Without any unpleasant oversights: how to properly submit an application for voluntary resignation and to whom to give it?

Dismissal from a job is a large and complex legal procedure. In order for it to be successful for the employee and the employer, you need to follow all the rules for formalizing this process, which are outlined in the legislation of the Russian Federation in the Labor and Civil Codes.

The most common and most acceptable for both parties is voluntary dismissal. This method preserves quite a lot of rights for the employee and does not spoil his work record. Leaving work on your own initiative has a number of features in going through the entire dismissal procedure.

Dismissal at your own request

How to resign correctly and complete the procedure correctly? Article 80 of the Labor Code of the Russian Federation is devoted specifically to the procedure for terminating a previously concluded employment contract with an employing organization at the initiative of an employee. The main provisions of this law are as follows.

1. Each employee has the right to terminate the contract with the employer on his own initiative by notifying the management of the enterprise in writing.
2. The resignation letter is submitted to the head of the unit for review two weeks before the termination date of the contract. Within 14 days, the employee is obliged to perform his duties as usual (according to the job description) and go to work every day.
3. By agreement between the employee and the head of the enterprise, the notice period for dismissal can be reduced, i.e. you can work for more than 14 days, the number depends on agreement.
4. Dismissal of an employee on the day the application is submitted can be made if it is impossible to continue working (illness, admission to an educational institution, violation by the employer of the Labor Code of the Russian Federation or other regulations, retirement age, disability, urgent relocation and other circumstances specified in the application).
5. After submitting the application, the previously concluded employment contract must be terminated on the 14th day. During this time, the employee has the right to pick it up, in which case the agreement continues to be valid. But if a corresponding order is issued, and another employee is invited to this position, then there are no grounds for refusing to hire a new employee.
6. After the expiration of the statutory notice period (2 weeks), the employee has the right not to attend the workplace, even if the employer has not terminated the contract.
7. On the last working day, the company is obliged to pay the employee the salary and all due compensation, and reflect the dismissal in the work book, which is issued on the same day.
8. If the period allotted by law for notice of dismissal has expired, and the employee continues to go to work, and the employer has not issued an appropriate order, then the application may be considered cancelled.

Do I need to work for two weeks?

The terms for terminating an employment contract at will are set out in the Labor Code of the Russian Federation. Thus, according to the law, an employee is obliged to notify the employer two weeks in advance of his intention to resign on his own initiative, so that the organization has time to select an applicant to replace the quitter.

All this is aimed at normalizing the work process and stability of activities in the organization. Therefore, in most cases, a person must work a day of the week before the order to dismiss him takes effect.

There are exceptions to the notice period for leaving. Thus, one month is given to terminate the employment relationship with the head of the enterprise (he is obliged to find a worthy candidate for his post during this time). And when an employee leaves during the probationary period, he is allowed to give notice of his intention to resign in just 3 days.

Without completing the established period, immediate dismissal may be made for objective reasons.

You can resign without service if the following circumstances exist:

• urgent call;
• going on maternity leave;
• urgent relocation due to the transfer of an employee or his spouse to another region or country;
• retirement;
• full-time enrollment in an educational institution (higher or specialized secondary education).

To prove the urgency of dismissal without working the required two weeks, supporting documents must be attached to the application.

The documents can be anything (there is no clear list), but they must convey information about the employee’s current life circumstances as accurately as possible. Pregnant women can attach to their resignation letter a certificate from the antenatal clinic, conscripts - a summons, students - an order for full-time enrollment.

How to write a letter of resignation of your own free will?

The document is drawn up in writing by hand on A4 sheet or letterhead, if its use is provided for by the local regulations of the organization.

The structure of the application can either be completely recreated in handwritten form, or only the necessary information about the employee and the process of his dismissal is entered into the finished printed form.

Writing rules:

1. In the upper right corner, in the genitive case, the head of the enterprise is indicated (indicating the status of the organization he manages) and the employee with the position.
2. Below, in the center, with a capital letter, should be the word “Statement.”
3. The main part of the document begins below. The employee must write in the first person “I ask you to fire me at your own request” and indicate the date.
4. If the dismissal must be carried out urgently (without working for two weeks), then the application must be accompanied by documents confirming the employee’s inability to remain for the period established by law.
5. At the bottom, as a conclusion, the personal signature of the employee with a transcript is given. The immediate superior can assign an o, but such a requirement is not unified. Most often, the signature of the employee and the chief manager of the enterprise is sufficient.

