in educational institution, retirement, established violations employer labor legislation, local acts, terms of the employment contract.

What to do if your voluntary resignation letter is lost?

If you followed the advice given above and kept a copy for yourself with a note of acceptance, then you can claim dismissal as stated.

If you have nothing left in your hands, and the employer assures that nothing has been received and therefore demands fulfillment of duties, then you can demand dismissal within the period specified in the lost application or submit a new application. In the first case, if there is no evidence of filing, then it is better not to argue.

When voluntary dismissal is not carried out on time, and you do not insist on dismissal, that is, you continue to work, then the employer cannot terminate the employment contract after the date specified in the application, since the employment contract continues.

What should you do if you are forced to write a resignation letter along with your job application?

In this case, either do not write, but then you will be refused admission, or write, but write the entire text of the application by hand, and not type it on a computer. And write it with a ballpoint pen, not a gel pen. In this case, it will be easier to challenge the dismissal if necessary..

– the procedure is quite simple and quick if you follow certain rules. This is the most popular reason for leaving, even if there was another, objective reason for the person’s dismissal, since after this it will be easier to find a new job and explain to the new boss the reasons for leaving. It is important not to violate the procedure for dismissal and drawing up and submitting an application, so as not to encounter difficulties in the future.

No one is obliged to disclose the reason for their dismissal of their own free will.

We can talk about leaving a job of one's own free will when the initiative comes from the employee, and not from the boss. However, as you know, cases are quite common when someone is fired due to his fault, but is allowed to write a statement on his own so that he can freely get a new job.

If a person decides to leave on his own, voluntarily, he can write a statement at any time, and this does not require the consent of the manager or director. The dismissal procedure will be as follows:

• It is written. This is done in advance, usually two weeks before the actual departure.
• The application must be submitted to personnel service, where the dismissal order will be drawn up. This order officially states all the details and conditions under which the employment contract will be terminated.
• The employee must read this order and put his signature confirming this fact. If for some reason the employee is absent and cannot read the order, a corresponding note is made and the signature of the personnel department employee or manager is affixed.
• The person leaving must also receive a paycheck. All amounts due to him (salary, bonuses, etc.) can be received on the last day of work in this organization (this is the date that was indicated in the application as the date of dismissal).
• An appropriate entry is made about the day and reason for dismissal. This is also done by the personnel employee. The work permit is issued in person or sent by mail if it is impossible to pick it up in person.

It is worth remembering that such departure from work is the right of any person. The employer cannot limit or withhold it, or refuse to pay the employee. There is no need to indicate or even name the reason for your departure.

If an employee agrees to work the required 2 weeks, complies with all the rules of the dismissal procedure and submits a statement on time, he is not required to explain his resignation.

Application and deadlines for its submission

Dismissal at your own request: you can write by hand

Of course, it is advisable to notify your superiors of your desire to quit before you do so. During this time, all the nuances can be discussed, and the boss can find a new employee to replace the departing one.

After all issues have been resolved, you can write a statement. It is written extremely simply. All you need is one phrase: “Please fire me voluntarily” and a date that can be considered the day of dismissal. Of course, you need to indicate the name of the organization, the name of the director, signature and date of preparation. That's all it takes.

There is no need to indicate the reason for leaving, and no one has the right to demand this from the employee. However, if the employee does not wish to do so after writing the application, he must indicate the reasons for his refusal. In some cases, documentary evidence may be required to prove that it is necessary to resign immediately and without work.

As mentioned above, the application must be submitted two weeks before the actual departure or earlier. That is, if a person submits an application on March 3, he will be fired on March 17. This period may be shorter if both the employee and the management have agreed on this matter.

If a person quits during the probationary period, he notifies the boss 3 days before leaving. The head of the organization may resign with a month's notice, since it is more difficult to find an employee for this position. Working pensioners are not required to work; they can leave immediately after writing an application.

If the application was submitted in advance, and then the employee fell ill and went on sick leave, then the day of dismissal may fall on sick leave. This date does not change or be postponed unless the employee himself withdraws his application. Accordingly, wages are paid for all days worked and that part of the sick leave that fell before the date of actual dismissal.

If after this the employee continues to be sick, the organization is not obliged to pay him.
However, if an employee first quit and then fell ill within a month after leaving (provided that he did not get a new job), he can still count on a payment of 60% of average earnings.

If the dismissed person continues to be ill and cannot come to workplace after dismissal, a note is placed in the order that he cannot be familiar with the order. He can pick up the work permit and receive payment at any time. The due amounts must be paid to him on the same day or the next day after filing the relevant claim. This applies to salaries and compensation for.

Sick leave benefits are accrued in the same way as for working employees, that is, within 10 working days after submitting sick leave and are accrued on the day of the next payment.

