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.
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Is it handwritten or typed on a computer?
One of the main requirements for a resignation letter is to submit it in writing. However, the content of this concept is not disclosed in the Labor Code.
Therefore, when deciding whether a resignation letter can be printed on a computer, one must be guided by other standards. According to GOST R 51141-98, written documents are those in which textual information is recorded by hand or using technical means.
Thus, the law does not prohibit printing a dismissal document on a computer (however, you still have to sign it yourself). At the same time, in the event of a dispute that is resolved in court, writing a document by hand allows you to more accurately establish its authorship.
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.
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
Is it necessary to write a letter of resignation as an individual entrepreneur?
Russian legislation prescribes that people working for individual entrepreneurs must be officially registered for work without fail. Without this, it is problematic to pay taxes, make contributions to the pension fund, etc.
Article 20 of the Labor Code of the Russian Federation reveals the concept of employer. It describes all the rights and obligations with which he is endowed. It also states that individual entrepreneurs have the right to use hired labor.
Mutual responsibility
Many people mistakenly believe that only if a person works for a legal entity should he be officially on the staff. It's a delusion. An individual entrepreneur has the same rights and obligations as an employee of any other enterprise. In case of dismissal of his own free will, he must write a corresponding statement. Otherwise, the employer has the right to apply penalties in the form of fines.
Important! The standards for dismissal are established by the Labor Code of the Russian Federation.
Dismissal without work
To conclude the conversation about dates, let’s consider a situation where an employee filed an application in which the date of dismissal is indicated without taking into account the two-week notice period, that is, the employee asks to dismiss him before the expiration of this period.
In this situation, the employer has a choice of actions. He can agree and fire the employee on the day he asks, without waiting for two weeks to expire. A similar option is provided for in Art. 80 of the Labor Code of the Russian Federation, which states that by agreement between the employee and the employer, the employment contract can be terminated before the expiration of the notice period for dismissal. In this case, the employee’s statement and the order issued on its basis will precisely confirm the existence of such an agreement. The Labor Code does not stipulate that the agreement must be written or in the form of a separate document.
The second possible course of action in this case would be to notify the employee that his application was submitted in violation of the rules established by Art. 80 Labor Code of the Russian Federation. This should be followed by a proposal to indicate the date in the application, taking into account the provisions on the need to notify the employer at least two weeks in advance. In this case, the employer must inform the employee that his initial statement has no legal force and he will not be fired on its basis.
What taxes are paid?
Attention! The procedure for dismissing an employee is accompanied by payment of taxes by the employer:
- personal income tax. This type of tax is paid on the day the dismissed employee is paid all the money due to him, or the next day after payment. If an employee is fired on a day off, tax payment is made on the working day following the day off;
- insurance premiums. Such payment is made the next month after the quitting employee’s salary was accrued, but no later than the 15th.
In the event of dismissal of all employees, the individual entrepreneur reports this fact to the Social Insurance Fund. In this case, his employer status will be removed.
An individual entrepreneur, like any other employer, when dismissing employees, is obliged to be guided by the norms of current legislation. If the dismissal occurs with violations, the employee files a claim in court to annul the procedure. In addition, he may demand compensation for moral damages.
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.
How to submit
After drawing up the document, it must be transferred to the individual entrepreneur or to the human resources department, if available. You can do this in several ways:
- The application can be submitted in person. On the second copy, which remains with the employee, you must ask to put a mark on receipt of the document, indicating the registration date, assigned number and signature of the responsible person (IP);
- send via registered mail. This method is especially relevant if the employee is on sick leave, on vacation, or simply cannot appear in person. To do this, you need to use the services of the nearest post office. An additional sheet with a list of all enclosed documents must be attached to the application. This information may be required if there is a disagreement about the contents of the letter. A registered letter with acknowledgment of receipt must be sent to the location of the organization. After it is received by the individual entrepreneur, a receipt will be sent to the sender;
- send the application via telegram with notification of receipt. To do this, a person will need to go to the nearest post office with a passport or other document that can confirm his identity and signature, as well as an application form. The text of the telegram must fully correspond to the text of the statement. Before sending, the operator puts an o, which indicates the compliance of all specified data. Upon receipt, the applicant is also sent a corresponding receipt;
It is important to know! If for some reason the individual entrepreneur refuses to sign the receipt, then postal employees can personally mark the delivery of the letter or telegram.
- send a document via email. This method is not used in all organizations. In addition, the applicant must have a digital signature certified by a notary. Without it, the document has no legal force.
After receiving an application from the employee, the individual entrepreneur can begin the dismissal procedure.
Read on the topic: Dismissal at your own request by mail
Must be fully endorsed
And in conclusion, we want to give one more universal piece of advice. Many managers like to endorse employee applications. So, you need to take into account that in the case of a resignation letter, it is possible to endorse only the entire application.
In other words, when endorsed, the manager cannot make any reservations or otherwise change the dismissal procedure specified by the employee in the application. In this case, the very principle of dismissal “on one’s own” is violated: the initiative no longer comes only from the employee, but partly from the employer. Therefore, all such changes can be carried out only by agreement of the parties, drawn up either in a separate document or in a new, clarified statement from the employee.
Is it possible to withdraw an application?
It is common for every person to make mistakes. Likewise, an employee, having submitted a letter of resignation, may change his mind at some point. In order to withdraw the application, a person has 14 days. But there is one condition: by the time the employer re-applies on the issue of dismissal, the employer must not have selected a new employee.
What to do if a person planned to go on vacation before leaving, but then decided to return to work again? He needs to withdraw his application without going on vacation.
There are no special legal requirements for the procedure for withdrawing a resignation letter. You can put a special mark on the document, or you can withdraw the old application and write another one, and everything is written in any form.