HR department employees, having received the application, must begin preparing an order to terminate the employment contract.

How to write a letter of resignation in connection with retirement?

Sample letter of resignation on one's own initiative.

Is it possible to withdraw?

Until two weeks have passed and the employer has not signed the dismissal order, the employee has the right to withdraw his application without any consequences.

If an employee was fired illegally or with problems (for example, he was not paid wages or social benefits), he can challenge the fact of dismissal in court.

It is noteworthy that the employee has the right to change his mind, but the employer does not. He cannot refuse to sign the employee’s application or deliberately postpone the date of signing the order.

If the employer is very interested in retaining staff and does not want to lose an employee, he can always talk to him and ask him to stay, but before the two-week deadline has passed from submitting the application. If the employee changes his mind about leaving, the dismissal order is not drawn up, and the application is returned to the employee or this document is destroyed in accordance with established standards.

To withdraw a previously submitted resignation letter, it is better to write a review.

Sample revocation of resignation letter:

Dismissal scheme and employee rights

It is your inherent right that termination of the employment relationship does not require the approval of the employer. However, certain rules still exist. An employee must notify management of his resignation at least two weeks in advance.

For those on probation or seasonal work - three days in advance, for managers - a month in advance. This means that you may be required by law to carry out your duties during this time after you have submitted your resignation. You can leave your job immediately if your employer is okay with it. In addition, you can go on a planned vacation or take sick leave during this time.

Procedure

The Labor Code reduces dismissal from work to three main points.

1. Submitting a letter of resignation.
2. Completion of the warning period (at least 14 days from the date of application).
3. Receipt of payment and work book by the employee (agreed with management, but no later than the last working day).

In real conditions, various scenarios are possible, which are based on the disagreement of the parties with any point. Employers often try to delay the work period if the employee is valuable to the company: they do not sign the application or say that they did not read it in a timely manner. Sometimes unpleasant situations arise with delays in settlement and receipt of necessary documents.

This is also important to know:
How to quit without working at your own request in 2020

On the part of the employee, the most common violation is failure to fulfill job duties and absence (without a good reason) from the workplace after filing an application, which is regarded by the employer as absenteeism.

From the point of view of the Labor Code, this may entail dismissal under another article or sanctions (including fines) prescribed in the internal documents of the enterprise. In any case, all disagreements can be resolved through negotiations, which is what lawyers advise. If this is not possible, then each party can appeal to the courts.

To avoid conflict situations, the employee and the employer must strictly follow the laws and not allow the opposite party to violate them. First of all, we write the resignation letter correctly. As judicial practice shows, a large number of mistakes are made by the employee himself.

No preposition needed

Another important point to pay attention to is related to the date of termination of the employment relationship. According to Art. 84.1 of the Labor Code of the Russian Federation, the day of dismissal is the employee’s last working day. Accordingly, it is this day that the employee must indicate in his application as the date of dismissal.

And this must be done clearly to avoid possible misunderstandings. That is why it is customary to indicate the date of dismissal in the application without any pretext: “I ask you to dismiss me on November 17, 2016,” or even better: “Please consider November 17, 2021 as your last working day.” But if the application says “I ask you to fire me as of November 17, 2021,” then it is no longer clear whether the employee plans to go to work on November 17 or not.

If an “incorrect” application is received, we already know the algorithm of action: an oral request to rewrite it, and if that doesn’t help, then a memo and an order from the manager.

Sample letter of resignation at own request

In what cases should you wait to quit?

If the decision has already been made, then you should not postpone it for a long time, but in some circumstances it would be wiser to delay leaving a little:

• If you haven't managed to find a new job yet. A future employer will certainly ask what caused the break in your career. The shorter it is, the better for your reputation.
• If you studied at the expense of the organization. In case of early payment, penalties in the amount of tuition fees may apply.
• If the company plans to downsize. Dismissal due to reduction is more profitable, since it provides for the payment of severance pay.

What documents need to be prepared upon dismissal?

From the very beginning, you will need to write a letter of resignation. This statement can be submitted to the HR department, but if you doubt that it will be signed immediately, it is better to notify the boss in person. Even if the paper is submitted through the personnel department or through the secretary, you should make sure that this fact is recorded accordingly.