Possible difficulties

Dismissal at your own request: entry into the labor record

Although such a procedure as voluntary dismissal is not often accompanied by difficulties, sometimes they do occur. More often they are associated with formalities, but even if all norms and rules are observed, difficulties can arise due to disagreement between the employee and management. Common difficult situations:

• The quitter forgot to indicate the date of dismissal and indicated only the date of filing the resignation. This should be avoided, since management in this case may determine the date on their own, which the employee will not agree with. If the application has already been submitted, you can attach another document to it, in which you can indicate the date of dismissal.
• The last day of work falls on . If the last working day is a non-working day, you can postpone the dismissal date to the next working day. For example, the application was submitted on February 23, 2016, and the dismissal date falls on March 7, a non-working day. In this case, the date of dismissal can be considered March 9.
  The phrases in the statement are blurred. Typically, a sample application can be found from a human resources employee.

You should clearly state your desire to leave your job with phrases like “please fire me”, “please terminate”, etc. You should not write “I ask to be relieved of my powers”, “I ask to be considered free” and so on. These phrases are vague. Moreover, this is risky specifically for the bosses, because then the employee can claim that he meant something else, a vacation or another position.

The employee wishes to withdraw his application. It is believed that it is possible to withdraw an application for the entire period before the day of dismissal if you write a corresponding petition. However, there are some nuances here:

• It will not be possible to withdraw the application if during this time the management has already found a new person for this position and formalized it.
• No signature. The application contains a small number of details; remembering them is not so difficult. Signature is one of mandatory items. Moreover, it is advisable to put not only a signature and its transcript by hand, so that later no one can say that the signature was forged.

If you have decided to change your job, it is important to comply with all formalities. One of them is mandatory service. Let's take a closer look at when the employer's demands are legitimate, and when they can be avoided and you can quit without working off.

Is it mandatory to work 2 weeks upon dismissal?

According to the Labor Code of the Russian Federation, an employee is obliged to notify management of his resignation 2 weeks before dismissal. During this time, the employer will be able to find a worthy candidate, and the worker will be able to transfer all matters in full. “Working off” assumes that the employee must notify of his resignation, pick up documents and receive all payments. Sometimes an employee is unable to work the required period of time. For example, if he wrote a statement and then went on sick leave for more than two weeks. The employer has no right to make any demands.

The work period is not always two weeks; you can notify the employer 3 days in advance if:

• The probationary period has not ended, the employee has decided to quit, or the employer is not satisfied with the professional qualities and skills of the candidate. The condition is met if the employment contract is concluded for a period of up to three months.
• We are talking about seasonal work. The employee must notify the administration three days in advance; if the initiative comes from the company, then the notification must be given to the employee seven days in advance.
• The employment contract is concluded for a period not exceeding two months. Usually in such cases we are talking about liquidation or closure of the individual entrepreneur.

Persons holding management positions (chief accountant, manager) and sports trainers (if the contract is concluded for more than 4 months) are required to give one month’s notice of their resignation.

Based on the reasons for dismissal, the employment contract may be terminated on the day of application. This rule applies to cases where an employee leaves of his own free will.

How to quickly quit without work, without a good reason

An employee is not required to work if management has violated the requirements of the Labor Code. Non-payment or delay of wages is not such. In such a situation, it is worth writing a complaint to the trade union or labor commission. The competent authority conducts an inspection based on the results of which a decision is made. If a violation is detected, the employer will pay a fine.

The best option is if the subordinate and the employer agree on dismissal by agreement of the parties. The Labor Code does not stipulate mandatory work-out or immediate termination of cooperation in such situations. The parties independently agree on the terms of the breakup labor relations. Even if you do not have a good relationship with management, you should not refuse this method severance of labor relations. As practice shows, not every director will want to tolerate an unpleasant person on his staff.

Management often makes a big mistake if an employee quits by agreement of the parties. They require a letter of resignation. This document is not needed, since the initiative can come from management. Employers are also trying to change the conditions of dismissal: they force them to submit a report, complete a series of assignments, or work for several days. These actions are also illegal.

Dismissal without working off according to the Labor Code - a list of cases when working off is not necessary

In Art. 81 of the Labor Code lists all exceptions to the general rule.

An employee may not work the required period if:

• enrolled in a university or educational institution for a full-time bachelor's or master's degree;
• retires;
• violated the Labor Code, local acts on labor and collective agreement;
• he or his spouse moves to another city/country for work;
• changes place of residence for medical reasons;
• cares for a family member, child, or disabled person.

Pregnant women and mothers with a disabled child under 14 years of age are also excluded. In this case, a copy of the birth certificate, medical certificate or any other document confirming the child’s status is attached to the application.