• To record the fact of filing an application, you make two copies and leave one with the secretary or the HR inspector. On the second copy you are given a receipt stamp with a signature and number, and it remains with you.
• The number on paper is the date the boss was notified of the decision to quit.
• Two weeks after registering your application, your boss must sign an order for your dismissal. With this order, you must go to the personnel department, where you will be given a work book and all other documents. These documents are issued in person along with a memo. At the same time, you will be given an invoice.
• You still have to read the paper that will notify you of the termination of the employment contract with the employer.

The application at your own request must be in writing, it is submitted to the personnel department or the boss directly. According to the law, after submitting an application, no one has the right to detain you for more than two weeks.

Sometimes the question arises of how to quickly quit a job, especially if it is related to the educational process or other circumstances. In this case, in order not to work two weeks while submitting the application, copies of documents confirming these circumstances should be provided to the HR department.

conclusions

An application for voluntary resignation is drawn up by an employee if he wishes to terminate his employment relationship with the employer on his own initiative. However, the employee is not required to explain the reasons for such a decision.

A person must notify the employer in writing 2 weeks in advance of the decision made and work out this period. In exceptional cases that need to be documented, dismissal may take place without working off.

The employee has the right to change his mind during these 2 weeks and withdraw the application, then an order to terminate the contract will not be created.

How to resign of your own free will if:

✔ You are on vacation.

The Labor Code of the Russian Federation stipulates that every employee must be granted vacation every year. At the same time, an employee on vacation cannot be dismissed except at his own request. Consequently, an employee has the right to resign not only during work, but also during the vacation period.

This is also important to know:
How to correct an invalid entry in a work record: a sample of making changes

You can do this in two ways:

• Apply for leave with subsequent dismissal. In this case, work will not be required: the vacation time will be counted towards the notice period for dismissal.
• Having already gone on vacation, submit your resignation letter. In this case, however, you should make sure that the application is sent at least two weeks before the end of the vacation - otherwise the head of the enterprise has the right to involve the resigning person in work for the missing days of up to two weeks.

At the end of the vacation, the employee who submitted such an application no longer goes to work, but receives a work book, reads the order of his dismissal against signature and receives a full payment.

✔ I am a pensioner.

Labor legislation does not require that a retired employee must resign from the moment his pension is assigned. However, retirement is one of the good reasons why an employee has the right to resign on the day he sets, without observing the two-week work period.

Free legal consultation

We will answer your question in 5 minutes!

Free legal consultation We will answer your question in 5 minutes!

Ask a Question

Ask a Question

Strictly speaking, there is some ambiguity in the norms of the Labor Code of the Russian Federation. In practice, it is usually believed that a working pensioner has the right to exercise the right to dismissal without service only once, and if he gets a job again in the future, he is obliged to follow the same rules when dismissing at his own request as all other employees, that is, to warn employer at least two weeks in advance. However, a literal interpretation of the law formally allows a retired employee to exercise the right to dismissal without service in the future. No single solution has been found yet.

✔ I work part-time.

According to the law, an employee has the right to carry out part-time work in his free time from his main job. The same rules apply to a part-time employee as to an employee in his main job, so the procedure for his dismissal will be exactly the same as in all other cases.

The only thing you should pay attention to is that the entry in the work book is made only at the main place of work. Accordingly, a part-time worker does not need to monitor the accuracy of the dismissal record and wait for the issuance of a work book.

✔ I'm on maternity leave.

Strictly speaking, current legislation does not contain the concept of “maternity leave”. This term in practice refers to two completely different types of vacation:

• Maternity leave provided only to women expecting a child.
• Leave to care for a child up to the age of three, provided to both mothers and other relatives.

What these two holidays have in common is that during their period the employee cannot be dismissed except at his own request. In all other respects, the dismissal procedure is absolutely the same as for other categories of workers - including regarding working off. Of course, in reality no one will call a woman back from vacation, but the application should still be submitted at least two weeks before the date of dismissal. However, in practice, managers are usually willing to fire an already absent employee immediately.

✔ If I am a director (manager).

Like other categories of employees, the head of an enterprise has the right to resign. However, there are several special rules regarding it:

• The notice period for dismissal will not be two weeks, but not less than a month.
• The application is submitted to the owner of the organization's property. Depending on the organizational and legal form, this may be a state or municipal authority (for unitary enterprises), a meeting of participants or shareholders (for LLC, OJSC or CJSC), or an individual entrepreneur.
• If the manager works in a company (joint-stock or limited liability), the decision to dismiss him is made by the general meeting of participants or shareholders. To do this, the resigning director must first convene it in accordance with the rules of civil law.
• If the owner (or meeting of owners) does not make a decision to dismiss the manager within a month, he has the right to stop working. In this case, a unique situation arises: in fact, the director will fire himself, signing the order for his dismissal and putting a mark on familiarizing himself with it.
• As a rule, the head of the enterprise keeps the statutory documents of the organization. In case of dismissal, he is obliged to transfer them to his successor. In the same case, if the owner of the organization did not bother to appoint a new director, the person resigning can act in different ways:
• Store documents yourself.
• Transfer them to a notary for safekeeping on behalf of the organization.
• Unfortunately, a manager who resigns without the consent of the owner will not be able to make changes to the Unified State Register of Legal Entities, and until a new director is appointed, he will be listed in the Unified Register as the head of the organization.

Tips on the Labor Code of the Russian Federation in 2021 (clause 3, part 1, article 77) - how to resign correctly

Termination of the contract and any similar options for changing the main place of work begin, first of all, with psycho-emotional fatigue. Such a concept as professional burnout is not alien only to executive and responsible working people. But when the time comes to start with a clean slate, it’s worth the risk of changing jobs and you don’t have to regret or be sad about anything. The best is yet to come. The most important thing is to leave correctly and competently.

How to resign correctly

If THAT time has come, then it’s worth knowing how to take the first step.

So, in the Labor Code of the Russian Federation, the well-known Article 77 regulates the conditions under which the employment contract is terminated.

The third paragraph of Article 77 of this document, listing possible conditions and reasons for dismissal, and establishing one of them as the employee’s desire to quit, mentions Article 80 of Russian legislation. The rules are discussed in detail here.

What is prescribed in Article 77 of the Labor Code of the Russian Federation

Let's consider the conditions that are prescribed in Article 77 and choose the appropriate option for use in a particular situation.

So, welcome, conditions:

• you can terminate your employment by mutual agreement with your employer;
• if a contract or employment agreement was concluded and its validity period has expired. But there is one “BUT” in this paragraph - if you actually continue to work, and everyone is happy with everything, the employment contract does not terminate;
• the employee’s desire to terminate the employment relationship; This point is described in detail by Article 80 of the Labor Code of the Russian Federation.
• the employer's initiative is also a reason for leaving;
• agreed to be transferred to another employer;
• decided to nominate a candidate for election;
• do not agree to continue the employment relationship when the employer changes its location or transforms or changes the type of institution;
• the employer decides to change the terms of the contract and receives disagreement from the subordinate to continue working in the organization;
• the employee’s health condition requires different working conditions for medical reasons and an appropriate conclusion, and the employer cannot provide such conditions;
• non-consent of the employee to be transferred to another location, following the employer;
• if nothing depends on anyone, that’s how circumstances have developed;
• any employment contract defines the rules of conduct and performance of job duties, violation of which entails the possibility of losing the employment relationship, that is, violation threatens with dismissal.

Therefore, paragraph 3 of Article 77 of the Code of the Russian Federation provides one of the many permissible reasons for interrupting labor obligations - this is dismissal from the place of work at the request of the working person.

Dismissal at your own request

In Russia there is no forced or forced labor, unless a person is imprisoned in a colony for certain of his actions. An employee's desire to terminate employment obligations is a common occurrence.

It is advantageous for the employer to fire at his own request:

• No compensation is paid (if there is a threat of layoffs in the company);
• This is the easiest way.

It is important to complete the application correctly:

• We determine the date of departure;
• It must be written approximately fourteen days before the date of departure.

This is the time to complete all sorts of undertakings, finish the things you started, correct problematic things, and finish up what you didn’t have time to do. So as not to be reproached after finishing your career in this organization.

Exceptions

Any legislative act has its own exceptional cases:

1. If a person held a management position, then the application is written a month before the date when the administrative employee will leave the workplace;
2. When leaving for a well-deserved rest for many years of work;
3. Upon admission to an educational institution for study;

If, while holding a position or fulfilling certain obligations in the company, the employee violated the terms of the employment agreement between the hirer and the employer.