If we are talking about caring for a disabled family member, then the following can be attached as supporting documents:

• a certificate from the Housing Office about relatives living with you;
• copies of passports with the same registration;
• a copy of the medical report, and state in the application that the person needs your care.

The resignation letter should be certified in the office, and the document itself should be sent by mail with notification. If the response is an unreasonable refusal, you will have to go to court.

Resign of your own free will

The best way to quit your job without working is to use your accrued vacation days. Every officially employed citizen has the right to a certain number of days of paid leave. Minimum - two weeks, maximum - 56 days.

The employee writes a statement in which he indicates that he will resign immediately after his vacation. Since an application for leave must be written at least a month in advance, the requirements of the Labor Code are met. The advantage of this option is that the last day of work is considered the day of vacation for which the person receives money. During this time, you can look for a new place.

If the vacation has not yet been used, but it is due, then the employee is paid compensation. This rule applies even to minors and pregnant women. If an employee has not rested for two years in a row, then he can take advantage of legal leave, and for the second one receive cash. You won't be able to take two vacations.

If a person falls ill during the rest period, then, if there is a sick leave certificate, the vacation can be postponed or extended for a few more days.

The following have the right to take unpaid leave without giving reasons before dismissal:

• WWII veterans;
• working pensioners;
• disabled people;
• military family members.

Dismissal at the initiative of management

It often happens that staff are fired due to staff reductions. According to Art. 81 of the Labor Code, the employer must notify about this two months in advance and pay compensation. Some managers try to avoid this responsibility and force their subordinates to write statements on their own account. This is illegal and such dismissal can be challenged in court. Otherwise, the person is deprived of the right to receive double monetary compensation.

What documents will need to be presented?

The employee must write an application addressed to the employer.

It should contain the following information:

• position and full name of the manager;
• position and full name of the authorized person;
• the name of the employer, structural unit, if we are talking about a large enterprise.

If management accommodates a subordinate who does not have a valid reason for dismissal, then the latter needs to indicate in the application the wording “I ask you to dismiss me without working for 2 weeks...”. You should also list documents confirming the immediate dismissal. After the text, the date of the application, signature and initials must be indicated.

How to quit your job without working time - step-by-step instructions

If an employee does not have a good relationship with management or there is no good reason, it is quite difficult to quit without working, but it is possible. Let's take a closer look at the algorithm of actions.

Make a decision to leave

The first thing you need to do is make a firm decision to change your job. It is best to choose a new springboard for activity in advance than to go nowhere.

Write a letter of resignation

Write a statement according to the sample with the obligatory indication of the conditions for leaving without work. The document is drawn up in two copies. The first is transferred to the employer, and the second is certified in the office. It remains with the employee even in the event of an emergency. controversial situations will serve as evidence of compliance with the law.

Wait for management's decision

During work for any reason, the employee is obliged to properly perform all his duties. If an employee does not show up to work for an unexcused reason, he may be fired under the article.

Receive payments, vacation pay

On the last day, you must pay the employee: pay your salary and vacation pay, if any. If the employer for some reason delays the payment of funds, then for all days of delay he must pay the average daily salary. If the employee took vacation, then the last working day is considered the last day of vacation. On this day he should receive full payment.

In case of violation of the deadlines for receiving the calculation, the employee may request a payslip taking into account the accrued penalty. The latter is calculated using the following formula:

Penalty = (0.003 * Central Bank refinancing rate) * (Salary + Vacation pay)

This amount is charged for each day of delay.

If during the work period a worthy candidate for the position is not found, the employee may cancel his application. Management has no right to interfere with him, since he has fulfilled all legal requirements.

Pick up all the documents, labor documents, hand in the special. shape, etc.

On the last day or several days before dismissal, the employee is given a bypass sheet. This is not mandatory document, but it is often used in large enterprises. An employee could interact with several departments. Therefore, the employer must be sure that the employee does not have any “debts” to the company. “Debt” means not only financial debt (for example, unused funds for reporting), but also other small business enterprises. This may be a work uniform that has not been returned, books from the library, a pass, etc.

With a bypass sheet, employers are trying to “scare” the employee that he will not receive his payment. But these actions are not legal. Moreover, the employee’s obligation to complete the bypass sheet must be specified in the employment contract. Otherwise, its use is also not legal.

A serious violation is refusal to hand over a work book. If such a situation occurs, then the employee must be compensated for damages for each day of retention, since the absence of a work book does not allow a person to get a job.

The date of dismissal in the document must correspond to the day the book was issued. If the document was not delivered on time, then you need to write an application for compensation and change the date of departure. If the employer refuses to comply with these conditions, then you can immediately go to court. The main thing is that no more than a month has passed since the dismissal. Otherwise statement of claim will be accepted only if there are good reasons for such a long delay, and management’s chances of winning in court will increase significantly. The employer is not responsible for violating the deadlines for receiving the book if the employee did not come for it himself, ignored management’s notification, or agreed to send the document by mail.