• Sliding work schedule according to the Labor Code of the Russian Federation
• How to write a correct resignation letter
• Employee rights in 2021

How to fill out an application correctly

In the header of the application we write the position, the name of the company, the last name, first name, patronymic of the boss, indicate who the application is from, go down below and in the middle of the sheet the word “application”, put a period. We write the main part of the request for resignation. We sign. Date of.

The application, in the listed cases, is endorsed by the employer and the dismissal period will be the date indicated in the application.

When passing labor tests, at our own request, we write no later than three days before leaving.

It is possible to reach a consensus between the participants in the dismissal process - the person leaving and the boss - to leave the place of work, avoiding working those same two weeks.

In accordance with paragraph 3 of Article 77 of the Code of the Russian Federation for the entire working population of the country and Article 80 of the same legislation, a hired worker will be able to receive a payment without giving him the opportunity to work for two weeks. This is done by the manager at his own discretion and “working off” does not carry with it an indispensable condition.

Is it possible to withdraw an application?

To withdraw a statement is a unique opportunity for an employee who is leaving the company, written in his own hand, but only before the expiration of the period specified in the resignation letter. BUT if a new person has not yet been found for the vacant position.

Last day of work: what do you need to know?

On the last day of work, a work book must be issued, drawn up in accordance with current legislation:

• contains a record of the conclusion of an agreement with the number of the order or order and its date;
• a record of dismissal with the number of the regulatory document and its date and the correct article under which the contract was actually terminated is stated.

Documents required for issuance after termination of employment, 2-NDFL certificates for two years of work and everything related to the departure of an employee from the organization.

We count the remainder of our honestly earned wages for hard work and set off on a free voyage - surf the oceans of employment sites, employment centers, or get a job where they promised wages an order of magnitude higher, conditions a thousand times better and the team much more polite and efficient.

If it is not desirable to continue the relationship in the organization, we freely contact the authorities authorized to resolve personnel issues with a request for dismissal. The employee cannot receive a waiver from signing the application; it must be paid by the enterprise.

It is necessary to pay attention to the fact that sick leave is an obstacle to unilateral termination of the contract. But, an employee can quit without coming to the company. It is possible to use services such as courier, postal and so on.

If a violation of the labor legislation of our mighty Russia is allowed, the resigning person must seek protection from the prosecutor’s office at his location, or to the court to defend his point of view and demand punishment for the perpetrators. Moreover, you can demand compensation for moral damage. Legal assistance in writing documents will not hurt here.

Did you violate your rights when you were fired? You need to boldly go to court and defend your point of view. They don’t hand over the book, they refuse to sack me, they don’t pay my salary – the prosecutor’s office. If you need knowledge for these actions, please contact a professional lawyer.

Tags: Work

How to protect your rights upon dismissal

It is worth noting that the organization faces heavy fines for failure to comply with labor laws, so it is unlikely that it will commit such serious violations. If, nevertheless, they refuse to let you go, and two weeks after submitting the application, the dismissal order has not been issued, you can file a complaint with the office of the institution. If these measures do not lead to the required result, do not hesitate to contact the judicial authorities.

This is also important to know:
How dismissal is carried out under an article for failure to fulfill official duties: detailed instructions

In order to confirm the fact and date of writing the resignation letter:

- make a copy of the application, having it certified by the HR department,

- send the application by certified mail with acknowledgment of receipt,

- send the application by telegram, having your signature certified by the signalman.

The fact that, by law, you can demand financial compensation if your salary is delayed or your work book is not returned will help you to cheer up. Labor disputes: what you need to know when going to court

To whom and how should I submit it?

A letter of resignation can be submitted in different forms:

• handwritten;
• sent by mail electronically;
• in the form of a telegram.

The legislation does not have strict rules on how exactly to submit an application for dismissal at your own request to a manager. In an organization, the statement must reach the manager.

You can submit a document:

• personally to the employer (manager or director);
• manager's secretary;
• head of the enterprise's personnel service;
• HR employee;
• office worker.

Each company has its own instructions in this regard. It is necessary for the manager to put a mark on the application regarding its acceptance on the same day. After this, the document is sent to the office to issue a dismissal order.

Dear readers! To solve your problem right now, get a free consultation

— contact the on-duty lawyer in the online chat on the right or call:
+7
— Moscow and region.
+7
— St. Petersburg and region.
8
- Other regions of the Russian Federation
You will not need to waste your time and nerves
- an experienced lawyer will take care of solving all your problems!

What to do when your resignation letter is not accepted

If the employer does not accept the application and does not dismiss, the employee can send documents to the organization’s office management and document management department. How to do this by mail has already been discussed previously. Until the time specified in the application, you must perform your official duties in full. The right not to go to work appears when the notice period has expired.

Having not received a work book, you can go to court with a demand for all days of delay in issuing documents to recover the average earnings from the organization (paragraph 4 of part 1 of Article 234). The employee is also entitled to compensation for moral damage (paragraph 14 of part 1 of Article 21, Article 237). The inaction of the manager is subject to appeal in a court of general jurisdiction. You can protect labor rights through a trade union organization, a territorial division of Rostrud, or the prosecutor's office.

There are also legal issues associated with wrongful termination. It is considered as such when another person wrote the application for the employee or there is no document at all. If a forgery is discovered, the employee should file a lawsuit with a demand to restore it, as well as a petition for a handwriting examination. If a conscientious leader wants to play it safe, he should accept only those statements that are written by hand and in his presence.

Another condition under which dismissal is considered illegal is writing a statement under duress. It is difficult to prove that leaving a job was dictated not by one’s own desire, but by pressure from management, so winning cases of this kind are rare. Procedural violations may be grounds for declaring dismissal illegal. Neglect of the norms is sometimes indicated by a discrepancy between the dates indicated in the application and the order.

Thus, to ensure that neither party challenges the voluntary dismissal in the future, the letter of the law must be strictly adhered to.

What documents do you receive upon dismissal?

On the last working day, check whether you have received all the documents:

• work book with a formal notice of dismissal made in it,
• a certificate of the total salary for the last three years,
• certificate 2-NDFL.

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 according to the All-Russian Classifier of Management Activities (OKUD) – 0301006;
• code according to the All-Russian Classifier of Enterprises and Organizations (OKPO) - it is different for each company;
• name of company;
• the text of the order itself;
• Date of preparation.

This is also important to know:
How much compensation is paid for unused vacation upon dismissal?

Please consider me free...

Let's start with the most basic thing that should be in the application, on the basis of which the employment contract with the employee will be terminated. Namely, with a clearly expressed desire of the employee to terminate the employment contract with the employer. This may be evidenced by the phrases: “dismiss”, “terminate the employment contract”, “terminate the employment relationship” - these are exactly what should be contained in the employee’s application.

If the document contains neutral expressions (“I ask you to relieve me of my position”, “I resign my authority”, “I ask you to consider me free”, etc.), then issuing a dismissal order on the basis of such a statement can become a very risky business. . After all, the employee may later state that he just wanted to take a vacation/time off or transfer to another position.

Therefore, if an employee brings a statement with such wording, ask him to rewrite the paper. You can formalize this by order of the manager, issued on the basis of an internal memo from a personnel employee. In it, the HR employee informs the manager that a statement has been received from the employee in which the will to dismiss is implicitly expressed. The manager, in turn, issues an order informing the employee of the provisions of the Labor Code about the procedure for dismissal at his own request and asks to confirm whether the employee’s will is aimed specifically at dismissal. This order is delivered against signature.

In the Kontur-Personnel program, you can use not only the unified form T-8 “Dismissal Order”, but also the expanded form T-8, taking into account the vacation days used.

Try for free

Calculations upon dismissal

After terminating the contract and signing the corresponding order, the employee must receive all required types of payment, and compensation is also paid. Upon dismissal, the accounting department calculates wages based on the time actually worked for the current month, regardless of the end date of work.

As a rule, problems do not arise with this type of payment; the calculation is carried out in the standard mode. Most often, questions regarding accrual arise when issuing compensation for unused vacation. Upon dismissal, the calculation of this amount may cause controversy. Vacation pay is accrued to employees in accordance with Article 121 of the Labor Code of the Russian Federation annually, while many employees actually do not go on vacation at their own request or on the initiative of their immediate supervisor. Information about this payment is collected for the entire period of work, i.e. for each year, regardless of the fact of using vacation. Compensation upon dismissal is regulated by Article 127 of the Labor Code of the Russian Federation.

If, due to the type of activity, an employee has the right to additional (extraordinary) leave, then his payment is regulated by the internal regulatory documents of the enterprise and the decision of management. For advance payments of vacation pay, this amount is deducted from the calculation. Other types of severance pay and compensation payments depend on the type of activity of the enterprise and the profession of the employee.