What to do if your boss won’t let you leave work without working for two weeks

If there are good reasons for dismissal without service, the employer does not have the right to deny this right to the employee. In practice, such situations occur frequently. In this case, it is better to contact the trade union or Labor commission. If an employee still wants to come to a peaceful solution, he can offer a replacement in his place. If the employer is satisfied with this option, the employment contract can be terminated on the day the application is signed. If it is not possible to reach a consensus, we will have to move to higher authorities.

For example, to the labor inspectorate. This government agency accepts applications, both in person and by mail, at electronic form. You need to “snitch” to the inspectorate of the region in which the company is registered.

As a last resort, you should write a statement to the court. The proceedings may last several months. When it comes to self-defense labor rights, then these measures will be justified. After a decision is made in favor of the plaintiff, the employer is obliged to reinstate him in his position. former employee, calculate and pay him compensation for downtime.

An application for voluntary dismissal is a written request from an employee to the employer with a request (and in fact a notification) to terminate the employment relationship.

So, you have decided to quit of your own free will and are now looking for the right example of a “black mark” for your disgusted boss. Well, we will help you with this.

An employee is not a slave; he has the right to terminate the contract with any employer, be it an individual entrepreneur or Gazprom. All the reasons necessary for this are listed, one of them is the employee’s own desire. Having made such a decision, there is no need to look for a sample letter of resignation at your own request! 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 is clearly expressed. If it is written clearly, then everything is correct.

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 company and the manager’s details;
• in the second line write who this request is from - your name and position;
• then it is customary to write the title of the document: “Application”;
• and now we clearly and clearly express our intention. Usually they write like this: “I ask you to dismiss me at your own request” (you can also add: “based on Article 80 of the Labor Code of the Russian Federation” if you want to emphasize your legal literacy);
• date and signature required.

Here is the entire correct example of how to write a resignation letter, for your example.

By the way, according to the order of Rostrud, you are not required to write about specific reasons for dismissal.

Sample resignation letter: text

There are some subtleties

It is not necessary to indicate at what point you wish to terminate your relationship with your employer. All the same, the two-week period for your work will start from the day following the day when the accounting department received the appeal. But, for example, if the parties have reached an agreement on a shorter period of work than is established by law, then it is worth writing this: “dismiss on the 24th,” and not “dismiss on the 24th.” Otherwise, there will be discrepancies regarding 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 Sashka Bukashka’s website:

There are different types of applications for dismissal: at one’s own request, by agreement of the parties and according to the article.

Dismissal under an article, when it is not you who is leaving, but “they are leaving you” - the most negative option, a “wolf ticket”, after which it will be difficult to look for work. We at Antislavery 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 my career in the future.

There is no point in indicating the reasons for dismissal in the application - within the framework of labor legislation, it makes no difference why you are leaving. If you are not satisfied with something, for example, the work schedule or something else, you are free to leave. Resignation at your own request will be sufficient.

When dismissing by agreement of the parties, the same situation occurs - something in your work did not suit you, and something, perhaps the employer, you agreed to part ways by agreement of the parties. You break up and the reasons don't matter.

If it seems to you that your rights are being violated, or you want to change something at work, first try to figure it out internally - perhaps the employer will meet you halfway and you will solve the problem without dismissal. If you find yourself in a completely unpleasant work situation, for example, they are deceiving you, they don’t pay you money, there is no point in writing a statement on your own and indicating the reason: “they don’t pay wages" You can contact the labor inspectorate - and this problem will be solved there.

How to work it out correctly

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 your superiors of your intentions half a month in advance, because he will have to find a replacement for you. The countdown of these two weeks will begin the day after you present your own desire in writing.

Let's take our sample application as an example. If you submit it on February 17, then two weeks will begin to count from the 18th, and your dismissal will be formalized from the 3rd.

How to do without two weeks

There are exceptions: if the reasons for which a citizen resigns are force majeure (army, prison), then these two weeks are out of the question. In addition, the period of this duty is increased for a person holding a leadership position - a month, and reduced for an employee by probationary period- 3 days. .

You can agree with the director on a shorter period of service 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 manager. In order to avoid problems, it is worth discussing with him in advance how to correctly write a letter of resignation and take into account all the circumstances important to the parties. Situations vary.

And there are also examples in the law when they will be required to terminate the contract on the day specified by you:

• enrollment of an employee in an educational institution;
• retirement;
• violation by the employer of labor legislation (officially recorded labor inspectorate, court or labor dispute commission).