What entry will be placed in the labor record?

It should be remembered that a work book is a rather strict document, and the outcome of possible disputes regarding length of service and type of work activity often depends on the correctness of the entries made in it. Therefore, when dismissing for any reason, including at his own request, the employee must ensure that the company’s personnel officers make an entry in strict accordance with the Labor Code of the Russian Federation. The current instructions for filling out work books provide that the entry is made with reference to Art. 77 of the Labor Code of the Russian Federation is a general article that provides for all grounds for dismissal, and not under Art. 80 of the Labor Code of the Russian Federation, which specifically refers to dismissal at the initiative of the employee.

Therefore, the entry in the work book for the person resigning must contain a reference to clause 3 of Art. 77 of the Labor Code of the Russian Federation and the words “dismissed at his own request” or “dismissed at the initiative of the employee.” Let us emphasize once again: in the labor instructions of Art. 80 of the Labor Code of the Russian Federation should not exist! This is a very common mistake that is made in many HR departments, but due to its prevalence, it does not become acceptable.

If, upon dismissal, you discover that a mistake has still been made, you need to demand that a new entry be made immediately: “The entry numbered ... (the number of the erroneous entry should be here) is invalid.” After this, personnel officers must make the correct entry for the next serial number.

Free legal consultation

We will answer your question in 5 minutes!

Free legal consultation We will answer your question in 5 minutes!

Call: 8 800 511-39-66

Ask a Question

To finish the conversation about entries in the labor report, let us pay attention to the fact that entries in the labor report are made only in full words, without abbreviations. Therefore, it should not be written “p. 3 tbsp. 77 of the Labor Code of the Russian Federation”, and “clause 3 of Article 77 of the Labor Code of the Russian Federation”.

Is two weeks a period or a period?

The next bottleneck in a voluntary resignation letter is the date of termination of the contract. Many employees do not bother themselves with calculations and submit an application without specifying a dismissal date at all, believing that in two weeks they will be fired automatically. However, this should not be done under any circumstances. Let's explain why. According to Art. 80 of the Labor Code of the Russian Federation, an employee who decides to quit must notify the employer about this at least two weeks in advance. Please note that the legislator says “no less than...”, which means that we are talking only about the minimum notice period. So nothing prevents an employee from reporting his intentions three weeks, a month, two, or six months in advance.

So it turns out that if the application does not indicate the date of dismissal, then such a document cannot be accepted for execution. The solution is the same as in the previous case: if verbal suggestion does not help, the personnel employee prepares a memo addressed to the manager, and he issues an order explaining the procedure for dismissal and asking to clarify the date.

Withdrawal of application

Sometimes an employer, when negotiating with an employee regarding dismissal, due to the value of a specialist, tries to interest him in more favorable working conditions and keep him at the enterprise.
This could be a salary increase, career growth, or a more responsible area of ​​work. At the same time, the remaining 14 days of work are left for the employee to carefully consider management’s proposal. The result is not always predictable, but most people, when thinking about the prospects for promotion and the fact that they can remain in their home team, most often withdraw the previously written application. This is usually done in two ways: either after the expiration of 14 days, the employment contract remains in force by agreement of the parties, or an official document is written to invalidate the resignation letter. There is no unified form of the document, so it can be written in any form. It is invested in the employee’s personal file, and the application for voluntary resignation loses legal force.

The signature is the head of everything

An application for voluntary resignation has few required details. And almost all of them have already been discussed above. But don’t forget about the most important detail – the employee’s signature. Obviously, it must be on the application. Without it, this document has no legal force.

To avoid disputes about whether the employee himself signed the application or whether his signature was forged, we recommend making it a rule in all personnel documents to provide employees with the opportunity not only to sign an autograph, but also to independently fully decipher their signature (as is usually done in notarial documents: powers of attorney, contracts and so on.). It is better to file a “dismissal” application in the same way.

Leaving correctly

Regardless of the reason for leaving, the employee must behave very correctly and with dignity, leaving the best impression of himself both as a person and as a specialist. To do this, you need to follow several basic rules. You can’t go “nowhere”; you first need to find a place to work and go for an interview. If the future location is objectively more promising, then you can prepare the team for your departure. Some employers understand that an employee is looking for a new job because they cannot provide prospects for further growth and development. Although most managers and colleagues treat someone who submits a letter of resignation as a traitor.

Diplomacy

It is possible that the bright prospects of working in a new position in a long-awaited place will remain a dream, so you should communicate very correctly with management.

This is also important to know:
How to calculate average daily earnings upon dismissal: formulas and basic calculation rules

No one is safe from mistakes; what if you have to go back? When talking with the director, you must use maximum arguments and a minimum of emotions. The reason for leaving should be formulated in such a way as not to affect the person’s self-esteem. It is best to start the conversation with gratitude for the invaluable experience of working under his leadership.

If you formulate your request correctly, you may be able to quit your job without working off. But at the same time, it is necessary to provide justification for the completion of all your current affairs. If the diplomatic approach gave a positive result, then you can ask for recommendations for a new job. And then you can even sit down to write a book “How to quit your job the right way.”

The basic rule: there is no need to slam the door and shout about what a bad enterprise this is, even if the dismissal of an employee occurs on the initiative of the manager, you must at least “save face.”

Team

How to quit your job correctly so as not to cut off friendly ties and have the opportunity to return? The recipe is simple - be open and friendly. The work team is a big family - if you explain it correctly, they will understand and support you.

A prerequisite for dismissal is the delivery of all current projects and the completion of work begun. It will be very good if an employee brings a qualified specialist to his place, whose training will not take much time. Then the work process will not suffer, which will greatly please the management of the enterprise and colleagues at work.

After submitting the dismissal document and if it is signed by the director, it is necessary to notify all contractors with whom work and personal contacts have been established. This will help you not to lose useful connections and establish them if necessary, and it will also make the work of the person who will work with them in the future easier.

The final stage

After receiving the entire settlement amount and due compensation, do not forget to say a warm goodbye to your colleagues; a small tea party will leave pleasant memories. But in the holiday bustle, it is necessary to collect all the necessary documents. The work book must contain a record of termination of the employment contract at the initiative of the employee, i.e. Art. 80 of the Labor Code of the Russian Federation.

If you manage to get a letter of recommendation from management, it will be very useful both for the employee and for the image of the employer’s company. From the accounting department you must obtain a certificate in form 2-NDFL (income tax) for the last 6 months. It will be needed at the new place of work to calculate sick leave or vacation. Don’t try to take everything you’ve developed with you; your colleagues will be grateful if you leave the developed summary tables or indicator charts with them and teach them how to create the same ones themselves.

Dismissal on sick leave

Consider the situation: an employee, having written a letter of resignation of his own free will, fell ill and did not recover before the date of dismissal. How to fire an employee correctly and avoid mistakes?

It is important to know that:

• if the employee’s application indicates the date of dismissal, then this is the date on which the employment contract should be terminated, since the date of dismissal can be changed only with the consent of the employee;
• if the date of dismissal is not indicated in the employee’s application, then the employee should be dismissed two weeks after the employer receives the employee’s application for dismissal in accordance with part one of Article 80 of the Labor Code of the Russian Federation;

It should be remembered that the notice period for voluntary dismissal begins the day after the employer receives the employee’s resignation letter.

• An employee’s sick leave opened before his dismissal is paid on a general basis.

On the day of dismissal, due to the employee’s absence, the employer is obliged to send the employee a notice of the need to appear for a work book or agree to send it by mail, or send the employee information about work activity in the STD-R form, duly certified, by registered mail by letter with notification in accordance with Part 6 of Article 84.1 of the Labor Code of the Russian Federation.

Do not forget that the employee can withdraw his application at any time before the expiration of the notice period for dismissal.

List of sources

• https://uznayvse.ru/voprosyi/kak-pravilno-uvolitsja-s-raboty.html
• https://www.syl.ru/article/152661/new_kak-pravilno-uvolitsya-s-rabotyi-trudovoy-kodeks-uvolnenie-sovetyi-yurista
• https://story-woman.ru/karera/kak-pravilno-uvolitsya-s-raboty/
• https://topurist.ru/article/53780-uvolitsya-po-zhelaniyu
• https://legkopolezno.ru/rabota/karera/kak-pravilno-uvolitsya-s-raboty-po-sobstvennomu-zhelaniyu/
• https://sovets.net/13772-uvolnenie-po-sobstvennomu-zhelaniyu.html

Subscribe to the latest news